NCJ Number
235842
Date Published
June 2011
Length
95 pages
Annotation
After presenting an overview of Queensland (Australia) "evade police" legislative provisions, this report assesses whether and how these provisions are being implemented by police, and recommends improvements.
Abstract
Chapter 22 of the Police Powers and Responsibilities Act 2000 (PPRA) establishes an offense called an evasion offense. These provisions apply in any situation in which a police officer in a vehicle directs the driver of another vehicle to stop and the driver fails to do so, whether or not the offense may permit a pursuit under the restrictive policy. This means that police can enforce the provisions instead of a pursuit, after a pursuit, or when pursuit is not permitted. This permits the police to identify the driver at a later stage. In allowing the driver to flee without a pursuit, the police do not contribute to the inherent danger of a pursuit. The "evade police" provisions provide a court with the ability to impose a significant statutory penalty ($20,000 or 3 years imprisonment) and the power to impound or forfeiture the motor vehicle. The current study found that the rate of police pursuits has declined by 56 percent over the past 11 years; and the "evade police" provisions and restrictive pursuit policy were among a range of factors that reduced police pursuits; however, police are generally not using these provisions as an alternative to pursuit. In 74 percent of such cases, police choose to engage in a pursuit when permitted to do so under the restrictive pursuit policy. For any additional reduction in police pursuits, police must use the "evade police" provisions instead of a pursuit, even if restrictive pursuit policy permits it. This report presents 13 recommendations for improving community safety by reducing the need for police to pursue fleeing drivers and providing police with appropriate tools for identifying fleeing drivers. 28 references and appended supplementary information