Tasmania To Introduce Stronger Penalties For Evade Police Offences

“Evading police has emerged as a significant problem for Tasmania Police and the whole Tasmanian community, and our changes will allow a more common-sense approach in line with community expectations.

Importantly, the Bill will amend the Youth Justice Act 1997 to include evading police as an offence for which a youth may be dealt with as an adult.

There are far too many young people who are choosing to evade police, and our changes will send the right message to stamp out this behaviour before it ends in tragic circumstances.”

“… there is a significant disparity in penalties for a driver who evades police and is apprehended later, compared to a driver who stops and faces the immediate consequences of their behaviour.

In many cases, in Tasmania, penalties issued by the courts have historically been well below the statutory maximum penalties. Consequently, drivers who stop and face the consequences of their actions receive a higher penalty than drivers who evade police. It appears that the ‘gap’ between the two is encouragement for drivers to evade police. There needs to be a more significant deterrent, as drivers should not see any advantage in evading police, and repeat offenders should be discouraged from undertaking a cost benefit analysis of not stopping.”

• A first occasion offence will result in a fine ranging from 10 – 100 penalty units or up to two years imprisonment and driver licence disqualification for a period of 6 months to 4 years;
• A second occasion offence will result in a fine ranging from 20 – 100 penalty units or up to two years imprisonment and driver licence disqualification for a period of 12 months to 5 years; and
• A third or subsequent occasion offence will result in a fine ranging from 20 – 100 penalty units or between 6 months and two years imprisonment and driver licence disqualification for a period of 12 months to 5 years.

• The vehicle being driven is stolen;
• The vehicle is driven recklessly or negligently;
• The driver has alcohol or an illicit drug present in their breath or blood, in contravention of the Road Safety (Alcohol and Drugs) Act 1970;
• The driver has his or her driver licence suspended, cancelled or they were disqualified from driving; or
• The driver is taking action to avoid police as a result of committing an Appendix A or B crime under Criminal Code Act 1924, has breached a Police or Family Violence Order or is contravening a bail order.

“Currently, police rely on the service of a notice to the owner or registered operator of the vehicle which requires that person to disclose the identity and whereabouts of the driver at the time the offence was committed. Where the owner or registered operator of the vehicle chooses to not comply with the notice, and are subsequently charged for that offence, police must prove that the owner failed to take all reasonable steps to obtain that information.

The amendments to the driver demand legislation contained within Police Offences Act 1935, would require the owner or registered operator to establish to the court that he or she has taken all reasonable steps to ascertain the information required in respect to a driver demand.

This ‘reverse onus’ provision will enhance the capability of police to properly investigate evading police offences, identify offending drivers and correctly balances reasonable law enforcement efforts with the rights of the owner.”