ENGAGING IN A POLICE PURSUIT IN NSW
Whilst it makes good theatre in the movies, engaging in a police pursuit is a criminal offence in NSW that is open to severe repercussions. If you or anyone you know have been accused or charged with a police pursuit offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
THE LAW:
WHAT IS THE OFFENCE OF POLICE PURSUIT IN NSW?
Section 51B of the Crimes Act 1900 (NSW) establishes and criminalises the offence of police pursuit by making it a criminal offence for a driver to know, ought reasonably to know or have reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and not stop the vehicle, and then drive the vehicle recklessly or at a speed or in a manner dangerous to others.
THE ELEMENTS OF A POLICE PURSUIT – WHAT DO THE POLICE NEED TO PROVE?
The prosecution must prove the following elements beyond reasonable doubt for a police pursuit charge:
- You drove a vehicle; and
- You either knew, should have known, or had reasonable grounds to suspect that Police required you to stop; and
- You did not stop driving; and
- 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’.
WHAT IS THE MAXIMUM PUNISHMENT FOR THE OFFENCE OF POLICE PURSUIT IN NSW?
Section 51B of the Crimes Act 1900 (NSW) allows the Court to impose a maximum penalty of imprisonment of 3 years for anyone convicted of the offence of police pursuit for the first time. In the case of an offence on a second or subsequent occasion, the maximum term of imprisonment is increased to 5 years.
WHAT IS THE DISQUALFICATION FOR THE OFFENCE OF POLICE PURSUIT IN NSW?
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.
WHY WAS THE LAW REFORMED TO ESTABLISH POLICE PURSUIT OFFENCE?
Most people have seen footage of police pursuits on the news and on films. It’s one of the most well-known crimes across the world, as people desperately attempt to escape justice. Nevertheless, it is an offence taken very seriously in the NSW judicial system and by the NSW Police.
The offence of police pursuit was established as a specific offence through the introduction of Section 51B into the Crimes Act 1900 (NSW) in response to the death of 19-month-old toddler Skye Sassine, who was killed on 31 December 2009 when her family’s vehicle was hit by a driver trying to evade police, with the driver having been suspected of armed robbery. The driver was subsequently convicted of manslaughter.
The creation of this provision in the Crimes Act 1900 (NSW) which established the police pursuit offence took effect through the passage and assent of the Crimes Amendment (Police Pursuits) Act 2010 (NSW), commonly referred to as Skye’s Law. The law was first used within weeks of its passage, with the period of May 2010 and March 2012 seeing a total of 445 people convicted of police pursuit, with 180 of those convicted imprisoned.
MAN CHARGED AFTER POLICE PURSUIT AND CRASH
A 24-year-old man has been charged with the criminal offence of ‘police pursuit – not stop – drive dangerously’ on 5 March 2025 after an incident in which he is alleged to have fled police from the Ryde Police Area Command who had been patrolling Telopea.
The police had approached the vehicle, which they believed had been stolen from Lane Cove on Friday 21 February 2025. One of the vehicle’s occupants fled on foot, whilst the man who was subsequently charged fled with the vehicle.
A police pursuit was initiated, before being terminated out of a safety concern. A short time later, police were made aware of a crash in Dundas, with the vehicle that was the subject of the police pursuit being located abandoned on the road. Other vehicles were found to have been damaged.
Police were informed that the driver had crashed into a number of vehicles, before fleeing on foot. The alleged offender was later apprehended and taken to Gladesville Police Station. In addition to the charge of police pursuit – not stop – drive dangerously, the man was charged with be carried in conveyance taken without consent of owner, drive motor vehicle while licence suspended, learner not accompanied by driver/police officer/tester, learner driver not display “L” plates as prescribed, and negligent driving.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a police pursuit offence in NSW, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning criminal law specialists have proven results in securing not guilty verdicts and avoiding serious penalties for our clients across NSW who have been charged with police pursuit offences.