SECTION 10 AND PENALTIES
Sydney Drug Lawyers

 

What is a Section 10?

A “Section 10” is a penalty option which allows the Court to dismiss the charge and not record a conviction on your criminal history even after a plea of guilty has been entered. This applies to both criminal and traffic offences.

In traffic offences, the biggest benefit of a Section 10 is that it allows you to keep your licence and not get disqualified by the Court.

Usually, the court makes a finding of guilt but either dismisses the charge completely or dismisses the charge on condition that you enter into a good behaviour bond for up to 2 years.

Not everyone will receive a “Section 10” and it usually depends on many factors which are presented to the Court by your lawyer. Our Criminal Lawyers have the skills, knowledge and many years of experience in achieving Section 10’s at Court.

Make an appointment with one of our experienced lawyers today and let us give you the right advice, present your case in Court and get you that Section 10.

Court Imposed Fines

The court will usually impose a fine for minor offences; however each charge carries a different fine amount, also referred to as penalty unit.

Our Criminal and Traffic Lawyers will aim to reduce the fine the Court imposes on a person and know what to look for in each case. We also advise clients about how a fine applies to their case and estimate an amount the Court may impose based on their circumstances. A conviction will be recorded on your criminal history with this penalty.

Section 9 Good Behaviour Bond

A good behaviour bond is similar to a contract which you agree to enter into between yourself and the Court. It lasts for a period of time ranging from months to years, but does not exceed 5 years, and can be combined with a fine. A conviction will be recorded on your criminal history with this penalty.

Some good behaviour bonds have specific conditions and supervision which are added by the Court.

In the Children’s Court, a good behaviour bond does not to exceed 2 years and can be combined with a fine.

Section 11 Deferred Sentence

This penalty is commonly used in cases where an offender needs to be assessed for rehabilitation, or is undertaking rehabilitation programs in the community. Here the Court will defer passing sentence for a period of up to 12 months from the date of conviction, and allows the offender to attend to those needs. When the offender returns for sentence, the Court will usually take into account the rehabilitation undertaken by the offender and then impose another appropriate penalty.

Contact our lawyers to discuss whether a rehabilitation program is available for you and how you can benefit from a deferred sentence.

Community Service Orders

Depending on the seriousness of the charge and your personal circumstances, the Court may consider imposing a community service order for a period of up to 500 hours. In the Children’s Court, the maximum community service order ranges between 100-250 hours depending on the child’s age.

Our experienced lawyers will explain your options to you and inform you of whether a community service order may be imposed or is appropriate in your case. There are many factors that are considered in this assessment and we recommend that you make an appointment to see one of our experienced lawyers today.

Are you Facing Imprisonment?

Most criminal and serious traffic charges carry a term of imprisonment (gaol) as a form of penalty. This is sometimes a very difficult and stressful situation that many people face when they are charged by police. We understand these feelings and know how this penalty impacts the person charged and their families.

Our Criminal Lawyers will strive to achieve the best outcome for each and for every client. We will do everything possible to avoid a term of full-time imprisonment being imposed by the Court.

How? We know the law, the Magistrates, the Judges and the Prosecution. We make strong arguments, submissions and formulate strategies to present at Court. We thoroughly prepare each case and give honest and truthful advice no matter how big or small the case is. Most importantly, we get the results!

Home Detention – An Alternative to Full-time Imprisonment

Home detention is a sentence of imprisonment which is served in a person’s home with very strict conditions and monitoring. The Court must firstly sentence a person to a term of imprisonment and then determine whether that person will be suitable for home detention. The term of imprisonment must be 18 months or less.

Contact us now for more details about home detention.

Section 12 Suspended Sentence – An Alternative to Full-time Imprisonment

If the court imposes a sentence of imprisonment of 2 years or less, then it may suspend that sentence on condition that the offender enters into a good behaviour bond.

A suspended sentence is a more serious penalty than just a good behaviour bond because the term of imprisonment continues to be active until the bond expires.

If there is a breach of the bond, the court will call-up the offender and will decide whether to revoke the suspended sentence and send the person to full-time imprisonment. The court will usually not revoke the bond if the breach is found to be trivial in nature.

Contact us if you are facing imprisonment and let us help you get an alternative sentence to full-time imprisonment.

Intensive Correction Order – An Alternative to Full-time Imprisonment

An Intensive Correction Order (ICO) is a penalty of imprisonment, for 2 years or less, which is served in the community under strict conditions and supervision by the Corrective Service of NSW.

An ICO may require an offender to perform a minimum of 32 hours of community service work per month, participate in programs to address certain offending behaviour, be subject to drug testing and comply with other directions.

Contact Powerhouse Law Australia and we will explain this penalty to you in more detail.

Forum Sentencing

Forum Sentencing offers an alternative sentencing option in the Local Court for offenders who commit less serious crime and may be facing a sentence of imprisonment.

If an offender is suitable for Forum Sentencing, then he or she will have to meet face to face with the victim of the crime, police and other people to learn about the impact of their behaviour.

Contact one of our lawyers today to discuss the benefits of Forum Sentencing and how you can participate in it.

The Drug Court

The Drug Court is a specialist Court that deals with offenders who are dependent on prohibited drugs and have been charged with an offence that meets the criteria. There are other conditions that apply, however, if a person is successful, he or she will be sent to a detox unit for assessment and if admitted, will undergo a 12 months residential or non-residential treatment program.

There are big advantages for offenders who choose to go through the drug court, such as being allowed to remain in the community for rehabilitation services, treatment, counselling and other health benefits. Contact us today to discuss whether this sentencing option is right for you.

Section 32 Mental Health (Forensic Provisions) Act 1990

Section 32 is designed to divert persons suffering from a mental condition, mental illness or intellectual disability away from the legal system. This process requires the lawyer to make a formal application in the Local Court and detailed submissions relevant to the client, the case and seriousness of the charge.

On a successful application, the charges are dismissed conditionally or unconditionally, without a conviction being recorded on a person’s criminal history, rather than being dealt with according to law with a penalty.

At Powerhouse Law Australia, we know that everyone has different needs and circumstances, which is why we tailor our advice and service based on the individual client. When applying for a Section 32, our team of lawyers offer a high level of experience, knowledge and service in this area of law.

Contact us today if you have a mental illness, mental condition or an intellectual disability and let us make an application under Section 32 for you.

Sentencing Options in the Children’s Court

The Children’s Court of NSW has different sentencing options which include:

  • Dismissing the charge, with or without a caution
  • A fine (or a fine with a bond)
  • Good behaviour bond for up to 2 years
  • Be released under the Young Offenders Act
  • Community service order up to 250 hours depending on the child’s age
  • Be released on probation up to 2 years
  • Suspended sentence up to 2 years
  • Detention in a correctional facility up to 2 years
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