sec.754Evasion offence

### sec.754 Evasion offence This section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving. The driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances. Minimum penalty—50 penalty units or 50 days imprisonment served wholly in a corrective services facility. Maximum penalty— if a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or otherwise—200 penalty units or 3 years imprisonment. For subsection (2) , maximum penalty, paragraph (a) , it is a circumstance of aggravation that— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; or has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 . An offence against subsection (2) with a circumstance of aggravation under subsection (3) is a misdemeanour. If a court convicts a person of an offence against subsection (2) , the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for 2 years. For subsection (2) , it is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer. Also, for subsection (2) it is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle. This section does not limit section 60 . In this section— emergency vehicle means a motor vehicle driven by a person performing functions as an ambulance officer or fire officer who drives the motor vehicle in the course of the person’s duties as an ambulance officer or fire officer for any of the following— the Queensland Ambulance Service; an ambulance service of another State; Queensland Fire and Rescue under the Fire Services Act 1990 ; Rural Fire Service Queensland under the Fire Services Act 1990 ; a fire brigade or service of another State. sentence see the Penalties and Sentences Act 1992 , section 4 . s 754 ins 2006 No. 26 s 79 amd 2012 No. 19 s 21 ; 2013 No. 45 s 64 ; 2014 No. 17 s 111 ; 2014 No. 43 s 20 ; 2016 No. 62 s 307 ; 2018 No. 20 s 38 ; 2021 No. 9 s 11 ; 2023 No. 11 s 15 ; 2024 No. 24 s 57 sch 1 pt 2; 2024 No. 22 s 92 sch 1 (sec.754-ssec.1) This section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving. (sec.754-ssec.2) The driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances. Minimum penalty—50 penalty units or 50 days imprisonment served wholly in a corrective services facility. Maximum penalty— if a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or otherwise—200 penalty units or 3 years imprisonment. (sec.754-ssec.3) For subsection (2) , maximum penalty, paragraph (a) , it is a circumstance of aggravation that— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; or has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 . (sec.754-ssec.4) An offence against subsection (2) with a circumstance of aggravation under subsection (3) is a misdemeanour. (sec.754-ssec.5) If a court convicts a person of an offence against subsection (2) , the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for 2 years. (sec.754-ssec.6) For subsection (2) , it is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer. (sec.754-ssec.7) Also, for subsection (2) it is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle. (sec.754-ssec.8) This section does not limit section 60 . (sec.754-ssec.9) In this section— emergency vehicle means a motor vehicle driven by a person performing functions as an ambulance officer or fire officer who drives the motor vehicle in the course of the person’s duties as an ambulance officer or fire officer for any of the following— the Queensland Ambulance Service; an ambulance service of another State; Queensland Fire and Rescue under the Fire Services Act 1990 ; Rural Fire Service Queensland under the Fire Services Act 1990 ; a fire brigade or service of another State. sentence see the Penalties and Sentences Act 1992 , section 4 . - (a) if a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or - (b) otherwise—200 penalty units or 3 years imprisonment. - (a) the offence is committed in the night; or - (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property; or (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 . - (i) uses or threatens to use actual violence; or - (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or - (iii) is in company with 1 or more persons; or - (iv) damages, or threatens or attempts to damage, any property; or - (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 . - (i) uses or threatens to use actual violence; or - (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or - (iii) is in company with 1 or more persons; or - (iv) damages, or threatens or attempts to damage, any property; or - (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 . - (a) the Queensland Ambulance Service; - (b) an ambulance service of another State; - (c) Queensland Fire and Rescue under the Fire Services Act 1990 ; - (d) Rural Fire Service Queensland under the Fire Services Act 1990 ; - (e) a fire brigade or service of another State.