Police Pursuit Charges
Clear advice on penalties, defences and what to expect through the Local and District Courts.
Police pursuit offences are created by section 51B of the Crimes Act 1900 (NSW), commonly known as "Skye's Law" after reforms introduced following the death of a young child killed by a driver fleeing police in 2009. The offence applies where a person drives recklessly, or at a speed or in a manner dangerous to others, while knowing, or having reasonable grounds to suspect, that police are in pursuit and are trying to make them stop. It is a serious indictable offence distinct from an ordinary dangerous or negligent driving charge, targeting the act of fleeing itself.
Where a police pursuit results in the death or grievous bodily harm of another person, the driver is instead usually charged under section 52A of the Crimes Act as dangerous driving occasioning death or grievous bodily harm, with fleeing from police treated as a statutory aggravating factor that moves the matter into the higher-penalty aggravated tier of that offence. Section 51B itself is generally reserved for the pursuit conduct where no such tragic outcome occurred.
Because "Skye's Law" was introduced specifically to deter drivers from fleeing rather than stopping, courts treat these matters with particular seriousness, and a significant automatic licence disqualification typically applies on conviction, reflecting a clear legislative policy of deterrence. In-car and pursuit vehicle camera footage, along with radio and dispatch records of the pursuit, are usually central to how these matters are prosecuted and defended.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Police pursuit — failing to stop and driving recklessly or dangerously (s51B Crimes Act 1900) | 3 years imprisonment | Carries a substantial automatic licence disqualification period on conviction, reflecting the deterrent purpose of the "Skye's Law" reforms, with limited court discretion to reduce it below a set minimum. |
| Dangerous driving occasioning death or GBH during a police pursuit (s52A) | Up to 14 years imprisonment (death) or 11 years imprisonment (grievous bodily harm) | Applies instead of section 51B where the pursuit results in death or grievous bodily harm, with fleeing from police treated as a statutory aggravating factor. See our dangerous driving page for full detail on this separate offence. |
| Aggravating factors | Sentence increased within the applicable maximum | The duration and speed of the pursuit, the location (such as a school zone or busy public area), and any prior relevant driving offences are significant considerations at sentencing. |
Possible Defences
Ways this charge can be challenged
No reasonable grounds to know police were in pursuit
The offence requires that the accused knew, or had reasonable grounds to suspect, that police were attempting to make them stop. Where police signals were unclear, an unmarked vehicle was involved, or the circumstances did not reasonably indicate a police pursuit was underway, this central element may not be established.
Driving was not reckless or objectively dangerous
The prosecution must prove the driving itself was reckless, or at a speed or in a manner dangerous to others, not simply that the accused failed to stop. Where the driving, viewed objectively, did not create a real danger to other road users, this element may not be made out.
Necessity or duress
In rare and exceptional circumstances, a person may argue they continued driving due to a genuine and immediate threat to their safety unrelated to the police presence itself, though courts apply this defence with particular caution given the clear policy objective of Skye's Law.
Identification
Where a pursued vehicle was later found abandoned, or the driver was not apprehended at the scene, the prosecution must still prove that the accused was the person actually driving during the pursuit, which can be a genuine issue where identification evidence is limited.
What Happens Next
The Local Court process
- 01
Following a police pursuit, the matter is typically reviewed internally by police under their pursuit policy before a charge is laid, alongside the collection of in-car and pursuit vehicle camera footage.
- 02
The accused is charged by arrest or court attendance notice, and at the first mention in the Local Court, a plea of guilty or not guilty is entered.
- 03
A decision is made as to whether the matter can remain in the Local Court or should proceed towards the District Court, depending on the seriousness of the pursuit and whether any related, more serious charge is also laid.
- 04
If a not guilty plea is entered, the prosecution serves its brief of evidence, including pursuit footage and radio dispatch records, before the matter is listed for a defended hearing.
- 05
At any hearing or trial, the prosecution must prove the accused knew or had reasonable grounds to suspect police were pursuing them, and that they drove recklessly or dangerously in response, beyond reasonable doubt.
- 06
On a finding of guilt or a guilty plea, the court considers the duration, speed and location of the pursuit, the accused’s driving history, and personal circumstances before sentencing, together with the applicable automatic licence disqualification.
Frequently Asked Questions
Common questions
Skye's Law refers to reforms introduced following the death of a young child killed by a driver fleeing police in 2009, which created a specific, serious offence under section 51B of the Crimes Act 1900 for driving recklessly or dangerously while evading a police pursuit, separate from any charge relating to injury or death caused.
No, the offence applies if you knew, or had reasonable grounds to suspect, that police were attempting to make you stop, which is a lower threshold than actual certainty, though it still requires the circumstances to have reasonably indicated a police pursuit was underway.
In that case, the driver is generally charged with dangerous driving occasioning death or grievous bodily harm under section 52A of the Crimes Act, rather than the standalone section 51B pursuit offence, with fleeing from police treated as an aggravating factor carrying a substantially higher maximum penalty.
A significant automatic licence disqualification period generally applies on conviction, reflecting the deterrent purpose behind the Skye's Law reforms, though the exact length and the court's discretion to reduce it should be confirmed for your specific circumstances.
Yes, in-car and pursuit vehicle camera footage, along with radio dispatch records, can be examined closely by the defence to assess exactly what occurred, including whether the driving was genuinely reckless or dangerous and whether it was reasonably clear that police were signalling to stop.
Courts treat police pursuit matters seriously given the clear deterrent purpose of the legislation, and a custodial sentence is a real possibility even for a first offence, particularly where the pursuit was prolonged, occurred at high speed, or took place in a populated area.
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