Police Pursuits
Police Pursuits occur when the accused uses a vehicle to avoid law enforcement when they are attempting to stop, detain or arrest an accused person.
The offence committed may range from misdemeanors, such as traffic infractions, to more serious indictable offences such as murder.
In 2010, new laws were introduced following the death of nineteen month, Skye Sassin.
Skye died when the vehicle in which she was travelling was hit by a motorist leading police on a high-speed pursuit. Following the tragic death, there were calls for tougher penalties on motorists who lead police on dangerous pursuits.
The new laws became known as “Skye’s Law”. The New South Wales government ultimately introduced Skye’s Law which was intended to deter people from attempting to evade police which can lead to dangerous chases and high-speed police pursuits.
An offence of Police Pursuit is known as a “Table 1” offence which means it is heard in the Local Court unless an election is made by the Department of Public Prosecutions (DPP) that it be dealt with on indictment in a higher Court.
The Crimes Act 1900 (NSW) under Section 51 B, provides that a Police Pursuit is an offence: –
“drive a motor vehicle negligently, recklessly or at a speed or in a manner that is dangerous to any person in order to escape pursuit by a police officer or to cause a police officer to engage in a pursuit”.
The following options are available to the accused depending on his/her instructions: –
- We’ll negotiate with the Prosecutor to have the charges withdrawn, downgraded and/or the Police Fact Sheets amended; or
- We’ll enter a plea of not guilty and proceed to a hearing; or
- We’ll enter a plea of guilty to the charges and proceed to dispute the Police Fact Sheets at a special “disputed facts” hearing; or
- We’ll enter a plea of guilty with full acceptance of the Police Fact Sheets; and
- We’ll submit thoroughly researched legal submissions requesting that the Court not record a criminal conviction.