I was walking in the city with some friends on Friday night. The police stopped us and started asking questions. After a while they gave us all a move on direction saying we had to stay out of the city for 24 hours. We did not do anything wrong. I feel that it was not called for and that the police had no reason for doing this. It is discrimination because we are from a Middle Eastern background.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- Strictly speaking you cannot go to court and appeal a move on direction.
- The law gives police given special powers so that they can direct people to move along if they believe it is necessary. They usually have a broad discretion (choice) about when they can do this.
- You may think it is unfair that you have been given a move on direction. If this happens the best thing to do is to behave calmly and comply with the direction so that you do not get charged with an offence. Make a note of the date, time, witnesses and exactly what happened. Also make a note of the police officer’s name and number. Later on you should get some legal advice to find out what your options are.
- If you believe that the police have exceeded their power or have breached your rights then you may have grounds to make a complaint against the police officer. This will not change the direction that was given to you but it might result in disciplinary action being taken against the police officer.
- You should talk to a lawyer if you have been charged with a number of offences including breaching a move on direction. If the police have acted outside the law then you may have a valid defence to the other charges.