With the new sentencing laws commencing on 24 September 2018, one of the most significant concerns for clients is whether a court can still proceed without conviction, or what used to be referred to as “section 10”.
The short answer is yes, but the way it can proceeds is very different.
A court can now deal with someone without conviction in two main ways. Firstly, and what is likely to be the most common way, under a Community Release Order without conviction (section 9), or under section 10(1)(a) which involves an immediate dismissal. For more detail, read our page on NO CONVICTION ORDERS.