Police Pursuits – Skye’s Law

Police Pursuit Lawyers

Out police pursuit lawyers understand that being charged with Skye’s law can be distressing. You will be at risk of a criminal record, losing your licence for a lengthy period of time and it could affect your job and ability to travel overseas.

Our team of specialist traffic lawyers for police pursuit charges have years of experience in having our clients found ‘not guilty’ and getting Police to withdraw charges. We also have a proven track record of our clients avoiding jail sentences when they plead guilty.

Our clients benefit from several advantages being represented by us, including:

• Our team is led by a Law Society accredited specialist in criminal & traffic law, placing us in the top 6% of Australian lawyers;
• Our numerous legal industry awards & accolades can be seen on our ‘About Us’ page;
• An unmatched record of getting drink driving charges dropped, dismissed or having no conviction recorded. This includes being one of the only firms to achieve a Section 10 for High Range Drink Driving in 2023;
• Over 150 genuine client reviews.

Contact us now to speak to our accredited specialist traffic lawyer today.

What is Police Pursuit?

A police pursuit is where the driver of a vehicle had reasonable grounds to suspect that Police required them to stop and they continued driving in a reckless or dangerous manner. This definition is contained in Section 51B of the Road Transport Act 2013 (NSW).

This is a Table 1 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless you or the prosecution elect to deal with it in the District Court.

Elements of police pursuit

The prosecution must prove the following elements beyond reasonable doubt for a police pursuit charge:

1. You drove a vehicle; and
2. You either knew, should have known, or had reasonable grounds to suspect that Police required you to stop; and
3. You did not stop driving; and
4. Your driving was reckless or at a speed or manner dangerous to others.

If any of these elements are not made out, then you can be found ‘not guilty’.

Defences to Police Pursuit

The following are defences to police pursuit:

1. Honest and reasonable mistake: You were not aware police were in pursuit of you, and it was reasonable for you not to have been aware. An example may be if police are so far behind you that you could not see them or hear their sirens.
2. Identification: Police cannot prove that you were driving the vehicle
3. Your driving did not cause any real or potential danger to others and you weren’t speeding excessively

4. Duress: That you were forced to commit the offence
5. Necessity: your actions were necessary in the circumstances

Contact us now to speak to an experienced criminal defence lawyer. We will be able to advise you whether any defences are open to you and can begin preparing your case.

Penalties for Police Pursuit

The maximum penalty for police pursuit is 3 years imprisonment for a first offence or 5 years imprisonment if you have previously been convicted of a major offence.

The automatic licence disqualification for police pursuit (first offence) is 3 years and 5 years for a second or subsequent offence.

The minimum licence disqualification for police pursuit is 12 months for a first offence and 2 years for a second or subsequent offence.

As you can see, these charges are extremely serious. They carry hefty gaol sentences as well as lengthy licence disqualifications.

Contact us now to discuss your case with a specialist police pursuit solicitor.

Sentencing for Police Pursuit

In sentencing for police pursuit, you can receive:

1. Section 10 dismissal
2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
3. Fine
4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
5. Community Corrections Order (previously known as Community Service Order)
6. Intensive Corrections Order (ICO)
7. Full Time Imprisonment

Will I go to jail for police pursuit?

When analysing police pursuit statistics since 2018, it is unsurprising to see that 56% of persons found guilty of this offence were sentenced to some form of jail. 8% of offenders were sentenced to full-time imprisonment. All other offenders received criminal convictions.

Plainly, a conviction and jail are both very likely for this offence. As such, you should speak to Australia’s best police pursuit lawyers.

Frequently Asked Questions

What is Skye’s law?

Skye’s law is the informal name for the charge of Police pursuit. It is named after 19 month old toddler Skye Sassine, who was killed when her family’s car was hit by a driver who was attempting to escape police.

This offence came into effect when the Skye’s law bill (Crimes Amendment (Police Pursuits) Act 2010 ) was passed.