SECTION 10 DISMISSAL
Section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 is an order which results in a non-conviction and dismissal of the charge (s) without any conditions. This order is the most lenient penalty available to a Magistrate or Judge which can be imposed for certain criminal and traffic offences.
A s10 (1) (a) will mean you can say ‘no’ whenever asked ‘do you have a criminal conviction?’.
A section 10 non-conviction can also be available for a person guilty of a criminal or traffic offence under section 10 (1) (c) of the same Act. This can be obtained if the Judge or Magistrate believes that it will reduce the likelihood of re-offending by imposing a condition that you participate in an intervention program to promote your treatment or rehabilitation.
A Judge or Magistrate can only impose an intervention program as a condition under s10 (1) (c) if satisfied that:
- You’re eligible to participate in it; and
- You’re a suitable person to participate in it; and
- That the program is available in the area you will be living.
To determine these things, the Judge or Magistrate may order an assessment report, which may take up to 8 weeks to obtain. If this assessment report says that you’re suitable then it is more likely the Judge or Magistrate will make the order in your favour.