Offence provisions
It is an offence under section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 to refuse or fail to stop for the police.
It is also an offence to fail to stop a vehicle when the police are in pursuit under section 51B of the Crimes Act 1900.
What is ‘failure to stop’ for police?
The driver of a motor vehicle is required to stop driving if a police officer directs them to do so.
There are many circumstances in which police can ask someone to stop driving, including where they:
- Suspect that they have grounds to arrest, detain or search, the driver or a passenger.
- Suspect on reasonable grounds that the driver or a passenger has committed an offence.
- Are conducting a random breath test or random oral fluid test.
- Have established a road block.
What is ‘failure to stop during police pursuit’?
Failure to stop during a police pursuit occurs when a driver:
- Knows or ought to know that police are pursuing their vehicle,
- Does not stop the vehicle, and
- Drives recklessly or at a speed in a way dangerous to others.
Driving recklessly does not require the driver to collide with another car or cause any harm to another individual. It may simply entail driving faster than the speed limit and taking corners too quickly.
Failure to stop penalties in NSW
If you are charged with failing to stop in NSW, the potential penalties include:
Failure to stop (standard offence)
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $5,500 | $5,500 |
| Maximum years imprisonment | 12 months | 12 months |
Failure to stop during police pursuit
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $110,000 | $110,000 |
| Maximum term of imprisonment | 3 years | 5 years |
| Minimum period of licence disqualification | 12 months | 2 years |
| Maximum period of licence disqualification | 3 years | 5 years |
Consequences of conviction
If you are convicted of failing to stop for police, you will have this offence noted on your criminal record and have your licence disqualified.
The automatic disqualification period will apply unless the court makes a specific order. The court can disqualify your licence for any length of time within the minimum and maximum periods listed above.
These consequences can be avoided if the court applies section 10 of the Crimes (Sentencing Procedure) Act 1999.
Traffic Offender Intervention Program
The court may give a more lenient sentence to a person who participates in the Traffic Offender Intervention Program. This program covers traffic laws and rules, and the potential consequences of breaching the laws. When the course is finished, a certificate will be sent to the court and it can be taken into account in determining the sentence.
