Evading a police pursuit, commonly known as Skye's Law, carries up to 3 years' imprisonment under section 51B of the Crimes Act 1900, rising to 5 years with aggravating factors, plus an automatic licence disqualification.
Get experienced advice before your first court date to protect your licence and your future — this is one of the few driving offences where a court has almost no power to avoid a disqualification altogether.
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Evading police pursuit under section 51B of the Crimes Act 1900(NSW), commonly known as Skye's Law, carries a maximum penalty of 3 years' imprisonment, rising to 5 years where aggravating factors apply, such as intoxication, excessive speed, or a collision. A conviction also triggers an automatic licence disqualification, which a court has only limited power to reduce.
Section 51B of the Crimes Act 1900(NSW), introduced as "Skye's Law" following the death of a young girl in a pursuit-related crash, criminalises driving in a manner that evades, or attempts to evade, a police pursuit.
NSW Police operate under a formal pursuit policy that requires officers to weigh the risk of continuing a pursuit against the seriousness of the alleged offence, and pursuits are often terminated or later reviewed against that policy. Whether the pursuit was properly authorised and conducted isn't a defence to the charge itself, but the surrounding evidence it generates — timing, distances, speeds and radio communications — is often exactly what a case turns on.
Skye's Law was introduced specifically to give police and the courts a dedicated offence for this conduct, separate from general dangerous or negligent driving charges, in recognition of the particular danger that a fleeing driver poses to other road users, pedestrians and the pursuing officers themselves. It is frequently charged alongside dangerous or negligent driving where the manner of driving during the pursuit itself caused a risk or an actual collision.
A police officer in a vehicle may pursue a vehicle whose driver fails to stop when directed to do so, and a driver who drives in a manner that evades, or attempts to evade, that pursuit is guilty of an offence.
— Section 51B, Police Pursuits (Skye's Law)
Unlike most driving offences, this charge carries a mandatory disqualification component that a court cannot simply waive, which sets it apart from almost every other matter in NSW traffic law. That makes an early, careful assessment of the actual evidence of pursuit and evasion especially important, since it can be the difference between a manageable outcome and years without a licence. It is also one of relatively few driving matters that can result in a criminal, rather than purely traffic, record.
Also charged with reckless or high-speed driving? See our dangerous driving lawyers Sydney page.
| Category | Maximum Penalty | Court | Licence Consequence |
|---|---|---|---|
| Basic offence (s51B(1)) | 3 years imprisonment | Local Court (may be elected to the District Court) | Automatic disqualification on conviction |
| Aggravated circumstances (s51B(2)) | 5 years imprisonment | Local or District Court | Automatic disqualification, longer periods considered |
| Repeat offence | Up to 5 years imprisonment | District Court more likely | Substantially longer, potentially extended disqualification |
Aggravating factors, and any prior relevant history, drive both the sentencing exposure and the length of any licence disqualification a court will consider. Because the disqualification is automatic on conviction, the outcome of the charge itself — whether it results in a conviction at all — is often the single biggest factor in protecting your ability to drive.
These charges are fact-heavy, and the details of exactly how the pursuit began and unfolded matter enormously. Our lawyers scrutinise the circumstances of the pursuit to establish valid legal defences, which may include:
If the police vehicle was unmarked, poorly signalled, or the direction to stop was unclear, you may not have known, and had no reason to know, that you were being pursued by police. Dash-cam and CCTV footage is often central to resolving this issue.
A brief, genuine delay while you found a safe place to stop is different from sustained conduct intended to evade police, which is what the offence actually requires. The duration and manner of the pursuit are both relevant to this argument.
Where the vehicle involved is disputed, or you were not the driver at the time, this goes to the heart of the prosecution case and can be tested at hearing using registration, location and witness evidence.
In rare cases, a genuine and immediate threat to your safety, requiring you to keep driving to a safe location before stopping, may be relevant, though courts scrutinise this defence closely.
Given the mandatory licence disqualification a conviction carries, it's worth understanding exactly how this process runs from charge through to sentencing, and where the key decision points lie.
These matters typically move through the court system faster than more complex indictable charges, but the stakes at each stage remain high because of the mandatory disqualification involved. Getting the right advice from the outset — including on whether to contest the charge, negotiate the aggravating allegations, or focus on minimising the sentence — shapes the entire trajectory of the case.
You are charged, often alongside dangerous or negligent driving charges, and a bail decision is made, which can be contested given road safety concerns raised by police.
The matter begins in the Local Court, where the police brief, including any dash-cam or pursuit footage, is served and a timetable for the matter is set.
Your lawyer reviews the footage and evidence of knowledge and manner of driving, and can negotiate with prosecutors over the charges and any aggravating allegations before a plea is entered.
Contested basic matters can be heard in the Local Court; aggravated or elected matters are committed to the District Court for trial or sentence.
The court determines the sentence and the length of the automatic licence disqualification, taking into account the circumstances of the pursuit, any injury caused, and your record.
Police pursuit charges carry consequences that go well beyond a single court date, given the mandatory disqualification involved, so getting experienced advice immediately after being charged is critical to protecting your licence and your record.
We act quickly to prepare and run bail applications where a police pursuit charge is contested, addressing road safety concerns raised by the prosecution directly.
We scrutinise dash-cam and pursuit footage for evidence of whether you actually knew police were behind you, and how the pursuit actually unfolded.
We provide transparent, fixed-fee structures wherever possible for these matters, from the first mention through to sentencing.
Charged after an incident overnight or on a weekend? We are always available for urgent advice, including at the police station, whatever time the call comes in.
Also facing a dangerous driving charge from the same incident? See our dangerous driving page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
