QUEENSLAND OFFENCES
FAIL TO STOP/EVADE POLICE
The charge of Fail to Stop or Evade Police in QLD is extremely serious as the Queensland Government has introduced some of the strictest legislation of all states.
Section 754 of the Police Powers and Responsibilities Act 2000 provides that to be charged with evading police the driver of a motor vehicle must have failed stop the motor vehicle as soon as reasonably practicable after a police officer has directed them and a reasonable person would have stopped the motor vehicle in the circumstances.
Generally the offence would occur when a police officer in a police vehicle gives a direction to a driver to stop who fails to do so within a reasonable time and has evaded the police intercept.
The Penalty
Parliament's intent to incarcerate for evading police has led to legislative changes, creating uncertainty around the exact penalties. Initially, penalties were:
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Minimum: 50 penalty units.
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Maximum: 200 penalty units or 3 years imprisonment.
After a 2013 court ruling allowed for probation without a fine, the law was revised to:
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Minimum: 50 penalty units or 50 days in jail.
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Maximum: 200 penalty units or 3 years imprisonment.
Despite the revision, courts have since allowed probation or community service, bypassing jail or the $5,500 fine, making outcomes unpredictable. Evading police charges should be taken very seriously, necessitating consultation with a specialist Driving Defence Lawyer.
Can I Defend The Charge?
Some possible defences you may have include:
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You stopped the vehicle as soon as practical;
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A reasonable person would not have stopped (or been able to stop) the vehicle, all circumstances considered;
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The officer was not in a police vehicle at the time the direction to stop was given;
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It was not you driving the vehicle;
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The direction to stop was not clear and you did not realise you were directed to stop.