Going to Court? Book Your Free First Appointment

Conditional Release Order Without Conviction | Guilty But No Criminal Record

Last updated on
Information on this page was reviewed by a specialist defence lawyer before being published. Click to read more.

Section 19B of the Crimes Act 1914 (Cth) allows a court to release a person without criminal conviction even if he or she is guilty of a Commonwealth Offence.

It is similar to a section 10(1)(a) dismissal in NSW legislation.

In deciding whether to use the section, the court must consider:

  1. The character, criminal record, age, health or mental condition of the person;
  2. The extent to which the offence is ‘trivial’ in nature; and
  3. Any ‘extenuating circumstances’ surrounding the offence.

If the person is eligible, the court can either:

(a) dismiss the charge altogether, or
(b) discharge the person upon condition that he or she enters a ‘recognizance’ (ie a ‘good behaviour bond’) and/or pays ‘reparation or restitution’ (ie money to make up for injury or damage caused).

The most important thing is that there is no criminal conviction.

This means that you can answer ‘no’ if asked by an employer or immigration department whether you have any criminal convictions.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)