Section 10 Dismissal
Section 10 of the Crimes (Sentencing Procedure) Act 1999 stipulates that a Court is able to find an individual guilty of an offence, however order a dismissal of charges, and without recording a conviction. Such an order may, or may not, be made with certain conditions.
There are three types of Section 10 dismissals:
Dismissal without any conditions – s10(1)(a);
With this type of section 10 dismissal, the matter is concluded once with no further conditions or requirements necessary.
Dismissal on condition that a good behaviour bond be entered into for a term not exceeding two (2) years – s10(1)(b);
A good behaviour bond may include certain conditions, which at a minimum will include that the individual does not commit any further offences whilst under a good behaviour bond, otherwise risking the dismissal being revoked.
Once the term of the good behaviour bond has elapsed, the matter is completely dismissed with no recording of a conviction.
Dismissal on condition that the individual partake in a intervention (rehabilitation) program – s10(1)(c).
The condition requires the individual to partake in, and successfully complete an intervention program, and to then comply with any conditions set by the program in order to dismiss their offence.
Section 10(3) states that in determining whether or not to make an order under section 10, the Court must 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;
- any other matter that the Court determines is appropriate to consider.
A fine or community service order cannot be combined with a dismissal or conditional discharge: s. 13 and 14 Crimes Sentencing Procedure Act.