Section 17 - Non-conviction Orders


Normally, when you plead guilty to a criminal or traffic offence, the Court imposes a penalty and records a conviction. If the Court records a conviction, you will have a criminal record. In traffic matters this may also include a loss of license. However, if we were able to convince the Court not to convict you (a Section 17 order), there would be no penalty, no loss of licence, and no criminal record. In all criminal and traffic law cases a Court has the discretion not to convict you but to deal with you under the terms of Section 17.

What is a “Section 17”?

The expression “Section 17” refers to Section 17 of the Crimes (Sentencing) Act 2005. This allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. Additionally, there is no loss of driver’s license and no other penalty.

Types of Section 17s

There are two types of Section 17s:

  • Section 17 dismissal – Section 17(2)(a).
  • Conditional dismissal with a good behaviour bond – Section 17(2)(b).

Section 17(2)(a) dismissal

A Section 17 dismissal involves the Court dismissing the offence without any conditions. The matter is completely over as soon as you walk out of the courtroom.

Section 17(2)(b) – conditional dismissal with a good behaviour bond

A Section 17 dismissal involves the Court dismissing the offence without any conditions. The matter is completely over as soon as you walk out of the courtroom.

 

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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