Evasion Offence (Evade Police) — Fixed Fee
$3,200 — Fixed Fee
Evasion offence (no aggravation) — Magistrates Court plea — $3,200 fixed Evasion offence (aggravated — at night, violence, in company, property damage, or a prior relevant conviction) — $4,800 fixed Covers : review of the charge and the pursuit evidence, advice on the mandatory minimum penalty and the mandatory 2-year licence disqualification, advice on vehicle impoundment, sentencing submissions, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review the charge, the circumstances of the pursuit, and whether the charge is laid with or without a circumstance of aggravation Full review of the evidence — the QP9, police dashcam or helicopter footage, GPS data, and witness statements Advice on the elements — whether the direction to stop was lawfully given by a police officer using a police service motor vehicle, whether a reasonable person would have stopped in the circumstances, and whether you stopped as soon as reasonably practicable Advice on identity where the driver is disputed — including the owner-driver provisions that apply to evasion as a type 1 vehicle related offence Clear advice on the mandatory minimum penalty — 50 penalty units or 50 days' imprisonment served wholly in a corrective services facility — and what it means for your matter Advice on the mandatory 2-year licence disqualification under s 754(5), including how it interacts with any disqualification on companion charges Advice on vehicle impoundment — evasion is a type 1 hooning offence, and the impoundment applies to the vehicle even if it is not yours Representations to the prosecution where the evidence does not support the charge as laid — including where the aggravating circumstance is not established Sentencing submissions addressing the length and circumstances of the pursuit, the reason for failing to stop, and all mitigating factors Full appearance at the Cairns Magistrates Court If you intend to contest the charge, a defended hearing in the Magistrates Court is a separate engagement — see Summary Hearing ($5,500) . Companion charges — most commonly dangerous operation — are quoted separately.
What You Are Facing
The evasion offence is created by s 754 of the Police Powers and Responsibilities Act 2000 (Qld) . It applies when a police officer, using a police service motor vehicle, directs a driver to stop — and the driver does not stop as soon as reasonably practicable. Evasion is one of the few Queensland offences with a mandatory minimum penalty : 50 penalty units or 50 days' imprisonment served wholly in a corrective services facility. A fine below 50 penalty units is not available. Every conviction also carries a mandatory 2-year licence disqualification under s 754(5) — imposed whether or not any other sentence is imposed, and separate from any disqualification that attaches to companion charges. The maximum penalty is 200 penalty units or 3 years' imprisonment. With a circumstance of aggravation under s 754(3) — the offence was committed at night, the driver used or threatened violence, was or pretended to be armed, was in company, damaged or threatened to damage property, or has a prior conviction for evasion or under s 328A, s 408A or s 427 of the Criminal Code — the maximum rises to 300 penalty units or 5 years' imprisonment. Which court. Evasion is dealt with in the Magistrates Court. The simple offence is a summary offence and stays there. The aggravated offence is a misdemeanour, but under s 754A it must be heard summarily if the prosecution elects — and in practice it is. The only path to the District Court is the rare case where the Magistrates Court abstains because it considers its sentencing powers inadequate; the matter then proceeds as a committal. An evasion offence is also a type 1 hooning offence — for a first offence the vehicle may be impounded for 90 days, and the impoundment attaches to the vehicle even where it is borrowed. For the full legal analysis of the offence, the defences, and the companion charges, see the Evade Police practice area page .
What Changes the Outcome
Whether the elements are established. The direction must have been given by a police officer using a police service motor vehicle, in the exercise of a power under an Act. The test is whether a reasonable person would have stopped in the circumstances — and whether you stopped as soon as reasonably practicable. A brief delay while finding a safe place to pull over is very different from a sustained pursuit. Because the mandatory minimum removes any soft sentencing outcome, a defence that is genuinely open is particularly valuable. Whether you were the driver. Pursuits that end with an abandoned vehicle raise identity issues. The type 1 vehicle related offence provisions can deem the registered owner to be the driver unless the owner responds to a police notice — how that notice is handled matters, and it should be handled with advice. Whether the aggravating circumstance is properly established. Each circumstance of aggravation must be proved. Where night-time, company, or a prior conviction is not established on the evidence, the charge should proceed — and be sentenced — at the lower tier. The pursuit itself. The length, speed, and manner of driving, whether anyone was endangered, and the reason for failing to stop all shape where the sentence falls between the mandatory minimum and the maximum. Companion charges. Evasion is almost always charged alongside dangerous operation , and each charge carries its own penalty and disqualification consequences. Managing the total disqualification and penalty exposure across all charges is a central part of the sentencing work. Early plea and cooperation. An early guilty plea and cooperation after the event are recognised mitigating factors.
FREQUENTLY ASKED QUESTIONS
What is the minimum penalty for an evasion offence? Section 754 of the Police Powers and Responsibilities Act 2000 (Qld) carries a mandatory minimum of 50 penalty units or 50 days' imprisonment served wholly in a corrective services facility — the court cannot impose a fine below that minimum. Every conviction also carries a mandatory 2-year licence disqualification. Will my matter go to the District Court? Almost never. The simple evasion offence is a summary offence dealt with in the Magistrates Court. The aggravated offence is a misdemeanour, but under s 754A it must be heard summarily if the prosecution elects — which is the ordinary course. The District Court is only reached in the rare case where the Magistrates Court abstains because it considers its sentencing powers inadequate for the offence. Can I get a work licence? No. A work licence is only available for certain drink driving offences under the Transport Operations (Road Use Management) Act 1995 (Qld). It is not available for the mandatory 2-year evasion disqualification, and a special hardship order is not available either. If you rely on your licence for work, that consequence needs to be planned for from the outset. Will my car be impounded? An evasion offence is a type 1 vehicle related offence under the PPRA hooning provisions. For a first offence the vehicle may be impounded for 90 days, with towing and storage costs falling on the owner. The impoundment applies to the vehicle involved — so a borrowed car is impounded even though it is not yours. What if I did not realise it was the police? The test is whether a reasonable person would have stopped in the circumstances, and the section provides that taking action to avoid being intercepted is sufficient evidence of the offence. A mistaken belief that the vehicle was an ambulance or fire vehicle only assists if you prove, on the balance of probabilities, that a reasonable person would have believed the same. If you genuinely could not have perceived the direction — and the objective circumstances support that — the element may not be established.