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If you have been charged with a criminal offence obtaining a criminal conviction can often lead to devastating consequences. For example, someone with a criminal offence of Possess Prohibited Drug may not get an exemption to enter the Country of the United States of America. Alternatively, a criminal conviction for Drug possession usually must be disclosed to an employer or potential employer and this can result in employment refusals or getting sacked. At National Criminal Lawyers we do all we can to help clients avoid the recording of criminal convictions.
If you have been charged with an offence and wish to know about your section 10 options National Criminal Lawyers can give you access to the Best Criminal Lawyer Sydney has to offer to advise you about your prospects of a section 10.
References are an extremely important part of a plea of guilty in Court. They are generally tendered without question, and always effect the severity of any applicable penalty, often to a marked degree. Clearly, this is a client’s golden opportunity to impress upon the court what a marvellous, hardworking, family and community orientated person you they are.
Letter Of Apology
Letters of apology should follow the same format as references in terms of presentation.
For a guide on how to write character references and letter of apology please visit CHARACTER REFERENCES PAGE.
A section 10 can be made after a plea of guilty; or in some cases after being found guilty.
Section 10s usually apply to first offenders and usually only in certain circumstances as the Courts deem appropriate.
Section 10s are normally only given by the Court where your offence warrants no punishment OR only a nominal punishment OR in circumstances where it would be better to place you on a bond and not record a conviction.
The reason it is called a section 10 is because it is located in law under s10 of the Crimes Sentencing Procedure Act 1999 (NSW) see- http://www5.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s10.html
To get you a section 10 you will need to argue that either or some or all of the following reasons apply to your case;
The Court will also look at;
National Criminal Lawyers are the best Criminal Defence Lawyers Sydney has to offer when it comes to section 10s. If you need to apply for a section 10 we know all of the required documentation you will need to furnish and we can help you to properly prepare.
In particular the Courts will be assisted by and will consider the following documents and reports when a section 10 application is made;
For a guide on how to write character references please visit CHARACTER REFERENCES AND LETTERS OF APOLOGY
Section 10 orders means no conviction is recorded. In other word’s if you get a section 10 you do not end up with a criminal record for that offence. That said if an order under s 10 is made the order still has the same effect as a conviction for the following purposes:
(a) For the purposes of any law with respect to the reverting or restoring of stolen property;
(b) For the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996; and
(c) For the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property;
The power to give a section 10 is a way that parliament (politicians) and the community provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character:
One leading case on section 10 is R v Ingrassia (1997) 41 NSWLR 447 at 449. In that case the court acknowledged that the “legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court” and “the fact that a person is subject to these additional adverse consequences is a relevant consideration in the exercise of the use of a section 10”.
If you are suitable for the application of a section 10 or CRO National Criminal Lawyers can provide you with the most Affordable Criminal Lawyer Sydney has to advise you and run your section 10 argument in Court.
To get a section 10 the Court must consider whether or not the offence is of a trivial or minor in nature. Most criminal charges are not minor and if the offence is not trivial usually an s10 application will fail. At National Criminal lawyers however we have had success in arguments where while at first glance the offence is not trivial and not minor after further investigation by us and then presentation or submissions to the Court we have been able to persuade the magistrate that there are special reasons or circumstances which make the offence less serious.
Some of the arguments for special reasons or circumstances include where;
Basically, there are four ways a Section 10 can operate:
Note: From 24 September 2018 Section (1)(b) will be replaced with the new Conditional Release Order (CRO).
Conditional Release Orders (CROs) will on 24 September 2018 replace existing ‘section 10 good behaviour bonds’ which are currently contained in section 10(1)(b)of the Crimes Sentencing Act 1999 (NSW).
The new CRO does not replace section 10(1)(a). It only replaces Section 10(1)(b) by virtue of s9 of the new act. Significantly, the current section 10(1)(a) – which allows for the dismissal of charges without a conviction or bond – will remain in place.
Section 9 of the now amended Sentencing Act will set out the requirements for CROs.
Suffice to say the forthcoming section 9(1)(b) will still allow those who plead guilty or are found guilty of a criminal offence to avoid a conviction by entering into a good behaviour bond. Moreover, although the requirements for CROs are outlined in the new section 9, the order will still be made under section 10(1)(b) – as is made clear in the new section 9(1)(b) which refers to the court “making an order under section 10(1)(b)).
The new section 95(2) will set the maximum term for a CRO at two years, which is the same as the maximum duration of existing ‘section 10 bonds’.
However, Section 99(2) will enable courts to require defendants:
CRO orders that cannot be made
The following conditions will be unable to be made for a CRO:
If you have been charged with any Criminal offence our Team at National Criminal Lawyers are well versed and specialists in addressing on penalty and otherwise achieving favourable outcomes. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.