What is a Section 10? (Part 3)

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What is a Section 10? (Part 3)

So that’s the ‘What’. Let’s now go through the ‘Why’.

What the court will want to know is why the offence was committed. Now you need to have a think about what it is that led you to the behaviour that constituted the commission of whatever the offence is.

Was the underlying problem alcohol? Was the underlying problem drugs? Was it anger? Was it something else? We want to know not only what you did but why is it that you did it. So it’s very important that if you are struggling with some kind of mental health problem that has led you to behave in the way that you have, let the court know about it, and it have an expert to confirm.

Now thirdly, the ‘How’. That is how will you satisfy the court that what has happened will not happen again in the future?

It’s very important if you are asking the court to give you a Section 10 to not record a conviction again against you, that you do everything you possibly can to satisfy the court that yes, I have made a mistake, it was a one off mistake. I’ve now addressed the problems that led to it and therefore the court can have some confidence that it’s not going to happen again.

Again, it all depends on the particular circumstances offence but it’s a very important aspect of any application for a Section 10 as I’ve said that you give the court comfort that you have changed and there will not be repetition of the behaviour.

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