Getting a section 10

Getting a section 10

Getting a section 10

If you are facing criminal charges it is important to get expert criminal defence advice. Bye Law have extensive experience in all criminal matters.

Don’t risk your future, your livelihood or even your license. Talk to the experts at Bye Law today.

If you have been charged with a criminal offence, we still may be able to assist you in avoiding a criminal conviction. Avoiding a criminal conviction takes skill and expert legal knowledge.

Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows for a Court, to discharge an offender without recording a conviction. This means the person avoids having a criminal record for that offence and that no penalty is imposed.

A section 10 can be imposed either after a person has pleaded guilty, or after being found guilty at a hearing.

A court can impose a section 10 by immediately dismissing the charges, or by placing the person on a conditional release order for a period of time.

A section 10 is not recorded on your criminal or traffic record.

Getting a section 10 can often be very important to a person’s livelihood.
A section 10 can often help a person retain their driver’s licence, as it means that the disqualification, or demerit points for the offence are also not imposed.

However, a section 10 is not an easy result to achieve. A section 10 will not always be considered in all criminal matters.

In assessing whether to deal with the matter under section 10, the court can consider:

  • the person’s character, antecedents, age, health and mental condition;
  • the trivial nature of the offence;
  • the extenuating circumstances in which the offence was committed; and
  • any other matter that the court thinks proper to consider.

An experienced criminal defence lawyer can often prove the difference between leaving court with a clean record, or a conviction.

Don’t risk your future. Contact Bye Law today.

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