Failing To Stop For Police

In New South Wales, it is an offence to fail to stop for Police when directed to do so. The maximum penalties for this offence are a fine of $5,500 and/or 12 months imprisonment.

What is Failing to Stop for Police?

The offence of Failing to Stop for Police is regulated under Section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) which states:

1. A person must not, without reasonable excuse – 

1. 1. Fail or refuse to stop a vehicle the person is driving when directed to do so by a police officer under this Division, or
   2. Fail or refuse to comply with any other direction given by a police officer under this Division.

When Can Police Stop a Vehicle?

Section 36A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) grants a Police Officer the power to stop a vehicle if the officer reasonably suspects that the driver or a passenger is committing or has committed an offence.

Police have the power to stop, detain and search a vehicle without a warrant if an officer reasonably suspects the vehicle:

• contains stolen property;
• is being, or was, or may have been, used in an offence;
• contains anything used or intended to be used in an offence;
• is in a public place or school and contains a dangerous item (such as a gun or bomb), that is being, or was, or may have been, used in an offence;
• contains a prohibited plant or drug;
• is in or near a public place or school and there is a serious risk to public safety.

Police also have the power to stop a vehicle at a roadblock they have established. They can have a roadblock set up for up to 6 hours if they suspect on reasonable grounds that:

• a vehicle is being, or was, or may have been, used in an offence;
• there are circumstances in the area that could pose a serious risk to public safety and a roadblock may lessen that risk.

The following acts might constitute Fail to Stop for Police:

• You are directed to stop by a Police Officer who is driving behind you and has put their sirens on, but you continue to drive and do not pull over for Police.
• You drive through a Random Breath Test set-up and do not pull over when directed to do so by Police.

What must be proven?

For a person to be found guilty of Failing to Stop for Police, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were given a direction to stop by Police;
• You knew you had been given the direction to stop;
• You did not stop and did not have a reasonable excuse to stop.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Rights when being Pulled Over by Police

If you have been pulled over, the Police have a right to:

• Ask you for your name and residential address;
• Request to see your drivers licence;
• Conduct a random roadside breath test or a random drug test;
• Question you if they have reasonable grounds to suspect your involvement in an offence;
• Search your vehicle (in limited circumstances).

If you are pulled over by Police, you have a right to:

• Request to see the Police Officer’s formal identification;
• Ask why you have been pulled over;
• Exercise your right to silence (but provide your basic personal details such as your name, DOB and residential address, which is visible on your driver’s licence).

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Failing to Stop for Police

The following defences may be available for a Failing to Stop for Police charge:

• That the direction to stop given by Police was not done so in a clear manner;
• Medical emergency;
• Duress.

Common Questions about Failing to Stop and Assist after Impact Causing Injury

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, depending on the circumstances. 

A Court can impose any of the following penalties for a Failing to Stop and Assist after Impact Causing Injury charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What if I get pulled over by Police and they want to search my car? Can I say no?

Section 36(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) states that a Police Officer has the power to search a vehicle without a warrant if the officer reasonable suspects the vehicle: 

• contains stolen property;
• is being, or was, or may have been, used in an offence;
• contains anything used or intended to be used in an offence;
• is in a public place or school and contains a dangerous item (such as a gun or bomb), that is being, or was, or may have been, used in an offence;
• contains a prohibited plant or drug;
• is in or near a public place or school and there is a serious risk to public safety.

What if I did not stop due to a medical emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.