Police Pursuits
Police Pursuit Offences
Engaging in a police pursuit is a serious offence under Section 51B of the Crimes Act 1900 (NSW). Police pursuit charges are treated severely by the courts. A police pursuit offence occurs when you attempt to evade the police in a motor vehicle, creating danger to others in the community.
What the Prosecution Must Prove
The prosecution must prove, beyond reasonable doubt, the following elements:
- You drove a vehicle.
- You knew or should have known that police were in pursuit of your vehicle and that you were required to stop.
- You failed to stop the vehicle when directed by police.
- You drove recklessly or at a speed or in a manner that was dangerous to others.
If the prosecution cannot prove these elements beyond a reasonable doubt, the charge may be successfully defended. Speak to your lawyer for advice on your case’s chances of success.
Penalties for Police Pursuit
The penalties for engaging in a police pursuit depend on whether it is your first or subsequent offence:
First Offence:
- Maximum Penalty: 3 years imprisonment
- Maximum Licence Disqualification: 3 years, which can be reduced to 12 months depending on the court’s discretion.
Second or Subsequent Offence:
- Maximum Penalty: 5 years imprisonment
- Maximum Licence Disqualification: 5 years, with a minimum of 2 years if the court finds it appropriate.
- In the Local Court:
- The maximum penalty is limited to $5,500 fine and/or 2 years imprisonment for a single offence.
Need Legal Help with Police Pursuit Charges?
If you’re facing charges for engaging in a police pursuit, it’s important to get legal advice as soon as possible. IMS Lawyers Australia can assist in defending your case and help you achieve the best possible outcome.
Contact IMS Lawyers Australia today for expert legal representation.
