Section 10 Crimes Act
Section 10 provides a Magistrate special powers to deal with a defendant depending on the circumstances of the offence and the particular circumstances of the offender including his previous criminal record and driving record.
When an offender comes before a Magistrate, an application is made to the Magistrate to deal with the matter under Section 10, and if the Magistrate accepts the application then the Magistrate will not convict the offender for the offence although the charge is proved or the offender pleads guilty. When no conviction is recorded then no disqualification of the licence will be Ordered by the Magistrate.
Obtaining a Section 10 is not a straighforward application and Magistrate will rarely grant such an application in PCA offences. For high and mid range PCA offences, it is rarely if ever granted. In low range PCA offences it has good chances of success if the offender has an excellent driving record, and depending on the circumstances of the offence and the personal circumstances of the offender.
This is why it is more important for an offender to seek the advice of a lawyer for the least serious offence of PCA as there may be a good case to present to the Magistrate to deal with the matter under Section 10 and avoid a conviction and a disqualification period.
