Section 10 of the Crimes (Sentencing
Procedures) Act for Driving Offences
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.
Back to:
"High Range PCA", a
reading of your blood concentration of 0.15 or above.
"Mid Range PCA", a reading
of your blood concentration between 0.08 and less than 0.15.
"Low Range PCA", a reading
of your blood concentration between 0.05 and less than 0.08.
"Novice Range PCA", a reading of your blood concentration
over 0.0
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