Going to Court? Book Your Free First Appointment

Continuing Behaviour after a Move on Direction

Continuing Behaviour after a Move on Direction is an offence under Section 9 of the Summary Offences Act which carries a maximum penalty of $1650.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were given a move on direction for being intoxicated and disorderly in a public place, and
  2. You were intoxicated and disorderly at the same or another public place within 6 hours of the direction

A ‘move on direction’ is a direction given by a police officer for you to leave a public place and not return for a specified period of time.

You are considered to be ‘intoxicated’ if:

  1. Your speech, balance, coordination or behaviour is noticeably affected, and
  2. It is reasonable for the officer to believe this is due to alcohol or a drug

A ‘public place’ is:

A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons it includes privately owned places that are open to the public, such as:

  1. Shopping centres and stores within them
  2. Restaurants, pubs and clubs
  3. Sporting venues, and
  4. Parks

What Our Clients Say SEE ALL

  • ★★★★★

    Glad I had him representing me

    Salam Shammu represented me with a serious driving offence as a p plate driver. He…

  • ★★★★★

    Very clear throughout the entire process

    Would highly recommend Salam Shammu. He was thorough in his approach to the case and…

  • ★★★★★

    Made me feel very comfortable from start to finish

    Very professional, friendly and approachable. Tuan made me feel very comfortable from start to finish.

  • ★★★★★

    I am forever grateful for the just work these lawyers do

    I was falsely accused of child assault. Tuan helped me through out the difficult process,…

Going to Court? Call For Your Free First Appointment