polIce pursuit

Police Pursuit Offences in New South Wales

In New South Wales (NSW), police pursuit offences refer to situations where a driver attempts to evade law enforcement officers by fleeing from a police pursuit. These offences are treated with utmost seriousness due to the risks posed to public safety during high-speed chases. NSW law enforces strict penalties for individuals who engage in police pursuits, with the Road Transport Act 2013 (NSW) and the Crimes Act 1900 (NSW) serving as the primary legislative framework for regulating such conduct.

Legal Framework

Police pursuit offences are governed primarily by Section 51A of the Crimes Act 1900 (NSW), which outlines the penalties for drivers who engage in police pursuits. Additionally, Section 53 of the Road Transport Act 2013 (NSW) deals with the responsibility of drivers who fail to stop when required by a police officer.

The law is clear in its intention to discourage individuals from fleeing from police, recognizing the significant danger that these pursuits can present to both the driver involved and the public.

Police Pursuit Offence Definition

A police pursuit offence occurs when a driver intentionally refuses to stop when directed to do so by a police officer or when they attempt to evade a police officer by fleeing from the scene. The offence is considered serious due to the risk of injury or death that may result from a high-speed chase or from attempting to avoid capture.

Key elements of a police pursuit offence include:

  • Failing to stop for a police officer: If a driver is instructed to stop by a police officer and refuses to do so, they can be charged with evading police, even if they were not engaged in a high-speed pursuit.

  • Engaging in a police pursuit: A driver who actively flees from police, whether at high speed or through evasive driving tactics, can be charged with engaging in a police pursuit.

It is important to note that the offence can be committed even if the police are not involved in an active high-speed chase. A driver who attempts to avoid police detection or who drives recklessly to escape law enforcement can still face charges under this provision.

Penalties for Police Pursuit Offences

Police pursuit offences are treated as serious matters under NSW law, and the penalties can be severe, particularly where the pursuit causes risk to others or results in injury or death. The Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW) prescribe the following potential penalties:

  • Fines: For a first offence of engaging in a police pursuit, fines can be substantial, with amounts ranging from $2,200 to much higher amounts depending on the circumstances.

  • License Disqualification: The court may impose long-term disqualification from driving, particularly for those who have a history of evading police or if the pursuit posed significant risk to public safety.

  • Imprisonment: In cases where a police pursuit results in serious injury or death, or where there is evidence of a blatant disregard for public safety, the offender may face significant imprisonment sentences. Depending on the severity, a driver convicted of police pursuit could face imprisonment for up to 7 years.

  • Vehicle Forfeiture: In some instances, the court may order the forfeiture of the vehicle involved in the pursuit, particularly where the pursuit was deemed particularly reckless or dangerous.

Aggravating Factors

There are certain aggravating factors that can lead to harsher penalties for individuals involved in police pursuits. These factors may include:

  • Causing injury or death: If the police pursuit results in injury or fatality, the penalties are far more severe, and the driver may face criminal charges related to manslaughter or grievous bodily harm.

  • Driving under the influence: If the driver is found to be under the influence of alcohol or drugs while engaging in the pursuit, this will significantly increase the seriousness of the charge and the penalties.

  • Reckless or dangerous driving: If the driver engages in other dangerous driving behaviours during the pursuit, such as excessive speeding, running red lights, or driving on the wrong side of the road, the penalties will likely be more severe.

Police Pursuit and the Role of Law Enforcement

Under NSW law, police officers are permitted to initiate a pursuit if they have a reasonable belief that a person has committed or is about to commit a serious offence. However, the pursuit must be conducted in a manner that takes into account the safety of the public. Officers are required to assess the risk of the pursuit, and if it is deemed too dangerous, they may call off the chase in accordance with police guidelines.

In addition, NSW police are also required to follow strict protocols when engaging in police pursuits, including the use of technology such as helicopter surveillance and roadblocks to minimise risk and prevent unnecessary danger to the public.

Defences and Mitigation in Police Pursuit Cases

If you are charged with a police pursuit offence, there may be defences or mitigating factors that could be raised in your case. Some potential defences include:

  • Lack of Knowledge: The driver may argue that they did not see or hear the police request to stop, which could be raised as a defence if it can be demonstrated that the police signals or warnings were not clear or visible.

  • Necessity or Emergency: In certain situations, a driver may claim that they were attempting to flee because of an immediate threat or emergency, such as being pursued by another individual or facing a dangerous situation.

  • Inaccuracy in Evidence: The defence may argue that the police pursuit was not properly initiated or that the evidence does not support the claim that the driver was attempting to flee.

  • Mitigating Circumstances: If the driver has no prior criminal record or there are extenuating circumstances, the court may consider these as factors when determining penalties.

Conclusion

Police pursuit offences in NSW are serious, and engaging in a pursuit or evading police is a criminal offence that can result in significant legal consequences. The Road Transport Act 2013 (NSW) and Crimes Act 1900 (NSW) impose strict penalties for individuals who attempt to flee from law enforcement or engage in dangerous driving during a pursuit.

If you are facing charges related to police pursuits, it is crucial to seek legal advice from an experienced criminal lawyer. A lawyer can help you understand the charges, challenge any evidence that may be improperly presented, and assist in mitigating the penalties you may face.

References

  • Crimes Act 1900 (NSW) – Section 51A (offence of police pursuit).

  • Road Transport Act 2013 (NSW) – Section 53 (failure to stop for police).

  • Criminal Procedure Act 1986 (NSW) – Sections 5-6 (court procedures for police pursuit offences).