Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 is an order which results in a non-conviction and dismissal of the charge(s) without any conditions. This order is the most lenient penalty available to a Magistrate or Judge which can be imposed for certain criminal and traffic offences.

A s10(1)(a) will mean you can say ‘no’ whenever asked ‘do you have a criminal conviction?’.

A section 10 non-conviction can also be available for a person guilty of a criminal or traffic offence under section 10(1)(c) of the same Act. This can be obtained if the Judge or Magistrate believes that it will reduce the likelihood of re-offending by imposing a condition that you participate in an intervention program to promote your treatment or rehabilitation.

A Judge or Magistrate can only impose an intervention program as a condition under
s10(1)(c) if satisfied that:

  • You’re eligible to participate in it; and
  • You’re a suitable person to participate in it; and
  • That the program is available in the area you will be living.

To determine these things, the Judge or Magistrate may order an assessment report,
which may take up to 8 weeks to obtain. If this assessment report says that you’re
suitable then it is more likely the Judge or Magistrate will make the order in your
favour.