Failing to stop when directed by police is an offence in New South Wales. It is governed by Section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), and carries penalties ranging from fines to imprisonment and licence disqualification.

Failing to Stop

Under Section 39 of LEPRA, a driver must not, without a reasonable excuse, refuse or fail to stop a vehicle when directed to do so by a police officer. Police must also provide a clear warning that the driver is required by law to comply with their direction.

Penalties for Failing to Stop

Failure to Stop:

• Maximum penalty of 50 penalty units
• Up to 12 months imprisonment
• Licence disqualification

Failure to Stop During a Police Pursuit:

• Up to 3 years imprisonment for a first offence
• Up to 5 years imprisonment for subsequent offences

Consequences of a Conviction

A conviction for failing to stop has lasting consequences. It may result in:

• A criminal record
• A mandatory licence disqualification period

Consideration

In some cases, a driver may be eligible to participate in a Traffic Offender Intervention Program (TOIP). This program is designed to educate offenders on road safety and may be taken into account by the court.

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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