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Police Pursuit

Police Pursuit is also known as ‘Skye’s Law’ and is an offence under section 51B of the Crime Act 1900

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were driving a vehicle
  2. You knew or ought reasonably have known or suspected that police were in your pursuit and you were required to stop
  3. You did not stop, and
  4. You then drove recklessly, or in a manner or at a speed dangerous to others

You must be found not guilty if the prosecution is unable to prove each of these four ‘elements’

The applicable penalties depend on whether it is your first or subsequent offence

The maximum penalty for a first offence is:

  • 3 years in prison and an ‘automatic’ licence disqualification of 3 years

The disqualification can be reduced to a ‘minimum’ of 12 months

The maximum penalty for a second or more offence is:

  • 5 years in prison and an ‘automatic’ licence disqualification of 5 years

The disqualification can be reduced to a ‘minimum’ of 2 years

If you wish to plead guilty to a driving offence you can increase your likelihood of achieving a lenient outcome by:

  1. Obtaining character references
  2. Writing a letter of apology to the court, and
  3. Completing a traffic offender program

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