Section 10 allows an exemption within court proceedings and provides authority for the court to record a non-conviction despite determining a guilty verdict. This means that a criminal offence can be proven beyond a reasonable doubt but it will not be recorded against the individual’s criminal record.

Section 10 is purely discretionary however and there are clear identifying factors that need to be shown before the court will consider applying it. These factors include not only the nature of the offence but whether the defendant has genuine remorse for their actions, along with the person’s character, etc.

There are three different types of section 10 orders that can be applied if the situation warrants, a dismissal of the charges, an order discharging the individual under a conditional release order or a discharge with a requirement to attend an intervention program.

Dismissal Of Charges

One of the options the court has under section 10 is to dismiss the charges and record a non-conviction. A simple dismissal of charges will not include any conditions. This order is only made if the court considers that the offending is of such a trivial nature that it warrants leniency.

This may apply to driving offences, low-level possession of drug charges, etc. Certain offences such as assault or grievous bodily harm for example are not subject to release orders due to the nature of the offending.

Conditional Release Orders

The court is able to make a conditional release order which allows an individual an alternative to a term of imprisonment. If the court thinks proper then this option can be used in circumstances involving extenuating circumstances. This type of order is utilized for less serious criminal and traffic offences and can apply to those with a limited criminal history.

A conditional release order was introduced to replace the previous measure of a good behaviour bond. This order can be imposed with or without a conviction. It is a courtesy the court extends as a nominal punishment.

The conditions that can be imposed by the court include rehabilitation for drugs, alcohol, mental conditions, etc. An intervention plan is imposed by the court, depending on the nature of the offence, to try and rehabilitate instead of punish. If rehabilitation is successful then logically no further offences will be committed.

One of the most challenging considerations for a court is what stance to take in relation to an alleged mental condition. An individual suffering from a diagnosed mental condition can fall anywhere on the scale ranging from severe to mild but rehabilitation may not prevent the offending.

Drug and alcohol use are somewhat different in that it can be easier to rehabilitate from the use and there are clear markers that indicate whether rehabilitation is successful. Those same markers do not apply to mental health. There is also an inherent difficulty with medical professionals agreeing to a diagnosis as many people will present with symptoms that fit different conditions.

Just because there is a reason for rehabilitation to be looked at over a harsher sentence does not mean it will be.

Intervention Programs

An intervention or rehabilitation program is used as a rehabilitative means of reducing criminal and drug behaviour. If the court imposes this type of order it is because they consider a better outcome will result from such an order. This is a lenient outcome for matters involving a prohibited drug or alcohol.

The individual can be required to attend a drug or alcohol rehabilitation program. The offender’s mental condition may also be of relevance and rehabilitation may be required. The specific circumstances of the offending are relevant to the conditions.

No matter the order imposed, the relevance of section 10 is that it provides a lenient sentence to those deemed deserving of a second chance, whether that be traffic matters, drug matters, etc. A section 10 order is able to protect both current and future employment as well as other activities, and family opportunities.