If you are drunk in a public place, a police officer may issue you with a direction to leave the place and not return for a specified period of time. A police officer may issue this move on direction if they believe that you are likely to cause injury or damage to any person or property or you are disorderly.
This is an offence found under sections 198 and 199 of the Law Enforcement (Powers and Responsibilities) Act 2002.
If you are issued with a move on direction you must not return to that area for up to 6 hours after the direction is given.
An example of this offence is after being told by a police officer to move on from a pub or club.
To determine if you are drunk, the Police will look to see if your speech, balance, co-ordination or behaviour is noticeably affected and the affects appear to be the result of drinking alcohol.
To prove that you have failed to move on, the prosecution must establish that you persisted, after the direction was given, to engage in the drunken behaviour.
Defence For Move On Direction Charges
- There are no reasonable grounds to suggest you are intoxicated; and
- Lawful reason for being in the public place;
- Necessity; and
- Self Defence.
The maximum penalty that you can receive if convicted of this offence is a fine of $2200.
If you have been charged with a failure to comply with direction, you need honest and realistic advice from a specialist criminal lawyer who will obtain the best result for you.
Contact Benjamin & Leonardo Criminal Defence Lawyers and get your first conference FREE.