What is a Section 10 or Conditional Release Order?
The Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court authority to not record a conviction in cases where people are either found ‘guilty’ or plead ‘guilty’ under these sections:
Section 10(1)(a) – dismissing the charge/s completely. A criminal conviction will not be recorded on your criminal history.
Section 10(1)(b) with a Conditional Release Order (replaces a Section 10 bond). This is an order conditionally discharging the accused to be of good behavior for up to 2 years. A criminal conviction will not be recorded on your criminal history.
Section 10(1)(c) – conditionally discharging the accused into an intervention program (drug/alcohol or traffic law specific).
Sydney Lawyers that will help to see if you’re eligible for Section 10
A Section 10 or a Conditional Release Order is available for all criminal charges. However, there are important factors the Court must consider when deciding to grant a Section 10 or a Conditional Release Order without a conviction:
a) The person’s character, history, age, health and mental condition,
b) The trivial nature of the offence,
c) The extenuating circumstances in which the offence was committed, and
d) Any other matter that the court thinks proper to consider
What are My Chances?
Offences which are more trivial in nature, not objectively serious and traffic infringements may give a higher success rate. However this is not to say that serious offences are left out. There are a number of cases where serious offences have been given Section 10 result.
The Courts will also give weight to the impact a criminal conviction will have on the person’s current and future life. For example: prospects of employment.
Demerit Points and Licence Suspensions or Disqualifications
Due to the amendments of the NSW demerit point scheme in January 2011, demerit points which are dismissed under Section 10 or a Conditional Release Order are dealt with differently.
Demerit points now will not be incurred or a licence suspended or disqualified if the Court decides to grant a Section 10 and not record a conviction. As a result, drivers can now plead guilty to an offence and not worry about having their license being suspended or disqualified.
Can a section 10 lawyer increase my chances?
The chances of obtaining a Section 10 or a Conditional Release Order can be increased by retaining an experienced Solicitor who has achieved these results before. At Powerhouse Law Australia, our Criminal Lawyers have the skills, knowledge and many years of experience in achieving Section 10’s and Conditional Release Orders (without a conviction) 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 the desired result.
What happens after I receive a Section 10 or Conditional Release Order?
As no criminal conviction is recorded, the Section 10 does not contribute to a negative mark on your criminal record. You will not face any further penalties for the offence you were dismissed from, unless you do something to breach any conditions that are attached to your specific Section 10 or Conditional Release Order.
If you need a lawyer for Section 10, Powerhouse Law are the team to call. Our Section 10 lawyers service Sydney and surrounds. Contact us on 1800 100 529 today.