Evading police in a motor vehicle is one of the most serious driving offences in Australia. Known commonly as a police pursuit, it involves failing to stop when directed by police and continuing to drive in a manner that endangers the public. These offences are treated severely by the courts, often carrying mandatory licence disqualification, large fines, and terms of imprisonment.
Each state and territory has its own laws governing police pursuits, with varying penalties based on intent, risk, and outcomes (e.g., injury or death). Below, we break down the laws, how charges are laid, and your legal options if you’re facing prosecution for a police pursuit.
If a driver fails to stop for police when directed, and a pursuit follows, police may:
Record the incident via dashcam, helicopter, or CCTV
Identify the driver through number plate recognition, facial recognition, or vehicle registration
Arrest the driver at the scene or later at their home or workplace
Charge the individual with a specific police pursuit offence or under dangerous driving laws
Failure to stop when directed by police
Continuing to drive dangerously or recklessly
Causing serious risk to the public
In some states, intention to evade police is a legal requirement
Traffic offences are serious breaches of road safety laws governed by each Australian state and territory. They range from speeding and drink driving to dangerous or reckless driving, and penalties can vary depending on the nature of the offence, whether anyone was harmed, and the driver’s prior history.
Below is a state-by-state overview of the key traffic laws, how charges are laid by police, court procedures, penalties, and available defences across NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Law: Section 51B, Crimes Act 1900 (NSW)
Offence Name: Police Pursuit (“Skye’s Law”)
Key Elements:
Knows police are pursuing them
Fails to stop
Drives recklessly or at speed
Penalties:
Up to 3 years’ imprisonment (5 years for repeat offenders)
Automatic licence disqualification
Vehicle impoundment
Court Process:
Heard in Local Court or District Court depending on circumstances
Serious matters with injury may be referred to higher courts
Defences Available:
No knowledge of police pursuit
Medical emergency or duress
Mistaken identity
Not driving dangerously
Relevant Law: Section 319, Crimes Act 1958 (VIC); Road Safety Act 1986
Offence Name: Dangerous or negligent driving while pursued
Key Elements:
Reckless conduct endangering life
Failing to stop for police
Penalties:
Up to 10 years’ imprisonment (if causing serious injury or death)
Licence disqualification
Vehicle forfeiture
Court Process:
Indictable offences heard in County or Supreme Court
Summary offences in Magistrates Court
Defences Available:
Duress
Necessity
Not aware police were pursuing
Vehicle used without consent
Relevant Law: Section 754, Police Powers and Responsibilities Act 2000 (QLD)
Offence Name: Evade Police
Key Elements:
Fails to stop motor vehicle after being directed
Offence can be committed even without reckless driving
Penalties:
Mandatory minimum $7,718 fine
50 demerit points
Vehicle impoundment or forfeiture
Up to 3 years’ imprisonment for dangerous conduct
Court Process:
Heard in Magistrates Court or District Court
Evidence includes police video, registration records, and identification
Defences Available:
Lack of awareness
Duress or necessity
False identification
Mechanical failure
Relevant Law: Road Traffic Act 1974 (WA)
Offence Name: Failing to stop (Evading Police)
Key Elements:
Failing to stop when signalled
Often paired with dangerous or reckless driving
Penalties:
Up to 5 years’ imprisonment
Minimum 6-month licence disqualification
Vehicle impoundment or confiscation
Court Process:
Summary offences heard in Magistrates Court
Aggravated cases heard in District Court
Defences Available:
Emergency or threat to safety
No intent to evade
Incorrect identification
Relevant Law: Section 44B, Road Traffic Act 1961 (SA)
Offence Name: Failing to stop when directed
Key Elements:
Refuses or fails to stop
Drives dangerously during the pursuit
Penalties:
Up to 5 years’ imprisonment
Mandatory disqualification
Vehicle forfeiture
Court Process:
Summary matters heard in Magistrates Court
Serious charges may be escalated
Defences Available:
Driver unaware of police direction
Mental health or medical condition
Emergency situation
Relevant Law: Road Transport (Safety and Traffic Management) Act 1999 (ACT)
Offence Name: Fail to stop for police
Key Elements:
Refuses to pull over
Continues driving dangerously or erratically
Penalties:
Up to 2 years’ imprisonment
Disqualification from driving
Vehicle seizure
Court Process:
Matters heard in Magistrates or Supreme Court
Requires evidence of driver’s awareness and risk caused
Defences Available:
Not aware of police pursuit
Duress or threat
Honest and reasonable mistake
This page offers general information only and is not a substitute for legal advice. Assault laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
