Failure to comply with a move on direction is a public order offence that commonly arises during incidents in nightlife precincts, protests, or street disturbances. Police have the power to direct a person to leave an area in certain circumstances, refusing to comply with that direct may result in a charge.
Police must follow strict legal guideline when issuing a move on direction. If those requirements are not met, the charge may not be valid.
Our criminal lawyers regularly represent clients charged with failure to comply with a move on direction and frequently succeed in having these matters be dealt with without a conviction.
What is a failure to comply with a move on direction offence?
The offence is dealt with under section 197 of the Law Enforcement (Powers and Responsibility) Act 2002 (NSW).
Under the Act, it is an offence to fail or refuse to comply with a direction given by police to leave a public place and not return for a specified period.
Police may give a move on direction if they believe a person’s behaviour is:
- Obstructing another person or traffic,
- Harassing or intimidating another person,
- Is causing fear to another person,
- Likely to result in violence or damage to property,
- obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.
Section 198 of the Law Enforcement (Powers and Responsibility) Act 2002 (NSW) notes that a police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period. A police officer needs to believe on reasonable grounds that their behaviour is disorderly and may cause a risk.
Additionally, section 198 of the Law Enforcement (Powers and Responsibility) Act 2002 (NSW) notes a person cannot refuse or fail to comply with a direction.
To prove the offence, police must establish beyond reasonable doubt that a lawful move on direction was given, you heard and understood the direction, and you failed or refused to comply with that direction.
Penalties for failing to comply
If you are found guilty of failure to comply with a move on direction offence, you may be penalised the maximum penalty of 2 penalty units, which is currently $220.
More serious charge
In addition to the above penalties, a person can be charged with a more serious charge of the continuation of intoxicated and disorderly behaviour following a move on direction. Â This is governed by section 9 of Summary Offences Act 1988.
How do I beat a charge of failing to comply with a move on direction?
Common defence arguments include:
- The move on direction was not lawfully given,
- Police did not have reasonable grounds to issue the move on direction,
- Insufficient evidence,
- You did not hear or understand,
- You did comply with the direction.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Why choose Australian Criminal Law Group?
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