In New South Wales, refusing to stop for police during a pursuit is considered a criminal offence. This offence is outlined under Section 51B of the Crimes Act 1900 (NSW) and applies when a driver refuses to stop for police and then continues to drive in a dangerous or reckless manner.

What Constitutes a Police Pursuit Offence?

Refusal to Stop

The offence begins when a driver knowingly ignores a police signal to stop, or fails to stop in circumstances where they reasonably should have known they were being pursued by law enforcement.

Reckless or Dangerous Driving

Following the failure to stop, the driver must then operate the vehicle in a way that endangers others. Examples include:

• Excessive speeding
• Running red lights
• Swerving through traffic or driving on the wrong side of the road

Penalties for Police Pursuit Offences

The consequences of being convicted are severe and increase for repeat offenders:

For a First Offence:

• Up to 3 years in prison
• Minimum 12-month driver’s licence disqualification

For a Repeat Offence:

• Up to 5 years in prison
• Minimum 2-year driver’s licence disqualification

Legal Implications

Criminal Record

A conviction results in a criminal record, which may affect:

• Employment opportunities
• International travel
• Eligibility for certain professional licenses

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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