“Can I get a Section 10?” is a common question many criminal lawyers are asked about minor criminal or traffic matters. Many clients have heard about Section 10s but may not know what they entail – in this article, we will break them down.
What is a Section 10?
When a person attends court for a criminal or traffic offence and pleads guilty or is found guilty of the offence after a hearing, the court will sentence the person – to sentence means to determine the penalty.
A sentencing outcome for a Section 10 is when the court makes a finding of guilt without proceeding to a conviction.
The key words are “without proceeding to a conviction.” This is the key element of a Section 10 – no conviction.
The value of a Section 10
The importance of a Section 10 is that it means a person has not been “convicted” of an offence. This has a significant positive outcome for the person, as convictions may have a detrimental impact on employment, travel, or housing.
Where a person is placed on a Section 10, they may honestly state to any employer or any other organisation that is querying whether the person has a recorded conviction that they have not been convicted of the offence.
Receiving a lenient penalty also shows that the offence is of a less serious nature.
When is court likely to issue a Section 10?
The court considers a number of factors when deciding whether to issue a Section 10. These factors include:
- The age and mental condition of the defendant;
- Whether the defendant has previously had a Section 10;
- The trivial nature of the offence; and
- Any extenuating circumstances in which the offence was committed.
Traffic offences and Section 10
Many people consider traffic offences (i.e. proceeding through a red light, speeding, or not wearing a seatbelt) to be minor and therefore elect to take penalty notices for traffic offences to court believing that a court will automatically award a Section 10.
This is not true – courts routinely fine a person for traffic matters.
It is rare for courts to order a Section 10 for traffic offences as the court considers the safety for all road users when deciding the appropriate penalty.
Where a person receives a penalty notice for a traffic offence, the person should only elect to proceed to court where they have received legal advice and the advice is that an election is appropriate. Otherwise, the court will most likely fine the person, meaning no Section 10 has been awarded and a conviction has been recorded.
Section 10s must be earned
To have the best chance of receiving Section 10, a person must be well prepared.
That means undertaking appropriate courses before sentencing (e.g. a traffic offender program or an anger management course if relevant to the charge), writing honest apology letters without the use of artificial intelligence, and providing character references.
Taking responsibility for the offence is also often a key factor in determining whether a Section 10 will be awarded.
Information accurate as of 1st December 2025. The information above is not legal advice. If you have a legal issue, please get specific legal advice.
