Police Pursuits

What is
Police Pursuit?

In New South Wales, a police pursuit offence—also known as “Skye’s Law”—occurs when a driver knowingly fails to stop for police after being directed to do so and then attempts to evade police by driving recklessly or dangerously. This offence is governed by Section 51B of the Crimes Act 1900 (NSW).

To be found guilty, the prosecution must prove that:

  1. A police officer directed the driver to stop,

  2. The driver knew or ought to have known they were being pursued by police,

  3. The driver did not stop, and

  4. The driver drove recklessly or dangerously to avoid arrest or capture.

This offence is taken very seriously by the courts due to the significant risk it poses to the public, police officers, and the driver themselves.

The Penalties of
Police Pursuit

The penalties for a police pursuit offence in NSW under Section 51B of the Crimes Act 1900 (NSW) are severe, reflecting the high danger these situations pose to the community. Known as “Skye’s Law,” this offence carries both immediate and long-term consequences. The maximum penalty includes:

  • 3 years imprisonment (for a first offence)

  • 5 years imprisonment (for a second or subsequent offence)

In addition to potential imprisonment, a police pursuit offence in NSW carries a range of serious additional penalties. A mandatory disqualification from driving applies, meaning the offender will lose their licence for a specified period. The court may also impose substantial fines, and a criminal conviction will be recorded, which can negatively affect a person’s ability to obtain employment, travel internationally, or hold certain licences. In some circumstances, the offence may also result in vehicle forfeiture or impoundment, especially where the offending behaviour is repeated or particularly dangerous. These penalties reflect the court’s firm stance on deterring reckless attempts to evade police.

Aggravating Factors That May Increase Severity:

  • Excessive speed or prolonged pursuit

  • Causing injury, death, or property damage

  • Pursuit occurred in a school zone or residential area

  • The presence of passengers, particularly minors

  • Driving while disqualified or unlicensed

The Possible
Defence Strategies

Defending a police pursuit charge requires careful analysis of the evidence and the circumstances surrounding the alleged offence. Since the offence under Section 51B of the Crimes Act 1900 (NSW) hinges on the accused’s knowledge and driving behaviour during the pursuit, several defence strategies may be available, depending on the facts of the case. These may include:

Lack of Knowledge of Police Pursuit

The prosecution must prove that the driver knew or ought to have known they were being pursued by police. If the vehicle’s sirens or lights were not activated properly, or visibility or environmental factors made it unclear, the defence may argue there was no deliberate attempt to evade.

No Direction to Stop Was Given

If there is insufficient evidence that police clearly directed the driver to stop (e.g. via lights, sirens, or hand signals), the offence may not be made out.

Driving Was Not Reckless or Dangerous

Even if the driver failed to stop, the Crown must prove the driving was reckless or dangerous. If the manner of driving was relatively controlled or safe, this element may be challenged.

Duress or Necessity

If the driver was forced to flee or felt they had no safe alternative (e.g. escaping serious harm), a defence of duress or necessity may be raised. This requires evidence that the conduct was proportionate and in response to an immediate threat.

Identification Issues

In some cases, especially where the driver fled and was later identified, it may be possible to challenge whether the accused was actually the driver of the vehicle.

Mental Health Defence

  • Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.

  • May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.

Due to the serious nature of police pursuit offences and their potentially life-altering consequences, engaging an experienced criminal defence lawyer is essential. At Sydney Defenders, we bring years of expertise in handling complex traffic and criminal law matters, including serious offences like police pursuit. Our team conducts a thorough analysis of the prosecution’s case, identifies weaknesses in the evidence or procedure, and develops a tailored defence strategy designed to achieve the best possible outcome. We also work closely with our unrivalled network of highly skilled criminal barristers, many of whom have extensive experience successfully defending clients against high-stakes charges in the District and Supreme Courts. With Sydney Defenders by your side, you gain a dedicated legal team committed to protecting your rights and freedom at every stage of the process.