What is a Section 10 dismissal?

What is a Section 10 dismissal?

“Section 10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. A Section 10 allows a Court to find you guilty of an offence but discharge the matter without recording a conviction. This means that you will not receive a criminal record for that offence.

How do I get a Section 10 dismissal?

When Can a Section 10 Dismissal Be Granted?

1. The person’s age, character, 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 the Court thinks proper to consider.

What is a d10 driving offence?

What is a DR10? A DR10 relates to the offence of driving, or attempting to drive, with an alcohol level above the limit. Generally, this means that a person has been driving or attempting to drive while their blood alcohol limit level is above what is legal.

How long does a Section 10 last?

A conviction stays on a person’s criminal record for 10 years. Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to either dismiss a charge, or discharge a person under a conditional release order (good behaviour bond) without a conviction.

Is a section 10 a disclosable court outcome?

That’s because under separate criminal records legislation, a Section 10 order is considered a “conviction” for the purposes of recording records on offenders’ criminal files. Criminal records laws still treat the order as a conviction but upon the making of the order, the “conviction” becomes spent (non-disclosable).

What is a Section 10 a bond?

Dismissals under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 – along with section 10(1)(c) bonds linked to ‘intervention programs’ – are ways to avoid a criminal record despite pleading guilty to, or being found guilty of, a criminal offence – such as drug possession, drink driving, assaults and any …

Is drink driving a criminal conviction?

Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. Driving while exceeding the legal limit can result in a criminal record, a driving disqualification, an unlimited fine and in serious cases a prison sentence!

How long does a criminal conviction for drink driving last?

A drink driving conviction or DR10 endorsement will remain on your driving licence for 11 years from the date of conviction. However, these points are considered ‘spent’ under the Rehabilitation of Offenders Act 1974 after 5 years.

Does a good Behaviour bond show up on a police check?

Does a section 9 bond show up on the client’s criminal record? Yes. The date of the offence, the date of the conviction and the order to enter into a GBB under section 9 are shown on the criminal record.

What is a 12 month section 10 bond?

Section 10 Bond – If the court finds you guilty of an offence, they may decide not to convict you but instead make your discharge conditional upon your compliance with a good behaviour bond. At the end of the time set by the bond, if the bond has not been breached then you will not be convicted for the offence.

Is drink driving a protected conviction?

This conviction will always show up on a DBS check. Custodial sentence of 30-48 months – 7 years from end of sentence. Custodial sentence of 6-30 months – 4 years from end of sentence. Custodial sentence up to 6 months – 2 years from end of sentence.

Can a person be discharged on a section 10 bond?

Section 10 (1) (b) of the current Sentencing Act allows a court to discharge an offender on a good behaviour bond, without proceedings to a criminal conviction. The forthcoming section 9 (1) (b) will similarly allow those who plead guilty or are found guilty of a criminal offence to avoid a conviction by entering…

How to get a drink driving section 10?

An order under Section 10 is discretionary, and although there is no guaranteed path to obtain a drink driving section 10 we have identified the following top 4 points which will increase your chances of obtaining a section 10 and avoiding a conviction: Point #1 as to how to get a section 10: Obtain references from people of good standing.

What does section 10 mean in criminal law?

“Section 10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. A Section 10 allows a Court to find you guilty of an offence, but to discharge the matter without recording a conviction. This means that you will not receive a criminal record for that offence.

How can I avoid a drink driving conviction?

Fortunately, the Law recognises that there are circumstances in which a person should be entitled to avoid a conviction for drink driving and other criminal and traffic offences by the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.