Police pursuit and Skye's Law in NSW.

What is Skye's Law?

Skye's Law is the common name for the offence of police pursuit in section 51B of the Crimes Act 1900 (NSW). The law is named after Skye Sassine, a 19-month-old girl who was killed on 31 December 2009 when a driver fleeing police crashed into her family's car. Parliament responded with the Crimes Amendment (Police Pursuits) Act 2010 (NSW), which created a stand-alone offence for drivers who refuse to stop and then drive dangerously to get away.

Before 2010, a driver who fled police was usually charged with a general dangerous or reckless driving offence. Section 51B made the act of evading police a distinct crime with its own penalty. The aim was to deter high-speed escapes that put the public at risk. The charge is used often. In the period after the law commenced, hundreds of people were convicted under it and a large share went to prison.

You can read section 51B on the NSW legislation site at legislation.nsw.gov.au.

What must the prosecution prove?

Section 51B sets out four things the prosecution must prove beyond reasonable doubt. Each one matters, because if any element is missing, the charge fails.

First, the accused was the driver of a vehicle. Second, the driver knew, ought reasonably to have known, or had reasonable grounds to suspect that police were in pursuit and that the driver was required to stop. Third, the driver did not stop. Fourth, the driver then drove recklessly, or at a speed or in a manner dangerous to others.

The second element is the one that is often contested. The prosecution has to show the driver was aware of the pursuit. Lights and sirens, a marked car directly behind, or a police direction will usually prove this. But a driver who genuinely did not notice the police, for a short period and in particular conditions, may have an answer on this element. The fourth element also needs care: ordinary speeding is not enough. The driving has to be reckless or dangerous, judged against the conditions at the time.

What is the penalty for police pursuit in NSW?

The maximum penalty for a first offence is 3 years in prison. For a second or subsequent offence, the maximum is 5 years. These are the ceilings set by section 51B. The sentence in any given case depends on the facts and the offender.

Police pursuit is a Table 1 offence under the Criminal Procedure Act 1986 (NSW). That means it usually stays in the Local Court, but either the prosecution or the defence can elect to have it dealt with in the District Court. When the matter stays in the Local Court, the most that court can impose for a single offence is 2 years, because of its general sentencing limit. The District Court can impose up to the full statutory maximum.

A prison sentence is not the only possible outcome. Depending on the case, a court may impose a community correction order, or an intensive correction order served in the community under supervision, or a term of full-time custody. The driving itself drives the result. A short, low-speed failure to stop is treated very differently from a long pursuit through suburban streets at high speed.

Will I lose my licence?

Almost always. Police pursuit is a major offence under the Road Transport Act 2013 (NSW). A conviction brings a licence disqualification on top of any other penalty. The automatic period is 3 years. The court can reduce it to a minimum of 12 months where there is a good reason, for example genuine need of a licence for work or to care for a family member.

The disqualification runs separately from any prison term or community order. For many people the loss of licence is the part of the penalty that affects daily life the most. A second major traffic offence within five years also raises the stakes on any future charge, because the repeat-offence maximum then applies. The same logic affects related charges such as driving while disqualified and the high-range drink driving offence, which is also a major offence.

Do first-time offenders go to jail?

A first offence does not mean an automatic prison term, but custody is a real possibility. Courts treat police pursuit seriously because of the danger to the public, and general deterrence carries weight. That said, the range runs from a community order through to full-time custody, and the result turns on the detail.

The factors that move the outcome include the length and speed of the pursuit, the road and traffic conditions, whether the driver went through red lights or drove on the wrong side, whether other people were placed at risk, and whether there was a crash. The offender's side matters too: a guilty plea, a clean or light record, steady work, genuine remorse, and any mental health or drug treatment already underway. An early plea attracts a sentencing discount and signals that the driver accepts responsibility.

What is the NSW Police pursuit policy?

NSW Police operate under a Safe Driving Policy. Only officers who are certified for the task may engage in a pursuit. They have to weigh the risk to the public against the need to stop the vehicle, and they are expected to call off a chase where the danger is too high. This is why some pursuits are abandoned after a short time.

For a driver charged under section 51B, the police decision to continue or to abandon the pursuit does not decide guilt. The offence looks at the driver's conduct: whether they knew police were after them, whether they failed to stop, and whether they then drove dangerously. A pursuit that police called off can still found a charge if the driver's own driving met the elements before the chase ended.

Can the charge be dropped or reduced?

It can, in the right case. The prosecution can withdraw a charge, or accept a plea to a lesser offence. The common alternative is failing to stop when directed by police under section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). That offence carries a much lower maximum: a fine of 50 penalty units or 12 months in prison, or both.

A reduction to the lesser charge usually depends on a weakness in one of the section 51B elements, most often the proof that the driver knew police were in pursuit, or the proof that the driving was reckless or dangerous rather than merely fast. Written representations to the prosecutor, supported by the evidence, are the way this is pursued. Police body-worn video, in-car video, and the dispatch records often decide whether a defence on an element is real.

Where the evidence is strong and a plea is the sensible course, the focus shifts to sentence. Good preparation can be the difference between full-time custody and a community-based order. That means assembling the subjective case early: references, work history, treatment, and any steps the driver has taken since the day in question.

How police pursuit sits alongside other driving charges.

A pursuit rarely comes alone. The same drive often produces further charges. If the manner of driving caused harm, the driver may also face dangerous driving occasioning grievous bodily harm or, in the worst cases, dangerous driving occasioning death. Driving aimed at a particular person or vehicle can bring a charge of predatory driving. There may be drug or alcohol charges if testing returns a reading.

Where several charges arise from one event, the way they are resolved together matters. The right plea on the right charges, with the others withdrawn or taken into account, can shape the whole outcome. This is work for the early stage of a case, not the day of sentence.

What to do if you are charged.

Get advice before you say anything to police beyond your name and address. Section 51B turns on what the driver knew and how the driving is characterised, and an off-the-cuff account can lock in admissions on the very elements the prosecution has to prove. You are not obliged to take part in a police interview.

Ask for the brief of evidence early. The in-car and body-worn video, the radio logs, and the certificate of the officer's pursuit will show whether the elements are made out. From there the choice is clear: defend an element that the evidence cannot prove, seek a reduction to the lesser charge, or prepare a strong plea. Each path needs the same first step, which is to look hard at the evidence rather than assume the charge is unanswerable.

Frequently asked.

What is the penalty for police pursuit in NSW?

The maximum is 3 years in prison for a first offence and 5 years for a second or subsequent offence, under section 51B of the Crimes Act 1900 (NSW). Because it is a major offence under the Road Transport Act 2013 (NSW), a conviction also brings a licence disqualification. The automatic period is 3 years, reducible to a minimum of 12 months.

Is police pursuit a serious offence in NSW?

Yes. It is one of the most serious driving charges in the state. It carries a real risk of full-time custody and it is a Table 1 offence, so it can be moved to the District Court on election. A conviction also means a criminal record and loss of licence.

Do first-time offenders go to jail for a police pursuit?

Not always, but custody is possible. A first offence can result in a community correction order, an intensive correction order served in the community, or full-time custody. The driving, the plea, and the driver's record decide the result. Strong subjective material and an early plea improve the position.

What is the police pursuit policy in NSW?

NSW Police follow a Safe Driving Policy. Only certified officers may pursue, and they must weigh the risk to the public against the need to stop the vehicle. Police can call off a pursuit where the danger is too high. The driver's liability under section 51B does not depend on whether police kept going or stopped.

Can police pursuit charges be dropped in NSW?

Yes, in the right case. The prosecution can withdraw the charge or accept a plea to a lesser offence, such as failing to stop under section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This usually follows a weakness in an element, or representations that persuade the prosecutor the charge should not proceed.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 28 June 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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