Elements
To convict an individual under the so called “Skye’s law”, the prosecution must prove all the following elements beyond a reasonable doubt:
- That the individual drove a vehicle
- That individual knew or reasonably should have known that they were being pursued by the police
- That the individual did not stop after they realised that the police were in pursuit
- That the individual then drove recklessly or at a speed or in a manner that is dangerous to others.
Penalties
If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence.
| First traffic offence in 5 years | Second or subsequent driving offence | |
| Maximum Penalty | Incarceration of three years | Incarceration of 5 years |
| Automatic disqualification period | 3 years | 3 years, with a possible reduction to 12 months |
Alternative penalties that the court can impose also include:
- Fine
- Community Correction Order
- Intensive Correction Order
- Prison.
