What are Move-On Orders?
Are you wondering what are move-on orders? In this article, we explain exactly that.
The laws related to move-on orders in NSW are extensive. Namely, the NSW Law Enforcement (Powers and Responsibilities) Act (LEPRA) governs this area.
Click to read our factsheet on Move-On Orders.
What is a move-on order?
A police officer may give you a move-on order. This means that they are ordering you to go in a certain direction.
For example, such as ordering you away from another area. For example, if someone is blocking the entrance to a shop. Furthermore, if a group of people are fighting in public, officers can order you to move on.
When can police give you move-on orders?
In NSW, police can only give you a move-on order if an officer believes on reasonable grounds that someone is:
- Obstructing traffic,
- Blocking another person or
- Is harassing or intimidating another person or group.
However, failure to comply with a move-on order can lead to an arrest.
When an officer gives you a move-on order, they must comply with a few rules. According to the law, the police must tell the person/group the reason why they are giving the order.
What do move-on orders entail?
Specifically, the order might require the person to:
- Leave that place and not return. This must be within a stated reasonable time.
- Leave a certain part of that place and not return within a stated reasonable time.
- Or move from that location, or close to that place, for a stated reasonable distance. This might entail telling them to go in a stated direction, and not return for a stated reasonable time.
Suing for wrongful move-on order
The police must conduct themselves accordingly with the LEPRA legislation. However, if they don’t, they may have acted unlawfully.
If you think the police have acted unlawfully, contact a lawyer. Above all, the unlawful actions of police may give rise to a civil claim against police for assault, battery, false imprisonment or malicious prosecution.
For more information on move-on orders and directions, see our fact sheet here.
O’Brien’s criminal and civil lawyers specialise in claims against the police. We have filed more claims against State and Commonwealth agencies than any other law firm. Contact us today on 02 9261 4281 we can advise you on your legal options.
Related posts:
Police Search Powers: Mobile Phones.
Arrests | Factsheet Criminal Procedure.
Nicole Byrne
Content Creator | Media Coordinator
O'Brien Criminal & Civil Solicitors
www.obriensolicitors.com.au
