At Chidiac & Associates, we provide experienced criminal defence representation to clients facing Police Pursuit charges throughout Sydney and New South Wales. We carefully examine the circumstances of the pursuit, the conduct of the driver and the evidence relied upon by police.

What is Police Pursuit?

The offence is contained in section 51B of the Crimes Act 1900 (NSW).

A person commits a Police Pursuit offence where they:

1. know, ought reasonably to know or have reasonable grounds to suspect that police are pursuing their vehicle and that they are required to stop;
2. fail to stop; and
3. subsequently drive the vehicle recklessly or at a speed or in a manner dangerous to others.

Importantly, the Prosecution must establish all of these elements. Simply failing to stop for police does not, by itself, establish an offence under s 51B.

Elements of a Police Pursuit Offence

To establish a Police Pursuit offence, the Prosecution must prove the relevant elements beyond reasonable doubt.

1. Police Were Pursuing the Vehicle

The Prosecution must establish that police officers were pursuing the vehicle and that the driver was required to stop.

The Prosecution does not necessarily need to establish that the driver actually knew police were pursuing them. The legislation also applies where the driver ought reasonably to have known or had reasonable grounds to suspect that police were pursuing the vehicle and requiring it to stop.

2. The Driver Failed to Stop

The Prosecution must establish that the driver did not stop the vehicle as required.

The circumstances surrounding the alleged failure to stop may be important, including whether police signals were clearly communicated and whether the driver understood that they were required to stop.

3. The Driver Subsequently Drove Recklessly or Dangerously

The Prosecution must establish that, after failing to stop, the driver:

• drove recklessly; or
• drove at a speed dangerous to others; or
• drove in a manner dangerous to others.

This is a critical part of the offence. The Prosecution must establish the required manner of driving in addition to the failure to stop.

What Are the Penalties for Police Pursuit?

Under section 51B of the Crimes Act 1900 (NSW):

First offence

Maximum penalty: 3 years' imprisonment

Second or subsequent offence

Maximum penalty: 5 years' imprisonment

Penalties at a Glance

These are maximum penalties, not automatic sentences.

What Can Amount to a Police Pursuit?

A Police Pursuit charge may arise following allegations that a driver:

• failed to stop when directed by police;
• accelerated away from a police vehicle;
• drove at excessive speed while being pursued;
• drove through intersections or traffic lights while attempting to evade police;
• drove dangerously through residential or built-up areas;
• drove recklessly while attempting to escape; or
• continued driving despite police signals requiring the vehicle to stop.

The circumstances of each alleged pursuit must be carefully examined.

Can I Defend a Police Pursuit Charge?

Being charged with Police Pursuit does not mean that you are guilty. The Prosecution bears the burden of proving every element of the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the driver did not know, and could not reasonably have known, that police were pursuing the vehicle;
• there were no reasonable grounds for the driver to suspect they were required to stop;
• the driver did not intentionally fail to stop;
• the vehicle was not driven recklessly;
• the vehicle was not driven at a dangerous speed;
• the vehicle was not driven in a manner dangerous to others;
• police evidence concerning the pursuit is inconsistent;
• the driver was incorrectly identified; or
• CCTV, dashcam or other evidence contradicts the Prosecution case.

The appropriate defence will depend upon the particular evidence and circumstances.

Evidence in Police Pursuit Cases

Police Pursuit Prosecutions may involve substantial evidence, including:

• police vehicle dashcam footage;
• body-worn camera footage;
• CCTV;
• police radio communications;
• GPS and vehicle tracking data;
• speed measurements;
• photographs;
• witness statements;
• vehicle registration information; and
• statements made by the accused.

At Chidiac & Associates, we carefully examine the available evidence and the sequence of events leading up to and during the alleged pursuit.

Other Charges Following a Police Pursuit

A Police Pursuit allegation may arise alongside other criminal or traffic charges, depending upon the circumstances.

For example, the Prosecution may allege:

• dangerous driving;
• speeding;
• driving while disqualified;
• driving while unlicensed;
• drink driving or drug driving;
• negligent driving; or
• other offences arising from the manner of driving.

Each charge must be considered separately and the Prosecution must establish the relevant elements of each offence.

Sentencing for Police Pursuit

Where a person is convicted, the court may consider:

• the length and circumstances of the pursuit;
• the speed involved;
• the location and traffic conditions;
• the manner of driving;
• the level of risk posed to other road users;
• whether there was a collision;
• whether anyone was injured;
• the person's prior criminal and driving history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

The seriousness of the offending will depend heavily upon the circumstances of the particular pursuit.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your Police Pursuit charge;
• detailed analysis of the Prosecution evidence;
• examination of police dashcam and body-worn camera footage;
• analysis of CCTV and other recordings;
• assessment of the alleged speed and manner of driving;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.