What is Section 10 in NSW?
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court that finds a person guilty to deal with the matter without proceeding to conviction.
A Section 10 decision follows a finding of guilt. It is different from being found not guilty, having a charge withdrawn or successfully defending the charge.
Section 10 is a discretionary sentencing option. It is not an entitlement and no lawyer can promise that it will be granted.
- dismiss the charge;
- discharge the person under a conditional release order without conviction; or
- discharge the person subject to participation in an intervention program.
Read section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Section 10 dismissal: what does a dismissal mean?
A Section 10 dismissal is an order made after the court finds the offence proved but does not proceed to conviction.
The practical effect of a dismissal can depend on the particular form, licence requirement, employment question, travel application or other law involved.
A dismissal should not be described as meaning that there are no possible consequences in every situation.
- does not record a conviction;
- is not the same as an acquittal;
- does not mean the court ignored the charge; and
- does not involve ongoing conditional release order conditions.
Read the Judicial Commission of NSW guidance on dismissals and conditional discharge.
What is a conditional release order?
A conditional release order, or CRO, is a court order that can include conditions.
This distinction is important. A CRO is not automatically a no-conviction order.
A Section 10 CRO is different from a Section 10 dismissal because the person remains subject to the conditions of the CRO. The order can run for up to two years, depending on the order made by the court.
Conditions must be read carefully and followed. Breaching a condition can create further legal consequences.
- without a conviction under Section 10; or
- after a conviction has been recorded.
Read more about conditional release orders in NSW.
Read the dedicated guide to Conditional Release Order NSW.
Dismissal, Section 10 CRO and CRO with conviction
The wording of the court order matters. Do not rely on the label “CRO” alone when answering a police-check, employment, licensing or travel question.
| Outcome | What the court does | Conviction position | Practical point |
|---|---|---|---|
| Section 10 dismissal | Finds the offence proved but dismisses the charge without proceeding to conviction | No conviction is recorded, subject to the particular legal context and any statutory exception | There are no ongoing CRO conditions |
| Section 10 CRO | Discharges the person under a conditional release order without proceeding to conviction | No conviction is recorded | The person must comply with the CRO and its conditions |
| CRO with conviction | Makes a conditional release order after recording a conviction | A conviction is recorded | The person must comply with the CRO and its conditions |
When will a court consider Section 10?
Section 10 does not operate as a simple eligibility checklist. The court considers the whole matter.
Under section 10(3), the court must have regard to factors including:
- your character and prior history;
- your age, health and mental condition;
- the particular conduct involved;
- whether the offence was trivial in its circumstances;
- any extenuating circumstances; and
- any other matter the court considers proper.
Does Section 10 apply to drink driving?
A court can consider Section 10 in an eligible drink driving matter, but no result is automatic.
High-range and repeat drink driving matters can be especially difficult. The fact that an offence is a first offence does not by itself mean that a Section 10 outcome will be available.
- the alleged PCA range;
- the particular driving circumstances;
- whether anyone was placed at risk;
- your driving and criminal history;
- any prior drink driving matters;
- your licence circumstances; and
- the material placed before the court.
Read our drink driving lawyer Sydney guide.
Can Section 10 apply to assault or drug charges?
Section 10 can arise in a range of matters, including some assault and drug offences. The outcome depends on the particular charge and conduct, not simply the category of offence.
For an assault matter
Relevant issues may include the alleged injury, whether a weapon is alleged, the circumstances of the incident, whether the allegation is domestic violence-related, your prior history and the available evidence.
For a drug matter
Relevant issues may include the type and quantity of the substance, whether possession, supply or another allegation is involved, the surrounding circumstances, your history, treatment or rehabilitation material and the seriousness of the alleged conduct.
Read our guide to assault charges.
Read our guide to drug offences in NSW.
Does a Section 10 mean no criminal record?
A Section 10 order is made without proceeding to conviction, but it is not safe to treat that as a universal answer to every police check or disclosure question.
- the type of check;
- the wording of the question;
- the organisation requesting the information;
- a licensing or registration scheme;
- another applicable law; and
- whether the order involved conditions.
What material can support a Section 10 submission?
The appropriate material depends on the case. It may include:
- relevant character references;
- evidence of employment or study;
- medical or treatment information;
- rehabilitation or counselling material;
- information about caring responsibilities;
- evidence explaining unusual or extenuating circumstances;
- material addressing the risk of further offending; and
- documents that help explain the practical consequences of a conviction.
How can a lawyer help?
A lawyer may assist by reviewing the charge, assessing the available pathway and preparing the material and submissions appropriate to the matter.
- Reviewing the charge Identifying the allegation, the court date and the decisions that need to be made.
- Assessing the available pathway Discussing the evidence, plea options, sentencing issues and whether a no-conviction submission is realistically open.
- Preparing relevant material Organising references, rehabilitation evidence, treatment material and supporting documents where appropriate.
- Preparing submissions Explaining the particular facts, your history and the material the court should consider.
- Addressing practical consequences Discussing questions about police checks, licensing, employment, travel and CRO conditions.
What should you do before court?
Keep the essential information together:
- your Court Attendance Notice;
- police facts or other served documents;
- the court date and location;
- any bail or licence conditions;
- relevant medical or treatment records;
- details of employment, study or caring responsibilities; and
- any material that may help explain your circumstances.
Official sources
Check current NSW law and process
Common questions
Section 10 NSW FAQs
What is Section 10 in NSW?
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives a court options to deal with a person found guilty without proceeding to conviction. The options include a dismissal, a conditional release order without conviction or an intervention-program order in the circumstances set out in the Act. It is a discretionary sentencing outcome, not a promise.
Can I get a Section 10 for a first offence?
A first offence may be relevant, but it does not guarantee a dismissal or CRO without conviction. The court considers the charge, the particular conduct, your history, the statutory factors and the material placed before it.
Is a Section 10 CRO the same as a dismissal?
No. A dismissal has no ongoing CRO conditions. A Section 10 CRO involves a conditional release order without conviction, and the person must comply with the conditions imposed.
Is a Section 10 CRO a good behaviour bond?
Older material may refer to a Section 10 good behaviour bond. Under the current NSW sentencing framework, a Section 10(1)(b) order is a conditional release order without conviction.
Can I avoid a conviction for drink driving?
A court can consider Section 10 in an eligible drink driving matter, but the outcome depends on the alleged offence, PCA range, driving circumstances, history and material before the court. No result is automatic.
What happens if I breach a CRO?
The consequences depend on the order, the alleged breach and the applicable law. Read the conditions carefully and obtain advice promptly if you believe a condition may have been breached.
Will a Section 10 appear on a police check?
There is no safe universal answer. Disclosure can depend on the type of check, the wording of the question, the organisation requesting it and any applicable legislation or scheme. Obtain advice about the particular requirement.
Does Section 10 remove all consequences?
No. A Section 10 order avoids proceeding to conviction in the relevant circumstances, but it may not answer every licensing, employment, travel, registration or disclosure question. The practical effect depends on the order and the relevant legal context.
