Police Pursuits

Best Police Pursuit Lawyers

In 2010 parliament created a new offence for police pursuits – known as ‘Skye’s law’. Section 54B was inserted into the Crimes Act making it an offence to drive recklessly or in a speed or manner dangerous when you know, or ought to know, that the Police are trying to pull you over.

If you have been arrested or charged for a police pursuit you should contact us for expert advice immediately. Astor Legal are led by an accredited specialist in criminal law and we have defended countless police pursuits. We know the law, the cases, and the defences to police pursuits.

Skye’s Law

We understand that being charged with Police pursuit (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.

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

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Police Pursuit?

  The definition of Police Pursuit under Section 51B of the Road Transport Act 2013 (NSW), 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 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.

  How do you beat a Police Pursuit charge?

  You can beat a police pursuit charge by arguing that the prosecution have not proved beyond reasonable doubt that:

  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 defences to police pursuit apply:

  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.

• PLEADING GUILTY

  Our traffic law sentencing guide will provide some general assistance if you are pleading guilty to a traffic charge or infringement. However, you should consult one of our specialist traffic lawyers for specific advice for your case.

  Contact us now to speak to our friendly team.

  Penalties for Police Pursuit in NSW

  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:

  • Section 10 dismissal
  • Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Full Time Imprisonment

  Will you go to jail for police pursuit?

  When analysing Skye’s law 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.

FAQ

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.