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:
- Remain Silent: Avoid making statements to the police without a lawyer present. Anything you say can be used against you in court.
- Seek Legal Advice Immediately: Contact an experienced lawyer to understand your rights and explore potential defences.
- Document the Details: Record everything you remember about the incident, including timelines, witness information, and any interactions with police.
- Comply with Bail Conditions: If granted bail, ensure you follow all conditions to avoid further complications.
Taking prompt action and consulting with a lawyer as soon as possible can help you build a strong defence and reduce the stress of facing these charges.
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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Free Initial Consultation
We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.
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Expert Defence Strategies
We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.
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Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.
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Negotiation Expertise
Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.
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Meet Our Team
Ahmad Faraj
Mr. Ahmad Faraj is a senior criminal lawyer and the principal of Faraj Defence Lawyer. Ahmad is a highly accomplished lawyer in New South Wales, specialising in both criminal and traffic law matters.
Learn MoreChanel Joseph
As a paralegal at Faraj Defence Lawyer, Chanel specializes in assisting with criminal and traffic law matters, working closely with both criminal lawyers and our clients to help receive the best results.
Learn MoreFrequently Asked Questions
What is Skye’s Law and how does it relate to police pursuit offences?

Skye’s Law refers to Section 51B of the Crimes Act 1900 (NSW), which makes police pursuit a serious criminal offence. It was introduced after the tragic death of a child named Skye during a high-speed chase. Under this law, failing to stop for police engaging in a pursuit carries a maximum penalty of three years imprisonment and a licence disqualification of at least 12 months.
What penalties can I face for a police pursuit charge in NSW?

Penalties for police pursuit offences include fines, licence disqualification, and imprisonment. A first offence carries a minimum licence disqualification of 12 months and a maximum of three years in prison. Repeat offenders face harsher penalties, including longer disqualification periods and mandatory jail sentences in serious cases.
Can I avoid a conviction for a police pursuit charge?

Avoiding a conviction for a police pursuit offence is challenging, as courts takes these matters seriously. However, in exceptional cases, such as where there was a misunderstanding or a medical emergency, the court may impose a good behaviour bond, find, or non-conviction order. Legal representation is essential for negotiating a more favourable outcome.
Is it possible to have the charge of police pursuit downgraded?

Yes, a skilled lawyer may be able to negotiate with the prosecution to have the charge downgraded to a lesser traffic offence, such as negligent or reckless driving, which carries less severe penalties. Factors such as lack of prior convictions, minimal risks to public safety and cooperation with police can help negotiations.
How long will I lose my licence for?

A conviction for police pursuit under Skye’s Law results in an automatic licence disqualification of at least 12 months. However, for repeat offences or aggravated cases, disqualification periods can extend to five years or more. Courts consider factors such as speed, road conditions, and the risk posed to the public when determining the length of the disqualification.
If pleading guilty, can you lower the suspension period?

Yes, in some cases, the court may reduce the disqualification period if there are strong mitigating factors, such as a clean driving record, remorse, and a genuine need for a licence (e.g for employment or family responsibilities). A lawyer can argue for a reduced disqualification or an alternative penalty, such as a Conditional Release Order to minimise long-term consequences.