Continuing Behaviour after a Move-On Direction
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Move On Directions in NSW
A move-on direction is a warning, not a conviction, but ignoring it can quickly turn into one. Police in NSW can direct a person to leave an area if their behaviour is causing a public nuisance, such as being intoxicated or disorderly in public. If the same conduct continues within six hours, it can become a criminal charge. At Best Criminal Lawyers Sydney, we help clients understand exactly where they stand and what their options are.
Most people who receive a move-on direction never hear about it again. The direction does its job, and the situation de-escalates. Problems arise when the same behaviour continues, or when the person returns to the area before the direction has expired. At that point, what started as a warning can turn into a formal charge under NSW law.
What Type of Conduct Might Trigger a Move On Direction?
For police to lawfully issue a move-on direction, your conduct generally needs to fall within the broad category of “public nuisance” even though no actual crime has been committed yet. Common examples include:
- Being intoxicated and behaving in a way that’s likely to cause fear, annoyance or embarrassment to others
- Obstructing pedestrians, traffic or access to a public place
- Loud, aggressive or disorderly conduct in a public setting
- Loitering in a way that’s causing genuine concern to others nearby
The direction is essentially police using their discretion to defuse a situation before it escalates into an offence.
Case Study
What Legislation Applies?
Two key pieces of NSW legislation govern move-on directions:
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – sets out the powers police have to issue a move-on direction, provided there are reasonable grounds to believe it’s necessary.
Summary Offences Act 1988 (NSW) – this is where the actual offence and penalty sit. Under section 9, if a person engages in the same conduct again within 6 hours of being given a direction, they can be charged, and the maximum penalty is 15 penalty units.
You can find further details on police powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (commonly referred to as LEPRA).
Case Study
What Type of Offence Results From a Move On Direction?
In most cases, breaching a move-on direction leads to a summary offence, typically drunk or disorderly conduct, dealt with in the Local Court. Occasionally, if the underlying behaviour escalates into something more serious, such as an assault or property damage, it may be charged as an indictable offence instead. Either way, any charge stemming from a move-on direction should be taken seriously and treated as a genuine criminal law matter.
Do I Need Legal Advice?
Yes. Even though these charges are often treated as minor, a conviction can still affect your record, employment prospects and, for some people, visa or licensing conditions. A lawyer can assess whether:
- The direction itself was lawfully given
- Police followed the correct procedure when issuing the direction or making the arrest
- There’s a reasonable excuse defence available on your specific facts
- The evidence relied on (including footage) actually supports the charge
There are cases where police haven’t followed the correct process, which can result in a charge being withdrawn or dismissed, but this is the exception, not the rule, so proper legal advice is essential.
Case Study
Can I Be Charged Based on Social Media or Phone Footage?
Almost everything that happens in public these days ends up recorded on someone’s phone. If footage of your conduct is posted online, shared, or handed to police, it can be used as evidence provided it can be established that you’re the person shown and that it supports the elements of the charge. Don’t assume that because time has passed, footage can’t resurface and lead to a charge later.
What Is “A Person of Reasonable Firmness”?
This is a legal test used to assess whether conduct amounts to disorderly behaviour. It asks whether an ordinary, reasonable person, not someone unusually sensitive or unusually tolerant, would feel genuine fear, alarm or distress in response to the conduct in question. If a person of reasonable firmness would be afraid or seriously troubled by the behaviour, it’s more likely to be treated as disorderly conduct warranting a direction or charge.
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Frequently Asked Questions
How many penalty units could I receive?
How long does a move-on direction last?
Can I be charged based on social media or CCTV footage?
Is legal help available for Aboriginal or Torres Strait Islander people?
Yes. The Aboriginal Legal Service (NSW/ACT) provides free or subsidised legal help, including for matters involving move-on directions and public order offences.
Disclaimer: The information above is general in nature and does not constitute legal advice. Penalties referred to are maximum penalties only; every matter is assessed by the courts on its own facts. Speak to one of our criminal defence lawyers for advice specific to your situation.
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