Traffic offences in NSW
Police pursuit charges
This is not a traffic matter with a big fine attached. It is a criminal charge under the Crimes Act carrying up to three years imprisonment, and full time custody is a realistic outcome even for a first offender. Most people charged with it have made one very bad decision lasting under two minutes.
Do not explain yourself to police
The hardest element for the prosecution to prove is that you knew police were pursuing you. Almost every conversation at the roadside or in the charge room hands it to them. You are not obliged to answer questions about the driving. Call us first, on 0407 171 626 or 0407 534 594.
A police pursuit charge under section 51B of the Crimes Act 1900 is what most people know as Skye’s Law. It was introduced in 2010 after the death of toddler Skye Sassine, and the courts sentence it accordingly. General deterrence is the dominant consideration, and that is true whether the pursuit ran for twenty kilometres or two streets.
Catron Simmons Lawyers act for drivers charged under section 51B across New South Wales. Our team includes former prosecutors and former highway patrol officers, so we know how a pursuit brief is assembled, what the in car video will and will not show, and where these matters are won. On a great many of them the real work is not the plea. It is persuading the prosecution to accept the lesser charge instead.
The charge
What the prosecution has to prove
Section 51B has three elements. Every one of them must be proved beyond reasonable doubt. If the prosecution cannot make out the third, the charge fails even though you did not stop.
You knew police were pursuing you
The prosecution must prove you knew, ought reasonably to have known, or had reasonable grounds to suspect that police were in pursuit of your vehicle and that you were required to stop. Unmarked cars, no siren, distance, weather, traffic noise and time of day all bear on it. This is the element most often in genuine dispute.
You did not stop
Rarely contested. Continuing to drive for a short distance to find a safe place to pull over is a different thing from failing to stop, and the in car video usually settles which one it was.
You then drove recklessly or dangerously
Not merely driving away. The prosecution must prove the driving after that point was reckless, or at a speed or in a manner dangerous to others. A driver who keeps to the limit and obeys the lights while failing to stop has not committed this offence, whatever else they have committed.
On the third element the court looks at the nature and condition of the road, the volume of traffic actually on it or reasonably expected, and any obstructions or hazards. Empty industrial road at 3am and a school zone at 3pm are not the same case.
Penalties
What section 51B carries
| First offence | Second or subsequent | |
|---|---|---|
| Maximum penalty | 3 years imprisonment | 5 years imprisonment |
| Automatic disqualification | 3 years | 5 years |
| Minimum disqualification | 12 months | 2 years |
| Where it is heard | Local Court, unless the prosecution or the defence elects the District Court. The Local Court cannot exceed 2 years imprisonment on a single offence whatever the maximum says. | |
The disqualification runs on top of the sentence, and on top of any disqualification you are already serving. The court can reduce it to the minimum but cannot go below it, and there is no power to order no disqualification at all on a conviction.
Your car can be taken at the roadside
Engaging in a police pursuit is a sanctionable offence, so police can impound the vehicle or confiscate its number plates on the spot, or issue a notice within ten days requiring you to produce it. The sanction runs for three months, or six months if you were disqualified at the time. You can apply to the Local Court for early release. If the car is registered to someone else, they can be sent a warning that a second offence in the same vehicle may cost them the registration.
The charge underneath
Failing to stop is a separate, far lesser offence
Police routinely lay section 51B alongside failing to stop when directed, under section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002. The two are not the same offence and the gap between them is enormous.
| Police pursuit, s 51B | Fail to stop, s 39 LEPRA | |
|---|---|---|
| Must prove dangerous driving | Yes | No |
| Maximum penalty | 3 years imprisonment | 50 penalty units or 12 months imprisonment, or both |
| Automatic disqualification | 3 years, 12 month minimum | No automatic disqualification |
| Criminal record | Yes, on conviction | Yes, on conviction |
Getting the section 51B charge withdrawn in favour of the lesser one is the single most valuable thing that can be done on most of these matters. It turns a charge carrying gaol and a three year disqualification into one the court can deal with without either. It is done by written representations that engage with the actual evidence on the third element, not by asking nicely at the mention.
The other charge often laid alongside is furious, reckless or manner dangerous driving under section 117 of the Road Transport Act 2013. These charges are used to back each other up, which means the facts have to be read against all of them at once rather than one at a time. See our page on reckless and dangerous driving.
If you are pleading guilty
What sentencing actually turns on
On a section 51B the real question is usually not which bond you get. It is whether the sentence is served in the community or in custody. That makes an intensive correction order against full time imprisonment the line the case is fought on, and the material you put before the court has to be built for that fight.
- How long the pursuit ran, and what the driving was actually like. Speed alone is not the point. Overtaking on the wrong side, running red lights, driving at police and driving in a built up area are.
- What risk was created, and to whom. Passengers, pedestrians, other traffic and the pursuing officers all count.
- Why you did not stop. An unlicensed driver panicking is a different case from a driver evading detection for something more serious, and the court will work out which one it is looking at.
- Your record, particularly any traffic record and anything involving driving while disqualified.
- What has been done since. Traffic Offender Intervention Program completion, treatment where drugs or alcohol are behind it, and a proper explanation of the circumstances carry real weight on this offence.
Written pleas of guilty are a poor idea on a charge of this kind. The magistrate is left with the police fact sheet and your record and nothing else, on an offence where the whole argument is about context. If you are pleading guilty, be there, and be prepared.
How we run these
Why clients bring pursuit charges to us
We have been on the other side
Our team includes former prosecutors and former highway patrol officers. We know what a pursuit brief contains, what the in car video is worth and where the third element tends to be weakest.
We aim at the charge, not just the sentence
The best outcome on most of these is the lesser charge. That means getting the brief, reading it properly, and making representations that engage with the evidence.
Local Court and District Court
If the prosecution elects, the matter moves up. We act at both levels, so you are not starting again with someone new at the worst possible moment.
You deal with a principal
We are a boutique firm. You talk to the solicitor who will appear for you, not a call centre, and we are contactable outside business hours.
Common questions
Police pursuit charges: your questions answered
Will I go to gaol for a police pursuit?
It is a realistic possibility, including on a first offence, and any lawyer who tells you otherwise before reading the brief is guessing. Full time custody is not the usual outcome for a short pursuit by someone with no record, but the offence carries three years and courts treat general deterrence as the dominant consideration. What the sentence turns on is the length and quality of the driving, the risk created, your record, and what you have done since.
What if I did not realise it was police behind me?
That goes to the first element, and it is the answer most often available. The prosecution must prove you knew, ought reasonably to have known, or had reasonable grounds to suspect that police were pursuing you and that you were required to stop. Unmarked vehicles, no siren, distance, traffic and time of day all bear on it. Say nothing about it to police and let the evidence be examined first.
Is Skye’s Law the same as a police pursuit charge?
Yes. Skye’s Law is the informal name for section 51B of the Crimes Act, introduced in 2010 after the death of Skye Sassine. Police, courts and lawyers all use both names for the same offence.
How long will I lose my licence for?
On a first offence the automatic disqualification is three years, and the shortest a court can order is twelve months. On a second or subsequent offence it is five years automatic with a two year minimum. That is on top of whatever penalty is imposed for the offence itself, and on top of any disqualification you are already serving.
Can the charge be reduced?
Sometimes, and it is the first thing worth trying. Failing to stop when directed by police is a separate, far less serious offence that does not require the prosecution to prove reckless or dangerous driving. Where the driving after the failure to stop was unremarkable, there is a real argument that the wrong charge has been laid, and it is made in writing to the prosecution before the matter is set down.
Will police take my car?
They can, at the roadside or by notice within ten days, for three months. Six months if you were disqualified when it happened. The Local Court can order early release, and that application is worth making quickly where the vehicle is needed for work or the car belongs to someone else.
Charged after a pursuit? Talk to us before you talk to anyone else
Send us the court attendance notice and we will tell you what you are facing, whether the lesser charge is available, and what the disqualification realistically looks like. We appear in Local Courts across New South Wales.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Open Monday to Friday 9am to 5pm, contactable outside those hours.