If charged with an offence relating to a police pursuit, contact Josh and James at McKenzie McLoughlin Law for experienced representation in your matter. Josh and James are traffic lawyers who will give you honest advice as to the prospects of your matter. As ex-prosecutors, Josh and James know the law, the cases, and the available defences for matters of this type. Don’t settle for anyone else.
What’s Skye’s law?
In 2010 parliament created a specific offence in respect of police pursuit which is commonly referred to as ‘Skye’s Law’. This offence was enacted following the death of a child (Skye Sassine) after a driver attempting to evade police crashed into her parent’s car. ‘Skye’s Law’ makes evading a police pursuit a specific offence in itself.
Being involved in a police pursuant has a particular offence which is listed under section 51B of the Crimes Act 1900. The offence is a ‘Table 1 offence.’ Ultimately, this means that it can be dealt with in the Local Court, or, the District Court if either the Prosecution or Defence elect for it to be determined there.
What do the Police need to prove?
The Police (or Prosecution) need to prove the following elements of the offence beyond a reasonable doubt:
- The driver knew, ought reasonably to have known or has reasonable grounds to suspect that police officers were in a pursuit, and
- The driver knew, ought reasonably to have known or has reasonable ground to suspect that the driver was required to stop the vehicle, and
- The driver did not stop the vehicle, and
- The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others.
What are the penalties for this offence?
In accordance with the Crimes Act, the maximum penalty for a first offence of police pursuit is 3 years imprisonment. If you have been convicted of a second or subsequent offence, then the maximum penalty is 5 years imprisonment. For the offence of police pursuit, there is a minimum disqualification period of 1 year and an automatic period of 3 years.