Police Pursuit

Police pursuit is a serious criminal offence that carries a risk of imprisonment, mandatory licence disqualification, and a criminal record.

What Is a Police Pursuit?

A police pursuit is a criminal offence under Section 51B of the Crimes Act 1900 (NSW). The offence is committed when a driver — who knows, ought reasonably to know, or has reasonable grounds to suspect that police officers are in pursuit of their vehicle and that they are required to stop — fails to stop and then drives the vehicle recklessly or at a speed or in a manner dangerous to others.

The law does not require that an actual collision occur or that anyone be injured. The offence is complete as soon as the driver fails to stop and then drives in a dangerous manner. To secure a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:

You were the driver of a vehicle
You knew, ought reasonably to have known, or had reasonable grounds to suspect that police officers were in pursuit of the vehicle
You knew, ought reasonably to have known, or had reasonable grounds to suspect that you were required to stop the vehicle
You did not stop the vehicle
You drove the vehicle recklessly, or at a speed or in a manner dangerous to others

If the prosecution cannot prove any one of these elements to the required standard, you are entitled to be found not guilty of the police pursuit offence.

What Is a Police Pursuit Policy?

NSW Police operate under a Safe Driving Policy that governs when and how officers may engage in a pursuit. Only sworn police officers who hold the requisite certification and who are driving an approved category of vehicle may initiate a police car chase. An off-duty police officer not operating a departmental vehicle cannot lawfully initiate a pursuit.

Once a chase begins, the pursuing officer must contact the communications centre and provide ongoing updates on speed, road conditions, and weather. The communications centre has the authority to terminate the high-speed police pursuit at any point if it determines the risks to public safety outweigh the benefit of continuing the chase.

Does NSW Have a No Chase Law?

No. NSW does not have an outright no-chase law. However, the NSW Police Safe Driving Policy imposes strict conditions on when pursuits can be initiated and continued, with a strong emphasis on public safety and proportionality. Officers are not given unchecked authority to engage in dangerous chases — the policy requires ongoing risk assessment and communication with a supervising centre throughout every pursuit.

What is Skye's Law NSW?

The police pursuit offence is commonly known as “Skye’s Law”, named after 19-month-old Skye Sassine, who was killed on New Year’s Eve 2009. Skye was travelling in her family’s car when it was struck by a driver suspected of armed robbery who was leading police on a high-speed chase through Western Sydney — running red lights and driving on the wrong side of the road at excessive speed. The driver was convicted of her manslaughter.

In response, the NSW Government enacted the Crimes Amendment (Police Pursuits) Act 2010, inserting Section 51B into the Crimes Act 1900 and creating a specific police pursuit offence with mandatory prison terms intended to deter dangerous chases and hold drivers accountable.

Police Pursuit NSW Penalties

The penalties for police pursuit are among the most serious for any traffic-related offence in New South Wales. Police pursuit is classified as a major offence under Section 4 of the Road Transport Act 2013, which triggers mandatory licence disqualification in addition to any imprisonment or fine imposed by the court.

Penalty	First Offence of Police Pursuit	Second or Subsequent Offence
Maximum imprisonment	3 years	5 years
Automatic disqualification period	3 years	5 years
Minimum disqualification period	12 months	2 years
Criminal record	Yes (unless Section 10 granted)	Yes (unless Section 10 granted)

Source: Crimes Act 1900 (NSW), Section 51B; Road Transport Act 2013 (NSW), Section 4

A “second or subsequent offence” means any conviction for a major offence within the five years immediately before the current police pursuit offence. This includes, but is not limited to, a previous conviction for a police pursuit, drink driving, dangerous driving, or other serious driving offences.

Can You Face Imprisonment for Police Pursuits in NSW?

Yes. A police pursuit is a serious criminal offence, and imprisonment is a real possibility — including for first-time offenders. The maximum penalty is three years’ imprisonment for a first offence and five years for a second or subsequent offence. Courts treat this charge seriously because high-speed police chases pose grave risks to other road users, pedestrians, and police officers. Aggravating factors — including the speed involved, time of day, and whether a collision occurred — can significantly affect the sentence.

Sentencing options available include full-time imprisonment, an Intensive Corrections Order (ICO), a Community Corrections Order (CCO), or a Conditional Release Order (CRO) with or without a criminal conviction recorded.

Will You Lose Your Licence for Police Pursuits in NSW?

Yes. A mandatory licence disqualification applies upon conviction. For a first major offence within five years, the automatic disqualification period is three years, with a minimum of 12 months. The court may reduce the disqualification to the minimum where your circumstances warrant it — for example, if you need your licence for work or family responsibilities.

For a second or subsequent major offence within five years, the automatic disqualification is five years, with a minimum of two years. The court’s discretion to reduce this period is more limited.

Does a Police Pursuit Driving Offence Stay on Your NSW Driving Record?

Yes. A conviction results in a criminal record, affecting background checks, employment requiring clearances, visa applications, and international travel. A Section 10 dismissal — available in limited circumstances — would prevent a conviction being recorded. Achieving this outcome requires strong mitigating factors and experienced legal representation.

Defences for Police Pursuit in NSW

Because a police pursuit charge requires the prosecution to prove multiple distinct elements, there are genuine opportunities to defend the charge. Hamilton Janke’s experienced criminal lawyers will carefully examine your matter and identify the defences available to you.

Pleading Not Guilty to Police Pursuit NSW

If you plead not guilty, the prosecution must prove every element beyond a reasonable doubt. The most effective defences for a police pursuit charge include:

You were not the driver — the prosecution cannot prove you were operating the vehicle at the time of the alleged pursuit
You did not know police were in pursuit — you did not and could not reasonably have known police were pursuing your vehicle or that you were required to stop
You stopped immediately — you stopped the vehicle as soon as you became aware that police were in pursuit
Honest and reasonable mistake of fact — you genuinely and reasonably believed the police signals were not directed at you
Duress or necessity — you were compelled to drive in those circumstances due to an immediate threat

There may also be an opportunity to negotiate with the prosecution for a less serious charge — such as a summary or traffic offence rather than a Crimes Act offence — where the evidence of the required elements is not strong.

Pleading Guilty to Police Pursuit NSW

If you decide to plead guilty, the focus becomes achieving the most favourable sentence the court is able to impose in your circumstances. A well-prepared and persuasive plea in mitigation — submitted by an experienced criminal lawyer — can make a significant difference to the outcome.

Steps that can positively influence sentencing include:

Obtaining strong character references from employers, family members, or community figures
Completing a Traffic Offenders Program prior to your court date
Preparing a letter of apology demonstrating genuine remorse
Presenting evidence of your personal circumstances, including employment and family responsibilities

A Section 10 dismissal — where the court records a finding of guilt but imposes no conviction — is available in limited circumstances and would prevent a criminal record. Our experienced criminal lawyers can advise honestly on the realistic prospects of this outcome in your matter.

Burden of Proof

The burden of proof lies entirely with the prosecution. It is not for you to prove your innocence. The prosecution must establish every element of the offence — that you were the driver, that you had reasonable grounds to suspect police were in pursuit and required you to stop, that you failed to stop, and that you then drove recklessly or dangerously — all beyond a reasonable doubt.

If any single element is not proven to that standard, the court must find you not guilty. This is why careful analysis of the prosecution’s evidence is essential from the earliest stage of your matter.