Section 10 of the Crimes (Sentencing Procedure) Act 1999 is perhaps one of the most well-known sections of Criminal Law due to the enormous benefits it provides for those to whom it is granted. Section 10 allows for the dismissal of charges and conditional discharge of the offender, and the opportunity to (at least eventually) have the charges against you removed from your criminal record. However, a Court does not usually give out section 10’s unless they are thoroughly convinced by the defendant or his solicitor that he is deserving of such leniency. The factors that the Court is to consider in deciding whether or not to grant a section 10 are as follows:
- Age, character, record, health and mental condition of the defendant,
- The trivial nature of the offence,
- Any extenuating circumstances, and
- Anything else the Court may find relevant.
If the Court does in fact decide to grant a section 10, it has essentially three options in doing so:
- Make an order directing that the relevant charges be dismissed,
- Make an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding two years; or
- Make an order discharging the person on the condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
For more information and legal advice regarding Section 10, call our experienced solicitors on (02) 9233 7776 or email us