Section 10 – No Conviction

Section 10

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Click here for a detailed article on how to obtain a section 10.

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Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows a court to sentence a person without recording a conviction where a person has pleaded guilty or been found guilty. 

The court, in such a circumstance, can dismiss the matter outright under section 10(1)(a) or place the person under a Conditional Release Order without a conviction under section 9(1)(b), which is a good behaviour bond. 

In deciding whether to make a section 10 order, the court is to have regard to the following factors:

1. The person’s character, antecedents, age, health and mental condition.
2. The trivial nature of the offence.
3. The extenuating circumstances in which the offence was committed.
4. Any other matter that the court thinks proper to consider, including the effect of a conviction on your life.

If you have no criminal record, then a section 10 means that even if you are guilty, you will continue to have no criminal record. If you already have a criminal record, it means that you will not be convicted for the new charge, and it will not appear on the criminal record that you already have.

For traffic offences, it also means you keep your driver’s licence.

You can find out everything you need to know about obtaining a section 10 here.