Legal Question in Criminal Law in Australia

What different areas of Law (eg. Criminal Law, Tort Law, Constitutional Law, etc.) are involved and related in a case where police are caught speeding (with a speed camera)? While Escorting Entertainers to a Concert because they were running late.

Actual Article (Very Short)

http://au.news.yahoo.com/thewest/a/-/breaking/12169615/police-sped-while-escorting-cold-chisel/


Asked on 3/14/12, 7:40 am

1 Answer from Attorneys
Ugur Nedim Sydney Criminal Lawyers

Criminal Law would be the main area of law involved in the above scenario. In NSW the relevant legislation would be section 305 of the Road Rules 2008 which exempts drivers of police vehicles from the road rules if:

(a) in the circumstances:

(i) the driver is taking reasonable care, and

(ii) it is reasonable that the provision should not apply, and

(b) if the vehicle is a motor vehicle that is moving�the vehicle is displaying a blue or red flashing light or sounding an alarm.

Interestingly, even if the police driver were found to be exempt from the road rules and death or injury occurred. There would still remain the possibility of charging the officer with dangerous driving under s 52A of the Crimes Act.

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Answered on 12/04/12, 11:14 pm


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