Failing to Stop for Police Offences and Penalties in South Australia (SA)

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In South Australia, it is the obligation of every driver to pull their vehicle over whenever the police give the order. Primarily, this provides the opportunity for the police to enforce traffic laws.

For instance, the police can determine if a person is driving under the influence and subsequently prevent the furtherance of the offence.

As such, failing to stop for the police is an offence with its consequence. The rules and sanctions regarding failing to stop for the police are present in the Road Traffic Act 1961 (SA).

This article will delve into the law on failing to stop the vehicle after the police have given the order. It will discuss the penalties and possible defences for this crime and the court that handles the trials.

If an individual is convicted for a failing to stop for police offence, the offence will show up as a disclosable court outcome (DCO) on a police check.

What the Law Says on Failing to Stop for the Police

The Road Traffic Act 1961 empowers the police to carry out the following actions:

#1. Direct a Vehicle to Stop For the Purpose of Exercising Other Powers

Section 40H of the Road Traffic Act 1961 (SA) states that the police have the authority to:

• First, order a driver of a vehicle to stop the vehicle.
• Second, direct a driver not to move a vehicle from a particular spot.
• Third, instruct a driver not to operate any equipment in or on the vehicle.
• Finally, order a driver against interfering with a load on or in a vehicle.

Also, section 40H(2) of the Road Traffic Act 1961 establishes that upon receiving the order to stop the vehicle, a driver must do so as soon as practicable. Going against any of these directions attracts a fine of $5000.

Nevertheless, the court will only convict a person for an offence in this section after the prosecution has established that:

• The accused person drove a vehicle on the road.
• The accused received a directive from the police.
• The accused was aware of an instruction the police gave.
• The defendant refused to comply with the instruction.
• The accused has no legitimate excuse for refusing to comply with the order.

#2. Stop and Inspect Vehicle on the Road or Certain Official Premises

Section 40Q of the Road Traffic Act 1961 (SA) allows the police to inspect a vehicle on the road or official premises. The inspection can occur even when the driver is not present in the vehicle. There are several reasons why police can carry out an inspection. These reasons are :

• To determine the weight or size of the different parts of the vehicle.
• Second, to check and record the written details regarding specifications, capabilities, e.t.c.
• Third, to check up and download information on a vehicle.

#3. Stop and Search Vehicles on the Road or Certain Official Premises

Section 40R of the Road Traffic Act 1961 empowers the police to search vehicles on certain official premises to ensure compliance with rules and regulations. According to this section, a police officer can search a vehicle whether or not a person is present in the vehicle if they believe that:

• Somebody has used or is likely to use the vehicle to commit a traffic offence.
• A person has had an accident with the vehicle.

In this section, a search can involve the police carrying out the following action:

• Searching for evidence to determine if a driver has committed a traffic offence.
• Inspection of records, devices or loads on or inside the vehicle, and the vehicle's parts.
• Taking a device or equipment in/on a vehicle or copies of crucial driving documents for further inspection

The Court that Handles the Trials for Failing to Stop for the Police

There are three primary courts in South Australia. These courts are the Magistrate, District and Supreme courts.

The Magistrates courts handle most of the less severe offences, such as failing to stop after the police have given the order.

However, the District and Supreme courts conduct trials of severe crimes. It is important to note that while the District and Supreme courts have a jury, the magistrate does not require a jury.

The Possible Defences for Failing to Stop for the Police

There are some defences a person can use when faced with a charge of failing to stop after the police have given the order. Some of these defences are:

There are different signals the police give when trying to stop a vehicle. These signals could involve headlights, the siren and the red and blue flashing light on their service vehicle. If a defendant was not aware of any of the signs the police have, they might have a defence.

A mistake of fact defence applies when the accused did not know that an order was coming from a police officer. This ignorance could be because the police had no means of identification. It could also be that the police officer was not using their service vehicle when they gave the order.

A defendant could claim duress if they refused to stop the vehicle because of a threat they received from someone. This threat may involve physical harm. However, this defence depends on the ability to convince the court that there was no other option but to commit the offence.

Some emergencies could require a person to continue driving after receiving an order to stop the vehicle. An example of these situations is if a person is trying to get to a hospital for immediate medical attention.

The Rights of a Person Pulled Over By the Police

Although the law gives the police the power to stop vehicles, this authority has some limitations. These limitations are the right of the person pulled over. A person pulled over has the right to:

• Request for a means of identification from the police.
• Ask for the reason why the police have stopped their vehicle.
• Refuse to answer specific questions without an attorney, especially questions relating to a crime.

Bottom Line

Getting convicted for failing to stop for the police could leave a person with a criminal record. A criminal record can limit a person's access as they will be unable to apply for some jobs or travel to some countries. Therefore, a person must seek legal advice or representation when accused of failing to stop.

Will a failing to stop for police offence show up on a nationally coordinated criminal history check?

If an individual is found guilty of a failing to stop for police offence, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal background check.

Individuals can obtain a Nationally Coordinated Criminal History Check online via the Australian National Character Check - ANCC® website.

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