Police Pursuit Lawyers Sydney
Mount the strongest possible defence to a police pursuit charge. We are experts in fighting to avoid a criminal conviction, lengthy licence disqualification, and even imprisonment.
- Expert Police Pursuit Defence
- Fight Licence Disqualification
- Avoid a Criminal Record
- Clear Legal Advice & Strategy
Lawyers Available 24/7
1st Legal Strategy Session
FREE
Expert Defence for Police Pursuit Charges in NSW
Being charged with a police pursuit offence, also known as Skye’s Law, is a serious criminal offence that can lead to imprisonment, a lengthy licence disqualification, and a permanent criminal record, putting your job and future at risk.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers are dedicated to achieving the best possible outcome, whether that’s having the charge withdrawn, downgraded, or persuading the Local Court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all matters related to this offence, including:
- Negotiating to Downgrade the Charge
- Avoiding a Criminal Record
- Defences to a Police Pursuit Charge
- Pleading Guilty & Seeking Leniency
- Avoiding a Licence Suspension & Disqualification
- Avoiding a Conviction
What is a Police Pursuit Offence in NSW?
A police pursuit charge, known in NSW as Skye’s Law, is a serious criminal offence. It is defined under section 51B of the Crimes Act 1900 (NSW) and occurs when a driver knows, or ought reasonably to know, that police officers are in pursuit and that they are required to stop the vehicle, but fails to do so.
Crucially, the offence is not just about failing to stop. The prosecution must also prove beyond a reasonable doubt that after you failed to stop, you subsequently drove in a manner that was reckless or dangerous to others. This could include driving at an excessive speed or swerving through traffic in a way that endangers the public.
This law was introduced after a tragic death and is treated with extreme seriousness by the Local Court and District Court. A conviction for this criminal offence carries severe maximum penalties, including a lengthy licence disqualification and potential imprisonment, making a strategic criminal defence essential.
Penalties for a Police Pursuit Offence in NSW
Understanding the potential penalties for a police pursuit offence in NSW is critical. The consequences for this criminal offence are severe and designed to deter drivers from engaging in dangerous conduct to evade police. The penalties escalate significantly if you have been convicted of another major traffic offence within the previous five years.
A conviction for a police pursuit will result in a criminal record, which can impact your employment and future. Our expert criminal lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties for a First Offence of Police Pursuit
If this is your first major traffic offence within a five-year period, the Local Court can impose the following maximum penalties:
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 3 Years Imprisonment | 3 Years | 12 Months |
Penalties for a Second or Subsequent Offence
The penalties are far more severe for a second or subsequent offence. You are considered a subsequent offender if you have been convicted of another major offence (such as drink driving or dangerous driving) in the preceding five years.
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 5 Years Imprisonment | 5 Years | 2 Years |
It is Possible to Avoid Imprisonment & Licence Disqualification
What the Police Must Prove for a Police Pursuit Offence
For you to be found guilty of a police pursuit offence, the prosecution carries the entire burden of proof. They must prove every element of the charge beyond a reasonable doubt. This is a high standard, and a failure to prove even one element means you will be found not guilty.
Our expert criminal lawyers will meticulously analyse the evidence to ensure the prosecution can prove each of the following four points:
- You were the driver of the vehicle.
- You knew, ought to have known, or had reasonable grounds to suspect that police officers were in pursuit and required you to stop the vehicle.
- You did not stop the vehicle.
- You subsequently drove the vehicle recklessly or at a speed or in a manner that was dangerous to others.
A detailed examination of the evidence by an experienced traffic lawyer is crucial to challenging the prosecution’s case.
Pleading ‘Not Guilty’ to a Police Pursuit Charge
If you believe you are not guilty of the offence, you have the right to fight the charge in court. Pleading not guilty means the prosecution must present their evidence and prove every element of the police pursuit offence beyond a reasonable doubt.
Mounting a successful defence requires a strategic approach. Our criminal defence lawyers will rigorously examine all evidence, including police statements, body-cam footage, and the circumstances of the pursuit.
We identify weaknesses in the prosecution’s case and build a powerful argument to have the charge dismissed. If there are flaws in the evidence or a valid defence is available, we will fight to have the charge withdrawn or secure a ‘not guilty’ verdict in the Local Court.
Pleading ‘Guilty’ to a Police Pursuit Charge
In some circumstances, pleading guilty to a police pursuit charge is the most strategic option. An early guilty plea can entitle you to a discount of up to 25% on your sentence, demonstrating remorse to the court.
However, pleading guilty does not mean you should accept the worst-case scenario. The role of your lawyer is critical. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we can negotiate with the prosecution to amend the police ‘facts sheet’ to present your actions in a more favourable light. This can significantly influence the penalty you receive.
Our primary goal when pleading guilty is to persuade the court to grant a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. Achieving this outcome means you avoid a criminal record and licence disqualification, allowing you to move forward without the long-term consequences of a criminal conviction.
Strategic Defences to a Police Pursuit Charge
Even if the police evidence seems strong, there are several legal defences that may lead to the charge being dismissed. A specialist traffic lawyer can assess your case and determine the most effective strategy. Potential defences include:
- Honest and Reasonable Mistake:Â You held an honest and reasonable belief that you were not being pursued by police. For example, if the police vehicle was unmarked, a long distance away, or did not have its lights and sirens activated, it may have been reasonable for you not to realise you were required to stop.
- Driving Manner:Â Challenging the assertion that your driving was reckless or dangerous to others. The prosecution must prove that your driving created a real or potential danger, not just that you failed to stop.
- Duress:Â You were forced to commit the offence due to threats or coercion from another person.
- Necessity:Â Your actions were necessary to prevent a more serious injury or danger, such as in a medical emergency.
- Identification:Â The prosecution cannot prove beyond a reasonable doubt that you were the person driving the vehicle at the time of the offence.
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
Upfront, Fixed-Fee Representation
1st Legal Strategy Session
FREE
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a track record of successfully defending clients charged with police pursuit. We are one of the only firms to have secured a Section 10 dismissal for this offence, helping our client avoid a criminal conviction, licence disqualification, and imprisonment.
EXPERT POLICE PURSUIT LAWYERS
Our senior lawyers have over 40 years of combined experience, focusing exclusively on criminal and traffic law. This gives us a significant advantage in building the strongest possible defense for a police pursuit offence under the Crimes Act 1900 (NSW).
Free Strategy Session & 24/7 Help
A police pursuit charge is a serious criminal offence with life-altering consequences. We offer a free, urgent Strategy Session to assess your case and outline your options. Our team is available 24/7 because immediate legal advice is crucial when your liberty is at stake.
Penalty Reduction Achieved
Client Satisfaction Rate
Our Lawyers
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
FAQs
What is a police pursuit offence?
A police pursuit offence, also known as Skye’s Law, is a serious criminal offence under section 51B of the Crimes Act 1900 (NSW). It occurs when a driver knows, or reasonably should know, that police are in pursuit and require them to stop, but they fail to do so and then continue to drive recklessly or in a manner dangerous to others.
Why is it called skye's law?
The offence is commonly known as Skye’s Law, named after 19-month-old Skye Sassine, who was tragically killed in 2009 when her family’s car was hit by a driver attempting to evade police in a high-speed chase. The law was introduced to create a specific offence for this dangerous conduct.
What are the maximum penalties for a police pursuit offence?
For a first offence, the maximum penalty is 3 years imprisonment. For a second or subsequent major offence within five years, the maximum penalty increases significantly to 5 years imprisonment.
Will I definitely go to jail if convicted of police pursuit?
While not guaranteed, imprisonment is a very likely outcome. Statistics show that over 50% of offenders convicted of a police pursuit charge receive a sentence of some form, which can range from an Intensive Corrections Order (served in the community) to full-time imprisonment.
Will I lose my licence for a police pursuit offence?
Yes, a conviction for a police pursuit offence results in a mandatory licence disqualification. The only way to avoid disqualification is for the court to deal with your case by way of a non-conviction order, such as a Section 10 dismissal.
How long will my licence be disqualified for?
For a first offence, the automatic disqualification period is 3 years, which can be reduced to a minimum of 12 months. For a second or subsequent offence, the automatic period is 5 years, which can be reduced to a minimum of 2 years.
What does the prosecution have to prove in court?
The prosecution must prove four essential elements beyond a reasonable doubt: that you were the driver, that you knew (or ought to have known) police required you to stop, that you did not stop, and that you subsequently drove in a reckless or dangerous manner.
What are the potential defences to a police pursuit charge?
There are several legal defences our criminal lawyers can explore, including honest and reasonable mistake (you didn’t know police were pursuing you), duress (you were forced to drive), necessity (you were responding to an emergency), or challenging the prosecution’s ability to prove you were the driver or that your driving was dangerous.
What if I didn’t know the police were trying to stop me?
This can form the basis of an honest and reasonable mistake defence. If, for example, the police vehicle was unmarked or too far away for you to see or hear its lights and sirens, it may have been reasonable for you not to know you were required to stop.
What if my driving wasn't actually dangerous?
This is a key element the prosecution must prove. If we can raise evidence showing your driving was not reckless or dangerous to others, you cannot be found guilty of the police pursuit offence, even if you failed to stop.
What is the difference between a first and subsequent offence?
A second or subsequent offence is one that occurs within five years of a conviction for a previous “major offence.” This includes prior convictions for police pursuit, drink driving, or dangerous driving, and it triggers significantly higher maximum penalties.
Can a police pursuit charge be downgraded?
Yes, an experienced traffic lawyer can often negotiate with the prosecution to have the police pursuit charge withdrawn and replaced with a less serious offence, such as ‘reckless driving’ or ‘speed by over 45km/h’, which carry less severe penalties.
Is it possible to avoid a criminal record for a police pursuit offence?
Yes, but it is challenging. The best way to avoid a criminal record is to have the charge dismissed. Alternatively, if you plead guilty, our lawyers can make persuasive submissions for a non-conviction order like a Section 10 dismissal or a Conditional Release Order.
What is a section 10 dismissal?
A Section 10 dismissal is a court order where you are found guilty of the offence, but the magistrate chooses not to record a criminal conviction. This means you avoid a criminal record and the mandatory licence disqualification.
Should I plead guilty or not guilty to a police pursuit charge?
You should never plead guilty without first seeking advice from an expert traffic lawyer. We can assess the strength of the police evidence, identify potential defences, and advise you on the best course of action to protect your rights and achieve the best possible outcome.
What happens if I plead guilty?
Pleading guilty at the earliest opportunity can result in a sentence discount of up to 25%. Our role is then to prepare a persuasive case for leniency, negotiating the police facts and presenting evidence of your good character to convince the court to impose the minimum possible penalty.
How can a criminal lawyer help me with a police pursuit charge?
An expert criminal lawyer can analyse the evidence for weaknesses, identify legal defences, negotiate with the prosecution to have the charge dropped or downgraded, and represent you in court to fight for the best possible outcome, whether that is a ‘not guilty’ verdict or a lenient sentence without a conviction.
Where will my police pursuit case be heard?
A police pursuit offence is a Table 1 offence, which means it will typically be finalised in the Local Court unless you or the prosecution elect for it to be heard in the District Court.
Can the police confiscate my car or number plates?
Yes. For a police pursuit offence, NSW Police have the power to confiscate your number plates or impound your vehicle for a period of 3 months. It is a further offence to drive the vehicle while the plates are confiscated.
What is the first step I should take if I'm charged?
Contact an experienced traffic lawyer immediately. A charge of police pursuit is a serious criminal offence with severe consequences. Taking prompt action to get expert legal advice is the most important step you can take to protect your licence, your job, and your future.
Latest Articles & Guides
Services:
Copyright © 2025 Sydney Criminal Defence & Traffic Lawyers. All rights reserved.