Western Australian Numbered Acts

ROAD TRAFFIC (MISCELLANEOUS AMENDMENTS) ACT 2012 (NO. 59 OF 2012) - SECT 11

11 .         Section 61A inserted

                After section 61 insert:

61A.         Reckless or dangerous driving — defence for police officers in certain circumstances

        (1)         It is a defence to a prosecution for an offence against section 59(1)(b), 59A(1)(b), 60(1) or 61(1) if the accused satisfies the court that, at the time of the alleged commission of the offence —

            (a)         the accused was on official duty as a member of the Police Force; and

            (b)         the driving was substantially in accordance with the Commissioner’s policies and guidelines relating to driving, applicable at the time of the driving, and any direction given under such a policy or guideline; and

            (c)         having regard to all of the circumstances of the case, it was reasonable, and in the public interest, for the accused to have driven the motor vehicle in the manner that he or she did.

        (2)         Subsection (1) does not affect the application of any other defence the accused may have.