As with any offence, even after a finding of guilt a court can still decide not to record a conviction. For information on the sentencing options that do not involve a criminal conviction, click here. However, this sentencing option is not always appropriate or attainable even if an offender has no prior criminal history. This is because a magistrate is required to take into account the following factors when considering sentencing an offender under section 10: - The person’s character, antecedents, age, health and mental condition; - The trivial nature of the offence; - The extenuating circumstances in which the offence was committed; and - Any other matter that the court thinks proper to consider. It is important to note that this list is not exhaustive, and simply ticking each box will not guarantee an offender receives a section 10. For FREE initial advice about your individual matter, contact one of our specialist common assault lawyers.