Section 51B of the Crimes Act 1900 (NSW) (the Act) deals with police pursuit offences and is one of the most serious driving-related charges in New South Wales. It is not a simple traffic matter. A conviction can result in imprisonment, lengthy licence disqualification, and loss of employment, particularly where driving is essential for work. Police frequently overcharge this offence where the evidence does not meet the statutory threshold. For that reason, understanding the legal elements and pressure points of section 51B is critical before entering
any plea or making admissions.

Law

Section 51B of the Crimes Act 1900 (NSW) creates the offence commonly known as a police pursuit offence. It applies where a driver fails to stop for police and then drives in a manner that is reckless or dangerous. Therefore, the offence requires more than a failure to stop alone. It combines knowledge of police pursuit, non-compliance, and dangerous driving. Each element must be proved.

Crimes Act 1900 (NSW) s 51B states:

51B Police pursuits
(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 for 3 years, or
(b) in the case of an offence on a second or subsequent occasion—imprisonment for 5 years.
(2) In this section, vehicle has the same meaning as it has in section 52A.

What the prosecution is required to prove ?

First, the prosecution must prove you were the driver of the vehicle. Next, it must prove police officers were in pursuit and required you to stop. Then, it must prove you knew that fact, or ought reasonably to have known it, or had reasonable grounds to suspect it. After that, it must prove you did not stop. Finally, it must prove that after not stopping you drove recklessly or at a speed or in a manner dangerous to others.

That final element is critical. Police must show more than pursuit or delay in stopping. Accordingly, evidence about speed, manoeuvres, traffic, pedestrians, lighting, weather, and road conditions becomes decisive. In practice, prosecutors rely on in-car video, body-worn video, radio logs, and officer observations. Therefore, defence cases often turn on the precision and reliability of that evidence.

Standard of proof

As this is a criminal offence, the prosecution must prove every element beyond reasonable doubt. This standard does not change because police were frustrated or because the allegation sounds serious. Moreover, if a reasonable doubt remains on any element, the court must acquit. The High Court of Australia confirmed this approach in Pell v The Queen (2020) 268 CLR 123. Therefore, a weakness in knowledge, the stop requirement, or the alleged dangerous driving can collapse the case.

Possible defences

Defences depend on the evidence. You may dispute identity and force police to prove you were driving. Alternatively, you may contest knowledge and argue you did not know and could not reasonably have known police were pursuing you or requiring you to stop. You may also argue you stopped as soon as it was reasonably safe. Finally, you may dispute that your driving was reckless or dangerous at all.

Prior history also matters. A second or subsequent offence carries a higher maximum penalty and heavier licence consequences. Therefore, early advice, early disclosure, and early strategy are essential. A proper defence focuses on statutory elements, not police opinions or assumptions.

A section 51B Police Pursuits charge can destroy your licence, your livelihood, and your future if mishandled. Do not plead or speak to police without advice. Pannu Lawyers will analyse the evidence, challenge the police narrative, and target the elements the prosecution must prove. If you want the strongest defence in Western Sydney, contact Pannu Lawyers, the best criminal lawyers in Blacktown.