Motor vehicle pursuits are inherently dangerous and come at significant risk of injury or death.

Police pursuits present challenging decisions for police officers, as they are required to balance the risk to the public and themselves as well as the need to apprehend offenders and prosecute crime.

In 2021 – 2022, police undertook 3,398 pursuits, as reported by the NSW Police Force Annual Report.

Out of this figure, 857 of pursuits were terminated by police, and 324 resulted in collisions.

There were 4 fatalities and 78 injuries arising from pursuits. Those injured include 17 police officers, 51 offenders and 20 ‘other’ people which includes bystanders or road users.

The most common type of offence which is committed prior to a police pursuit are those related to traffic (i.e., speeding, or dangerous driving). This is followed by not stopping at roadside breath tests (‘RBTs’) and pursuits of suspected stolen vehicles.

Notably, there has been a sharp increase in police pursuits, comparing 2,872 in 2020-21, 3,117 in 2019-20, and 2,934 in 2018 -19 to 2,589 in 2017-18, 2,472 in 2016-17 and 1,801 in 2014-15.

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Engaging in a police pursuit is an offence under section 51B of the Crimes Act 1900 (NSW).

The offence of police pursuit is otherwise referred to as ‘Skye’s Law’ after tougher penalties were introduced following the tragic death of a 19-month-old toddler named Skye Sassine.

Skye was killed after an armed robber hit her family’s car during a high-speed police pursuit on New Year's Eve 2009.

To be found guilty of engaging in a police pursuit, the prosecution is required to prove, beyond reasonable doubt, that:

• the driver knew, ought reasonably to know or had reasonable grounds to suspect that police officers were in pursuit of their vehicle and that they were required to stop,

• the driver failed to stop the vehicle,

• the driver then drove the vehicle recklessly or at a speed or in a manner dangerous to others.

In the case of a first offence, the maximum penalty applicable is 3 years imprisonment.

In terms of one’s licence, the maximum disqualification applicable is 3 years, or a minimum disqualification period of 12 months if the court deems that this is suitable.

For a second or subsequent offence, the maximum penalty applicable is 5 years imprisonment.

The applicable maximum license disqualification period is 5 years, with a minimum disqualification period of 2 years if the court sees fit.

However, in terms of the maximum penalties of imprisonment, it is important to note that the offence is classified as a ‘table 2’ offence which means that it will be dealt with in the Local Court, unless the prosecution elects for the matter to proceed to the District Court.

In the Local Court, the maximum penalty is limited to a $5,500 fine and/or 2 years imprisonment, for a single offence.

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Generally, police must not commence or must terminate a pursuit where there is no urgent need or there are other feasible means for apprehending the vehicle’s occupants.

They will also need to consider whether the overall harm they are seeking to prevent is greater than the risks involved in the pursuit.

In considering the risks involved, the officers will examine the speed of the vehicle, the manner of driving (whether erratic or controlled), the location (i.e., open road or high density) as well as the weather and visibility (i.e., whether the road is wet or there is fog).

As outlined in section 148C of the Road Transport Act 2013 (NSW), during a police pursuit and where authorised by the Commissioner of Police, police may utilise a tyre deflation device to:

• enable them to stop or assist in the stopping of a vehicle in connection with a pursuit, or

• enable police to prevent a person using a vehicle to escape from lawful custody or avoid arrest.

Such devices essentially involve a net of spikes which are laid out on the road to penetrate the tyres of a vehicle, leading them to deflate and for the vehicle to stop.

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If you need further legal assistance, contact our traffic lawyers to schedule a free consultation.

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