Police Pursuit Lawyers

Police pursuit matters are serious and often end in drivers being disqualified from driving for lengthy periods and can result in terms of imprisonment. The legislation in this area is nuanced and requires an experienced criminal lawyer to ensure the best result. 

Police pursuits were criminalised under “Skye’s law” following the death of 19-month toddler Skye Sassin when her family’s car was hit by a driver fleeing Police. 

If convicted for a first offence, offenders will receive between 1 to 3 years off of the road, and can receive a maximum sentence of 3 years imprisonment. 

If convicted for a second offence, offenders will receive between 2 and 5 years off of the road, and can receive a maximum sentence of 5 years imprisonment. 

What is a Police Pursuit?

The offence of ‘police pursuit’ is particularised under s51B of the Crimes Act 1900. In order to convict a person the Police need to prove the following beyond reasonable doubt:  

The driver of a vehicle—

(a)  who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and

(b)  who does not stop the vehicle, and

(c)  who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,

is guilty of an offence.

What defences are there to a Police Pursuit? 

It is a defence to the charge of Police Pursuit that: 

1. You were not the driver; 
2. That you were not driving recklessly, at speed, or in a manner dangerous; 
3. You stopped the vehicle immediately after becoming aware that you were in a police pursuit; 
4. You did not know and could not reasonably know you were in a police pursuit; and 
5. You did not know and could not reasonably know you were required to stop. 

If you have been charged with a police pursuit, please do not hesitate to reach out and contact us at (02) 8080 7585 to discuss the matter with an experienced criminal lawyer. 

We also provide expert legal representation across a broad range of matters, including other criminal matters and:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches);
• property matters;
• defamation proceedings; and
• all types of commercial matters