‘Section 10’ refers to section 10 of the Crimes (Sentencing and Procedure) Act. It allows a court that finds you guilty of an offence to discharge you without recording a conviction. This can be with or without a good behaviour bond and means there is no conviction on your record and you get your licence back immediately.
A section 10 dismissal is more likely to occur for low range PCA offences where the defendant has a very limited criminal and traffic record. There is a guideline judgement which explains why section 10 is rarely appropriate in high range PCA matters – this is discussed below. Section 203 of the Road Transport Act also says that a person cannot be dealt with under section 10 if they have already received a section 10 for similar traffic matters at any time within the past five years.
Some of the factors that the court must consider under section 10 are:
Other factors that can affect the likelihood of a section 10 include:
The chances of having your matter dismissed under section 10 will always be in increased if your plea is well prepared and presented by an experienced lawyer.
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