Police Pursuit| Sydney’s Best Criminal Lawyers

THE LAW:

Police Pursuits fall under the Crimes Act 1900 (NSW)-Section 51B. It is an offence to drive a motor vehicle negligently, recklessly or at a speed or in a manner that is dangerous to any person in order to escape pursuit by a police officer or to cause a police officer to engage in a pursuit.

WHERE WILL A POLICE PURSUIT CHARGE BE HEARD?

An offence of Police Pursuit is a Table 1 offence, which means it is to be dealt with in the Local Court unless an election is made, it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

WHAT IS SKYES LAW?

In 2010, following the death of 19-month-old Skye Sassine in Sydney, new laws were introduced. Skye died when the vehicle in which she was travelling was hit by a man leading police on a high-speed pursuit. Following this tragic death, there were calls for tougher penalties on people who lead police on dangerous pursuits. These new laws became known as “Skye’s Law”. The New South Wales government thus introduced Skye’s Law which is intended to deter people from attempting to evade police, which can lead to dangerous chases and high-speed police pursuits.

WHAT MUST THE PROSECUTION PROVE?

Since Police Pursuit is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Police Pursuit, the prosecution must prove each of the following matters beyond reasonable doubt:

• The driver knew, ought reasonably to have known or had reasonable grounds to suspect that police officers were in pursuit;
• The driver knew, ought reasonably to have known or had reasonable grounds to suspect that the driver was required to stop the vehicle;
• The driver did not stop the vehicle, and
• The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others.

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.

WHAT ARE YOUR OPTIONS:

When facing a police pursuit charge, you have several options in court. These include:

• Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenge the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and an experienced lawyer will always advise you these factors.
• Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue. Or you may be guilty of a lesser charge and not the charge that police have laid.
• Make a s14 application: There will not be a finding of guilty should a s14 order be made. You will be diverted under the mental health act for a period of 12 months. You will avoid a criminal conviction with this option.

WHY CHOOSE A CRIMINAL LAWYER FROM CRIMINAL LAWYERS GROUP?

With offices in Sydney, Parramatta and Blacktown, our Criminal Lawyers are award-winning criminal lawyers that specialise in police pursuit offences. Whether it’s a traffic infringement or a serious criminal case our lawyers are here to assist in providing you specialised criminal representation.