Section 10a Conviction
Section 10a was inserted by the crimes and courts legislation amendment act 2006 which commenced on 29 november 2006 gg no 175 of 8 december 2006 p 10 385.
Section 10a conviction. Section 10 refers to section 10 of the crimes sentencing procedure act 1999. Section 10 of the crimes sentencing procedure act 1999 allows for a court that finds you guilty of an offence to discharge you without recording a conviction. If you require advice on section 10a convictions with no further penalty or any other legal matter please call us on 1300 038 223 or email us.
A reference to section 10 dismissal is a reference to section 10 1 a of the crimes sentencing procedure act. If someone is sentenced with section 10a then s he will be convicted of that crime. The major benefit of receiving a section 10 is that a conviction is not recorded on your criminal and or traffic record.
That law provides that a court may find a person guilty of an offence and without proceeding to conviction make an order directing that the relevant charge be dismissed. And it will have also appeared in his or her criminal records. However presently where no conviction is recorded for a traffic offence either because an order is made pursuant to section 10 1 a of the crimes sentencing procedure act or a cro without conviction is imposed pursuant to section 9 1 b of the crimes sentencing procedure act no demerit points will be recorded for the offence.
Section 10 crimes sentencing procedure act 1999 identifies the following three orders which may be made when a court decides not to convict an offender. Section 10 1 a of the crimes sentencing procedure act 1999 nsw gives the court power to deal with guilty persons by dismissing the charge s completely. If you do breach your bond it can be called up and you may need to appear before the court.
This means that you will not receive a criminal record for that offence. The important thing is that there is no criminal conviction no good behaviour bond no fine and in driving cases no licence disqualification. There are two sections regarding auto vehicle theft or stealing a motor vehicle.
A section 10a conviction will be recorded on a person s criminal record and will appear when a national police check is done until the conviction becomes spent. In the sections 10a there is a conviction with no charges or penalties involved with it. A section 10 allows a court to find you guilty of an offence but to discharge the matter without recording a conviction.