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Police Pursuit Is A Serious Offence

Police pursuits, officially termed “Police Pursuit” and colloquially known as “Skye’s Law” in New South Wales (NSW), constitute a grave traffic offence. This charge applies when a driver deliberately attempts to evade police, significantly endangering public safety.

The offence carries severe penalties, including potential imprisonment, reflecting its seriousness in the eyes of the law. The legislation aims to deter dangerous driving behavior and protect community safety by imposing stringent consequences on those who engage in such reckless actions.

What is a Police Pursuit Offence?

Police pursuits, officially known as “Police Pursuit” offences and colloquially referred to as “Skye’s Law” in New South Wales (NSW), represent one of the most serious traffic violations. This offence occurs when a driver knowingly attempts to evade police by failing to stop when directed and continuing to drive recklessly or at dangerous speeds. Police pursuits pose significant risks to public safety, often resulting in high-speed chases through populated areas.

As a result, the penalties for engaging in a police pursuit are severe, including hefty fines and potential imprisonment. The legislation surrounding police pursuits aims to deter such dangerous behavior and protect both the community and law enforcement officers. Understanding the gravity of police pursuits is crucial for all drivers to promote safer roads and prevent potentially life-threatening situations.

What Does the Prosecution Need to Prove?

To secure a conviction in a police pursuit case, the prosecution must prove the following elements beyond reasonable doubt:

  1. The defendant was the driver of the vehicle involved in the pursuit
  2. A police officer was in pursuit of the vehicle
  3. The police officer gave a clear direction for the driver to stop
  4. The defendant knew, or ought reasonably to have known, that they were being pursued by police
  5. The defendant failed to stop the vehicle as directed
  6. The defendant drove:
    • Recklessly, or
    • At a speed dangerous to others, or
    • In a manner dangerous to others
  7. The defendant’s actions were voluntary and intentional

If the prosecution fails to prove any of these elements, it may result in an acquittal. Understanding these requirements is crucial for both the prosecution in building their case and the defense in formulating effective counter-arguments.

What Are the Police Roadside Powers?

During police pursuits and traffic stops in New South Wales, police officers have the following roadside powers:

  1. Confiscate number plates:
    • For up to 3 months
    • If the vehicle was involved in a pursuit
  2. Impound vehicles:
    • Immediately at the roadside
    • Or require production within 10 days
  3. Vehicle forfeiture:
    • For repeat offenders
    • Vehicle may be forfeited to the Crown
  4. Conduct roadside breath tests
  5. Request driver identification
  6. Search vehicles:
    • If there’s reasonable suspicion of illegal items
  7. Issue directions:
    • Drivers must comply with lawful police directions

Important notes:

  • Police must follow standard operating procedures
  • Officers must identify themselves when requested
  • Failing to comply with lawful directions can result in serious legal consequences

Understanding these powers is crucial for proper interaction with law enforcement during traffic incidents.

What Are Other Related Charges Under Police Pursuit?

Several other charges may be laid in conjunction with or as alternatives to police pursuit, depending on the circumstances:

  • Dangerous driving (Section 52A Crimes Act 1900)
  • Reckless driving (Road Transport Act 2013)
  • Exceeding speed limit (Road Rules 2014)
  • Driving while disqualified/suspended (Road Transport Act 2013)

CASE STUDY

In 2022, a 25-year-old driver was charged with police pursuit after failing to stop for a random breath test and leading police on a 20-minute chase through suburban streets. The pursuit ended when the driver crashed into a parked car. He was sentenced to 18 months imprisonment with a non-parole period of 12 months, and disqualified from driving for 3 years.

Summary Court Process (Local Court)

Police pursuit cases are typically heard in the Local Court. The process involves:

  1. The accused is charged and brought before the court.
  2. They enter a plea of guilty or not guilty.
  3. If pleading guilty, sentencing submissions are made, and the magistrate determines the penalty.
  4. If pleading not guilty, a hearing date is set where evidence is presented and the magistrate decides on guilt.

Indictable Court Process (District Court or Supreme Court)

For more serious cases, especially those involving injury or death, police pursuit may be dealt with on indictment in the District Court:

  1. The matter first appears in the Local Court for committal proceedings.
  2. If committed for trial, it’s transferred to the District Court.
  3. The accused enters a plea, and if not guilty, a trial date is set.
  4. A judge and jury hear the case and determine guilt.
  5. If found guilty, the judge imposes a sentence.

Local Court Sentencing Options

If convicted of police pursuit in the Local Court, sentencing options include:

  • Imprisonment (up to 3 years for a first offence, 5 years for a second or subsequent offence)
  • Intensive Correction Order
  • Community Correction Order
  • Conditional Release Order
  • Fine (up to $11,000)
  • Mandatory license disqualification (minimum 12 months, in addition to any other penalty)

The court will consider factors such as the length and nature of the pursuit, any injuries or damage caused, the driver’s record, and any mitigating circumstances when determining the appropriate penalty.

Police Pusuit

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Based on the search results, some of the most common reasons for police pursuits include:
  1. Traffic violations - This is cited as the most frequent reason, accounting for around 40-50% of pursuits according to some studies. This includes offenses like speeding, reckless driving, and failing to stop for traffic signals.
  2. Stolen vehicles - Pursuits often involve drivers in stolen cars trying to evade police. One study found 32% of fleeing suspects said they ran because they were in a stolen vehicle.
  3. Suspended/revoked licenses - About 27% of suspects in one study said they fled because they had a suspended driver's license.
  4. Driving under the influence - DUI/DWI is another common catalyst for pursuits. Around 21% of suspects in one study said they ran to avoid a DUI arrest.
  5. Avoiding arrest for other reasons - 27% of suspects in a study said they fled simply to avoid being arrested.
  6. Failure to stop for random breath tests - This is listed as one of the top reasons in NSW police reports.
  7. Criminal offenses - More serious crimes like robbery, assault, burglary account for a smaller percentage, around 10-11% in some reports.
  8. Unregistered vehicles - In some cases, drivers flee after being spotted in unregistered cars.

The data consistently shows that the majority of pursuits are initiated for relatively minor traffic offenses or property crimes, rather than violent felonies. This has led to debates about pursuit policies and whether the risks are justified for non-violent offenses.
Based on the search results and other research, police pursuits typically end in the following ways:
  1. Suspect voluntarily stops: In many cases, the suspect eventually decides to stop and surrender, often after realizing they cannot outrun the police.
  2. Crash: Unfortunately, a significant number of pursuits end in crashes, either involving the suspect vehicle alone or colliding with other vehicles or objects. This is one of the main safety concerns with pursuits.
  3. Vehicle becomes disabled: The suspect's vehicle may break down, run out of fuel, or become disabled due to damage sustained during the pursuit.
  4. Tactical termination by police: Police may use tactics like spike strips, PIT (Precision Immobilization Technique) maneuvers, or roadblocks to forcibly end the pursuit.
  5. Pursuit terminated by police: Officers or supervisors may decide to call off the pursuit if the risks to public safety become too high.
  6. Suspect escapes: In some cases, the suspect manages to elude police and escape, at least temporarily.
  7. Boxing in: Police vehicles may surround and slow down the suspect vehicle until it's forced to stop.
  8. Running out of road: The suspect may reach a dead end or run out of drivable terrain, especially in rural areas.

The specific outcomes can vary depending on factors like the jurisdiction's pursuit policy, the nature of the original offense, road conditions, and the decisions made by both the suspect and the pursuing officers. Many police departments have adopted more restrictive pursuit policies in recent years to reduce the risks associated with high-speed chases, particularly for minor offenses.
Based on the search results and the information provided, tHERE are some key differences in how police pursuits typically conclude in urban versus rural areas:
  1. Distance:
  • Urban pursuits tend to be shorter, with the mean distance reported as 1.72 blocks for in-town pursuits.
  • Rural/out-of-town pursuits tend to cover longer distances, with a mean of 7 miles reported.
  1. Termination point:
  • In urban areas, suspects are more likely to stop or crash sooner due to traffic, obstacles, and less open road.
  • In rural areas, pursuits can continue for longer distances before concluding.
  1. Methods of ending pursuits:
  • Urban areas may have more opportunities for tactical termination methods like roadblocks or spike strips due to more controlled environments.
  • Rural pursuits may be more likely to end when vehicles run out of fuel or become disabled due to longer distances traveled.
  1. Officer perceptions:
  • Officers believed suspects would quit running after about 3.9 miles on average.
  • 70% of officers thought suspects would stop after about 10 miles in out-of-town pursuits.
  1. Risks and policy considerations:
  • Urban pursuits pose higher risks to bystanders and property due to population density.
  • Rural pursuits may have different risk calculations due to lower population density but higher speeds over longer distances.
  1. Resource availability:
  • Urban areas likely have more officers and resources to assist in terminating pursuits.
  • Rural areas may have fewer backup options and longer response times for additional units.

The research suggests that the geography and environment play a significant role in how pursuits unfold and conclude, with urban pursuits generally being shorter but potentially more hazardous to the public, while rural pursuits can extend over greater distances before reaching a resolution.

Disclaimer

This information is general in nature and should not be considered legal advice. Every police pursuit case is unique, and the outcome will depend on the specific circumstances and evidence. If you are facing police pursuit charges, it is crucial to seek immediate legal representation from an experienced criminal defence lawyer who can advise on the best strategy and protect your rights in court.

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