With “Skye’s Law” being introduced, making it a criminal offence to fail to stop following a direction from Police, then driving in a reckless or dangerous speed, Police regularly lay these charges.
Plead not guilty
The offence of police pursuits in NSW falls under s.51B of the Crimes Act 1900.
In order to be convicted of police pursuit, the police must prove beyond a reasonable doubt that:
- You knew or ought to reasonably have known that the police are in pursuit of your vehicle and you are required to stop;
- You do not stop;
- You drive the vehicle recklessly at a dangerous speed
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
What is the penalty for police pursuits?
The offence of police pursuit carries a maximum penalty of 2 years imprisonment in the Local Court. If the matter is heard in the District Court then the maximum penalty is 3 years imprisonment in the case of a first offence and 5 years imprisonment in the case of second or subsequent occasion.
The automatic disqualification period for an offence of police pursuit is 3 years. The minimum period of disqualification is 12 months.
If it is your first offence, it is likely you will receive the minimum period of disqualification and a section 9 good behaviour bond.
Generally, penalties that a court can impose for any criminal offence in NSW are: