Police pursuits in New South Wales

• Published date: 24 August 2021
• Subject Matter: Criminal Law, Crime
• Law Firm: Lamont Law

The offence of police pursuits ("Skye's law") in New South Wales was introduced by the Crimes Amendment (Police Pursuits) Bill 2010 as a result of the death of a toddler named Skye Sassine in 2009 who was killed by the vehicle of two armed robbers which collided with her parents' vehicle during a police pursuit.

A specific offence was introduced into the Crimes Act 1900 (NSW) to target persons who participate in police pursuits while driving in a reckless or dangerous manner and to ensure the imposition of tougher penalties on criminals who have engaged in dangerous high-speed pursuits.

The legislative provision encouraged the New South Wales Police Force to conduct comprehensive reviews of the guidelines governing police pursuits so as to ensure that any pursuits carried out in the future were carried out to avoid like situations, whilst also ensuring that any offenders were apprehended for flouting legislative provisions.

Pursuant to s 51B of the Crimes Act 1900 (NSW):

"(1) The driver of a vehicle -

(a) who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and

(b) who does not stop the vehicle, and

(c) who then drives the vehicle recklessly or at a speed or in a manner dangerous to others.

Is guilty of an offence.

Maximum penalty -

(a) in the case of a first offence - imprisonment...