The precise offence depends upon the conduct alleged and the circumstances in which police issued the direction. It is important to distinguish between a move on direction, which is generally a police direction made under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), and a separate criminal offence arising from failing to comply with a lawful direction.

At Chidiac & Associates, we provide experienced criminal defence representation to clients facing public disorder and move on-related charges throughout Sydney and New South Wales.

What is Public Disorder?

Public disorder offences can arise from conduct that threatens, intimidates, obstructs or interferes with other people in a public place.

Depending upon the circumstances, allegations may include:

• behaving in a threatening or violent manner;
• fighting in a public place;
• using offensive or disorderly behaviour;
• obstructing people in a public place;
• creating a disturbance; or
• failing to comply with a lawful police direction.

Different offences may apply depending upon the precise conduct alleged.

What is a Move On Direction?

Police have powers under Part 14 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ("LEPRA") to direct a person to move on from a public place in certain circumstances.

Under section 197, police may give a move on direction where they have reasonable grounds for a relevant belief, including that the person's conduct is:

• obstructing another person or traffic;
• constitutes harassment or intimidation;
• is likely to cause fear for the safety of another person; or
• is likely to cause injury to another person.

A move on direction can require a person to leave a particular public place and not return for a specified period.

Failing to Comply With a Move On Direction

A person may commit an offence where they without reasonable excuse fail to comply with a reasonable direction given by police under the applicable provisions of LEPRA.

The circumstances of the direction are therefore critical.

Issues may include:

• whether police had lawful grounds to give the direction;
• whether the direction was reasonable;
• whether the person understood the direction;
• whether the person was given sufficient opportunity to comply;
• whether the person had a reasonable excuse for not complying; and
• whether the Prosecution can establish that the direction was properly given.

What Are the Penalties?

The maximum penalty depends upon the particular offence charged.

For failing to comply with a move on direction under section 199 of LEPRA, the maximum penalty is:

2 penalty units

A person must therefore be carefully advised based upon the specific section of legislation appearing on the Court Attendance Notice or other charge document, as public disorder offences and move on offences can carry different penalties.

Public Disorder Offences

There are several offences under NSW legislation that may arise from disorderly conduct in public.

For example, section 4 of the Summary Offences Act 1988 (NSW) contains offences concerning offensive conduct, language and behaviour in or near a public place.

The maximum penalty depends upon the particular subsection charged.

Other conduct, including fighting, violent behaviour or conduct involving threats, may result in more serious charges under the Crimes Act 1900 (NSW) or other legislation.

Summary Offences Act 1988 (NSW)

Can I Defend a Public Disorder or Move On Charge?

Being charged does not mean that you are guilty. The Prosecution must establish the relevant elements of the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the alleged conduct did not occur;
• the accused was not behaving in a disorderly or offensive manner;
• police did not have lawful grounds to issue a move on direction;
• the direction was not reasonable;
• the direction was unclear or not properly communicated;
• the accused had a reasonable excuse for failing to comply;
• mistaken identity;
• CCTV or body-worn camera footage contradicts the police account; or
• Prosecution witnesses are inconsistent or unreliable.

The appropriate defence depends upon the particular charge and evidence.

Evidence in Public Disorder Cases

Evidence may include:

• police body-worn camera footage;
• CCTV;
• police statements;
• witness statements;
• photographs;
• mobile phone recordings; and
• other evidence concerning the circumstances of the incident.

Body-worn camera footage can be particularly important when there is a dispute about what was said or what occurred before a move on direction was issued.

Sentencing

Where a person is convicted, the court may consider:

• the nature of the conduct;
• the location and circumstances of the incident;
• whether members of the public were affected;
• whether police were required to intervene;
• the duration of the conduct;
• the person's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

For less serious matters, a range of non-custodial sentencing options may be available.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your charge;
• assessment of the lawfulness of the police direction;
• analysis of body-worn camera and CCTV footage;
• examination of police and witness statements;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.