Crimes Amendment (Police Pursuits) Act 2010 (NSW)

An Act to amend the Crimes Act 1900 in relation to police pursuits; and to amend the Criminal Procedure Act 1986 and the Road Transport (General) Act 2005 consequentially.

1Name of Act

This Act is the Crimes Amendment (Police Pursuits) Act 2010.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Crimes Act 1900 No 40

Insert after section 51A:

51BPolice 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.

Schedule 2Amendment of Criminal Procedure Act 1986 No 209

Insert “51B,” after “49A,” in item 1 of Part 1 of Table 2.

Schedule 3Amendment of Road Transport (General) Act 2005 No 11

Insert “, 51B” after “51A” in paragraph (b) of the definition of convicted person in section 188 (1).