Criminal Law: Public Order - Guides
Public Order
6. Move On Orders
Firm / Chambers:
Last updated: 22 Sep 2015
- Most jurisdictions now have move on laws. These laws give police the power to direct you to move on or to stay away from a public place for a certain amount of time. The police can give you this direction even if you have not committed an offence.
- The police can give a move on direction to any person if they suspect on reasonable grounds that you may:
- breach the peace;
- endanger others; or
- cause injury to others.
- If the police give you a move on direction they need to explain it to you in words. There are some states and territories where the police must also give you a written notice.
- The direction will usually specify:
- the exact area in the public place that you must move on from or leave;
- the amount of time you must stay away from this area; and
- the reason you have been directed to move on.
- It is important that you comply with (obey) the direction. If you go back to the area within the specified time period then you have committed an offence of breaching the direction. The police may then charge you for breaching a move on order.
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