Police Pursuit (Skye’s Law)

Understanding Police Pursuit Charges

Police pursuit charges, commonly known as “Skye’s Law,” are treated with the utmost seriousness by the courts. Enacted in response to a tragic police chase in 2009, this law targets drivers who evade police in ways that endanger public safety.

If you’re facing a police pursuit charge, the consequences can be severe, including imprisonment and lengthy license disqualifications. At Faraj Defence Lawyers, we specialise in defending cases under Skye’s Law, providing expert guidance to help secure the best possible outcome for you.

What the prosecution need to prove 

To convict someone of a police pursuit offence under Skye’s Law, the prosecution must establish certain elements beyond a reasonable doubt:

• That you drove a vehicle; and 

• That you knew or reasonably should have known that you were being pursued by police; and 

• That you did not stop after you realised that the police were in pursuit of you; and

• That you then drove recklessly or at a speed or in a manner that is dangerous to others.

The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success. 

Penalties

The maximum penalty for this charge is 3 years imprisonment. There is also an automatic disqualification period of three years, which can be reduced to 12 months. 

Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances: 

• S10(1)(a) dismissal 

• Conditional release order without conviction 

• Conditional release order with conviction 

• Fine 

• Community corrections order 

• Intensive corrections order 

• Full-time imprisonment

Steps to Take If Charged with a Police Pursuit Offence

If you’ve been charged with a police pursuit offence, taking the right steps early can significantly impact the outcome of your case. Here’s what you should do:

1. Remain Silent: Avoid making statements to the police without a lawyer present. Anything you say can be used against you in court.
2. Seek Legal Advice Immediately: Contact an experienced lawyer to understand your rights and explore potential defences.
3. Document the Details: Record everything you remember about the incident, including timelines, witness information, and any interactions with police.
4. Comply with Bail Conditions: If granted bail, ensure you follow all conditions to avoid further complications.

Defending Against Police Pursuit Charges

Defending against a police pursuit charge requires challenging the prosecution’s case and presenting evidence to counter their claims. Common defence strategies include:

• Lack of Awareness: Arguing that you were unaware police were in pursuit, such as in cases of poor visibility or unclear signals.
• Necessity or Duress: Demonstrating that your actions were justified due to an emergency or external threat.
• No Reckless Driving: Challenging the claim that your driving was reckless or dangerous, especially if evidence is insufficient or inconsistent.
• Flaws in Evidence: Identifying weaknesses in the prosecution’s evidence, such as unreliable witness testimony or procedural errors during the arrest.

Every case is unique, and the best defence depends on the specific circumstances. At Faraj Defence Lawyers, we thoroughly assess your case to determine the most effective strategy for achieving the best possible outcome.

Why Choose Faraj Defence Lawyers?

When it comes to police pursuit offences, having the right legal defence can make all the difference. The consequences of these charges can be severe, with life-altering implications for your freedom, reputation, and future. That’s why choosing an experienced and dedicated legal team is essential.

At Faraj Defence Lawyers, our expertise in traffic law, including Skye’s Law cases, sets us apart. We have an impressive record of achieving successful outcomes, including dismissed charges, reduced penalties, and not guilty verdicts. Our deep understanding of the legal system allows us to identify the critical details that can strengthen your defence.

With a client-first approach, we provide clear communication, unwavering support, and tailored defence strategies to ensure the best possible results. By choosing Faraj Defence Lawyers, you’re putting your trust in a team that is committed to protecting your rights and minimizing the impact of these serious charges.

Book your free consultation today by calling us at (02) 8896 6034 or emailing us at af@farajdefencelawyers.com.au.

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