Section 9 Summary Offences Act – Continuation of Intoxication Following Move On Direction


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The Legislation

Section 9 of the Summary Offences Act 1998 (NSW) is the criminal offence of Continuation of Intoxication Following Move On Direction and is stated below.

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9 Continuation of intoxicated and disorderly behaviour following move on direction

(1) A person who:
(a) is given a move on direction for being intoxicated and disorderly in a public place, and
(b) at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place,
is guilty of an offence. Maximum penalty: 6 penalty units.

(2) For the purposes of this section, a “move on direction” is a direction given to a person by a police officer, under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002, to leave a public place and not return for a specified period. The maximum period for which a person can be directed not to return to a public place is 6 hours. It is a requirement under section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 that the police officer warn a person given a move on direction for being intoxicated and disorderly in a public place that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the move on direction is given.

(3) In proceedings for an offence against this section, it is necessary to prove that a move on direction was given within 6 hours before the person was found to be intoxicated and disorderly in a public place, but it is not necessary to prove that the person contravened the move on direction by being so intoxicated and disorderly in the public place at the time concerned.

(4) A person cannot be proceeded against or convicted for both an offence against this section and an offence against section 199 of the Law. Enforcement (Powers and Responsibilities) Act 2002 (Failure to comply with direction) in relation to the same conduct.

(5) It is sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

(6) For the purposes of this section, a person is “intoxicated” if:
(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.