Police Pursuit Offences

Police pursuits are taken extremely seriously because of the high risk they pose to other road users, police officers and the community. Evading police at speed often results in accidents, serious injuries and, tragically, fatalities — which is why this area of traffic law is enforced so rigorously.

What Is a Police Pursuit Offence?

Under section 51B of the Crimes Act 1900 (NSW), a police pursuit offence occurs where a driver:

• Is driving a motor vehicle, and
  

• Knows or ought reasonably to have known that police are in pursuit and that they are required to stop, and
  

• Fails to stop the vehicle, and
  

• Then drives in a reckless, dangerous or high-speed manner in an attempt to evade police. 
  

It is not enough for police to simply be chasing a vehicle; the prosecution must prove all elements beyond reasonable doubt for a conviction. Defence strategies often focus on whether the driver genuinely knew or ought reasonably to have known police were pursuing them. 

Penalties and Consequences

Police pursuit offences are among the most serious driving-related offences in NSW and carry substantial penalties that reflect the high level of community risk involved. 

Maximum Penalties Include:

• Imprisonment – Up to 3 years for a first offence; up to 5 years for a second or subsequent offence. 
  

• Licence Disqualification – Typically an automatic disqualification period applies (commonly a minimum of 12 months for first offences and 2 years for subsequent offences), with potential for higher disqualification periods. 
  

• Criminal Record – A conviction remains on your record and may impact employment, travel and other aspects of your life. 
  

The court also may impose additional orders such as fines or community-based sentences depending on the circumstances of the case. 

Why You Need Legal Representation

Because police pursuit offences involve criminal penalties and can profoundly affect your licence and future, early and expert legal advice is crucial. At ADADA Legal, we can:

• Analyse the prosecution’s case and identify weaknesses in the evidence
  

• Advise whether the police pursuit elements have been proven
  

• Explore legal defences such as lack of awareness of police pursuit, mistaken identity, necessity or duress
  

• Represent you in court to pursue reduced penalties or alternative outcomes
  

• Advocate for non-conviction outcomes when appropriate
  

Our goal is not only to defend your legal rights, but to minimise the impact on your driving privileges, employment prospects and personal life.

Police Pursuit Frequently Asked Questions

What does “Skye’s Law” mean?

“Skye’s Law” is the commonly used name for section 51B of the Crimes Act 1900 (NSW), the legislation that creates the police pursuit offence. It was introduced after a tragic case where a young child was killed during a high-speed chase, leading to tougher penalties for drivers who evade police.

Do I have to stop if police signal me?

Yes — if a police officer signals you to stop, failing to do so and then driving at dangerous speed or recklessly can lead to a police pursuit charge if the other legal elements are also met.

Is police pursuit the same as hooning?

Police pursuit is a specific criminal offence under the Crimes Act. “Hooning” is a broader category of dangerous driving offences under other legislation. Police pursuit charges are generally more serious. 

Can a police pursuit charge be defended?

Yes. Key defences can include that you did not know or could not reasonably have known police were pursuing you, that you were not driving dangerously, or that there was mistaken identity. Your lawyer can explain which defences may apply to your case. 

What happens if I’m convicted?

Conviction of a police pursuit offence usually results in a criminal record, long-term licence disqualification and possible imprisonment. The severity depends on factors like prior offences and the circumstances of the chase.