What is a Section 10 Conviction?

11 November 2025 in Criminal Law | 5 min read | skip to FAQs

This article discusses the use and implications of section 10 orders. Section 10 orders, known as such due to their inclusion under section 10 (1) of the Crimes (Sentencing Procedure) Act 1999 No 92 (the Act), empower a court after determining that a defendant is guilty of an offence, to not proceed with a conviction. Without a conviction, a defendant will not receive a criminal record despite being found guilty. Given the difficulties caused by having a criminal conviction, obtaining a section 10 order is the most desirable outcome for a criminal proceeding.

Section 10 orders should not be confused with section 10A orders, which do record a conviction following a determination of guilt but impose no other penalty on the defendant.

Types of Section 10 Convictions

Under section 10(1) a court can make any one of the following orders:

1. an order dismissing the relevant charge,
2. an order discharging the defendant under a conditional release order,
3. an order discharging the defendant on the condition that they enter into an agreement to participate in an intervention program and comply with any plan

How does the magistrate decide on a Section 10 Conviction?

The court considers the circumstances of the case and relevant factors under section 10 (3) of the Act:

1. the person’s (defendant) character, prior convictions, age, health and mental condition,
2. the trivial nature of the offence
3. the extenuating circumstances in which the offence was committed
4. any other matter that the court thinks proper to consider.

Circumstances that will make the granting of a section 10 order more likely are those which involve a young defendant or an older one with no criminal record, the existence of a pre-existing mental health condition, the offence being relatively minor, and generally other factors that exist to make the defendant more sympathetic and deserving of leniency.

Does a Plea of Guilty help obtain a Section 10?

Entering a plea of guilty will improve the likelihood of the defendant being granted a section 10 order, due to the demonstration of contrition that suggests less intensive rehabilitation is needed. However, as shown in Matheson v Director of Public Prosecutions (NSW) [2008] NSWSC 550, entering a plea of “not guilty” does not disqualify a defendant from being given a section 10 order when found guilty.

When is a Section 10 Not Appropriate?

Given the leniency of a section 10 order, and the public policy aim of sufficiently deterring the defendant and the community from committing crime, serious offences cannot be dealt with through section 10 orders. In general, only offences finalised in a Local Court can be dealt with through a section 10 order, as noted by, R v Paris (NSW) [2001] NSWCCA 83.

Conditional Release Orders (CRO)

A relatively recent development in section 10 orders has been the inclusion of conditional release orders, otherwise known as CRO, which came into force in 2018 as part of the then Berejiklian Government’s sentencing reform measures. Conditional release orders replaced good behaviour bonds.

Under section 95 (2) of the Act, the maximum term of a conditional release order is 2 years. The standard conditions of a conditional release order are that the offender not commit any offence and that they must appear before the court if called to do so during the term of the order, pursuant to section 98 of the Act.

Additional Requirements that can be attached to a CRO

1. A requirement to participate in a rehabilitation program or receive treatment’
2. A condition to abstain from alcohol and or drugs
3. A prohibition against associating with certain individuals
4. A restriction against frequenting or visiting particular places
5. A supervision condition to be managed by either a community corrections officer or a juvenile justice officer, depending on the offender’s age.

Conditions that cannot be imposed through a CRO

1. Home detention
2. Electronic monitoring
3. Curfews
4. Community service work

Intervention Programs

The intervention program order under section 10(1)(c) is broadly similar to a conditional release order but with the added requirement to comply with an intervention program. Schemes such as a traffic offenders’ program or anger management courses are examples of intervention programs. For further information, see our article on Community Rehabilitation Programs.

Under section 100T, an offender has the right to, after having received an intervention program order, not to participate or continue in the relevant program. However, the court may resentence the offender following this, and the modified sentence may carry a conviction.

Implications of a Section 10 Conviction

The purpose of section 10 orders is to better facilitate the successful rehabilitation of offenders. They are therefore designed to balance restrictions that will keep the offender accountable against enabling the offender to participate as an active member of society, which is often a key part of successful rehabilitation.

Section 10 orders are also far less permanent in their impact on an offender’s life. Unlike most convictions, section 10 orders will disappear from the offender’s public criminal record once the order’s term is complete, meaning that potential employers and most other institutions will not be able to access a record of the order after the term has been completed. However, the courts will remain aware of the offence, and will consider the order in any future sentencing if the offender is found guilty of another offence. It is very unlikely that any offender would be granted two section 10 orders for two subsequent offences.

It is important to comply with the requirements of a section 10 order. Breaching the order can lead to the order being revoked in lieu of resentencing. It is likely that the resentencing will carry a criminal conviction.

How can BSM Sydney Lawyers assist you?

Obtaining a Section 10 requires a thoroughly prepared argument supported by appropriate evidence. This can be a difficult process. The experienced criminal defence lawyers at Brander Smith McKnight Sydney Lawyers have extensive experience in obtaining section 10 orders for our clients, sparing them from prison or other intensive sentences. The expert criminal lawyers at BSM Sydney Lawyers will honestly and frankly advise you of your chances of getting a Section 10 Dismissal. We will collect and prepare  evidence, draft sentencing submissions and succinctly and persuasively present your case. Our lawyers regularly appear in various local courts across New South Wales. We will provide you with the best advice and representation to ensure the highest chance of obtaining a section 10 order. Our senior criminal lawyers offer a free 20-minute consultation to personally assess your situation.

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BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.