There is some confusion surrounding the exact minimum and maximum penalties for evading police that a court may make. 

Under the legislation: 

The minimum penalty is 50 penalty units ($5500) or 50 days imprisonment served wholly in a corrective services facility. 

The maximum penalty is 200 penalty units ($22000) or 3 years imprisonment. 

If you are a member or associate of a criminal organisation: 

Minimum penalty is 100 penalty units ($11000) or 100 days actual imprisonment. 

According to case law: 

The court may impose a period of probation or community service rather than actual jail or a fine of $5,500. 

The is a further mandatory minimum disqualification period of 2 years that a Magistrate must order pursuant to the legislation.  

Mandatory disqualification period of your driver’s licence: 

It is not possible to apply for a work licence or special hardship licence or any other type of authorisation to drive if you are found guilty of Evading Police.  

In Queensland, if a person is convicted of Evading Police, then the court could impose one of the following penalties: 

• Jail (suspended, parole or actual time); 
• Intensive Corrections Order; 
• Probation; 

• Community Service Order; 
• Fines. 

The actual penalty will depend on the specific circumstances including the seriousness of the offence and the individual circumstances and background of the Defendant. 

There are a number of defences available to those charged with evading police. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;

• Necessity;
• Mistake of Fact;
• Public Safety;
• Self Defence or defence of another person;
• Intoxication;
• Provocation;
• Accident;
• Duress;
• Compulsion;
• Insanity;
• Automatism

The charge Evade Police will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.   

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.