Police Pursuit
If you are the driver of a vehicle and ought to reasonably know that police are in pursuit of the vehicle you are driving and you do not stop the vehicle and continue to drive recklessly then you may be charged with Police Pursuit. The offence of Police Pursuit is also known as Skye’s Law, as this law was introduced after the toddler Skye Sassine was killed when a driver attempting to escape police crashed into her parent’s car. Section 51B of the Crimes Act 1900 states that the driver of a vehicle who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and who does not stop the vehicle, and who then drives the vehicle recklessly or at a speed or in a manner dangerous to others, is guilty of an offence.
In order to be found guilty of Police Pursuit the prosecution must prove beyond reasonable doubt that you:
*Knew or ought to reasonably have known that the police are in pursuit of your vehicle and you are required to stop;
*Did not stop.
*Drove the vehicle recklessly at a dangerous speed.
If any of these elements cannot be proven beyond reasonable doubt, then you will be found not guilty.
What are my options?
You may choose to plead guilty or not guilty.
Pleading Guilty
If you accept and agree with the charge Police Pursuit , then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself.
It is common for experienced solicitors to try and negotiate the facts that the magistrate/judge will read when sentencing you. The facts the magistrate/judge reads will give them an understanding of what sentence you should receive.
Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.
The penalty for Police Pursuit
The offence of Police Pursuit carries a maximum penalty of 2 years imprisonment in the Local Court. If the matter is dealt with in the District Court, then the maximum penalty is 3 years imprisonment in the case of a first offence and 5 years imprisonment in the case of second or subsequent occasion. An automatic disqualification period of 3 years applies. The Court may reduce the disqualification to the minimum period of 12 months if satisfied.
If you are facing charges of Police Pursuit call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.
Pleading Not Guilty
If you disagree with the charge Police Pursuit, then you may enter a plea of not guilty. If the prosecution cannot prove beyond reasonable doubt that you (the driver) knew, ought reasonably to have known or has reasonable grounds to suspect that police officers were in pursuit; did not stop the vehicle, and drove the vehicle recklessly or at a speed or in a manner dangerous to others, then you will be found not guilty of the offence. If you are unsure about whether the prosecution will be able to prove the above elements beyond a reasonable doubt, you should consider the possibility of pleading not guilty.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you knew or ought to reasonably have known that the police are in pursuit of your vehicle and you you were required to stop; did not stop; and drove the vehicle recklessly at a dangerous speed. If the prosecution fails to prove these elements, then you will be found not guilty.
Penalties you may receive on Sentence
Section 10 – No conviction recorded, Fine, Conditional Release Order, Community Service Order, Intensive Correction Order, Prison Sentence.