On 7 June 2022, three men faced Court following an alleged police pursuit the previous night. The police officers, who were from Blacktown Traffic and Highway Patrol, allegedly attempted to stop a Nissan Dualis at around 10pm on 6 June 2022. The vehicle was found abandoned, and two men (aged 25 and 26) were allegedly caught hiding in a backyard near the vehicle.

Police allegedly used road spikes in an attempt to stop the vehicle, however a police chase ensued after the vehicle failed to stop. Upon locating the vehicle, Police utilised the Dog Unit. Police then found a third man (aged 33) being detained in a garden shed by an elderly civilian with a pitchfork. The elderly civilian was an occupant of a nearby property.

All three men were arrested and taken to Mt Druitt Police Station and were refused bail to appear at Mt Druitt Local Court.

Where do the Police get their powers from and what does the law say?

Failing to stop for police is a serious offence.

Section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Act (“the Act”) states that a driver must not, without reasonable excuse, fail or refuse to stop the vehicle when directed by a police officer, or fail or refuse to comply with any other direction given by a police officer.

Section 36A of the Act states that a police officer may stop a vehicle if the police officer suspects on reasonable grounds that the driver or passenger is a person over whom the police officer can exercise a power of arrest, detention or search.

The instances in which a police officer can do this can vary. Some of these circumstances include a reasonable suspicion by the police that:

1. That the driver or a passenger was involved in the commission of an offence,
2. That the driver of a passenger poses a threat to public safety,
3. That the driver or a passenger is in possession of an illicit substance,
4. That the driver or a passenger is in possession of stolen property (or, that the vehicle itself is stolen property),

Section 21 of the Act gives police the power to search persons, and to seize and detain things without a warrant, provided there are reasonable grounds to do so. Reasonable grounds may include:

1. the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
2. the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
3. the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
4. the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

What must the Prosecution prove to establish this offence?

The prosecution must prove beyond reasonable doubt that:

1. The police had given an indication or signalled for the driver of the vehicle to stop;
2. The driver knew that the police had given them the direction; and
3. The driver did not stop and did not have a reasonable excuse for not stopping.

What are the penalties for failing to stop for Police?

The maximum penalty is a fine of 50 penalty units which amounts to $5,500, or 12 months imprisonment, or both.

Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. If you are looking for the best Criminal Lawyers, then we are the best fit for you. Call our office on 02 9920 1787.