Hi there. In Queensland, police can issue a ‘move on direction’ if they reasonably suspect that a person’s behaviour or presence is causing anxiety to another person, interfering with a trade or business, disrupting the peaceable and orderly conduct of an event or gathering, or is disorderly, indecent, offensive or threatening to another person. A direction can be issued in a public place or certain other locations such as a shop, school, licensed premises, railway station, mall, etc.

In issuing a move on direction, a police officer must follow certain rules. The officer must: (a) supply their details as soon as reasonably practicable by giving their name, rank and station; (b) if the person fails to comply with the direction and if practicable, warn the person it is an offence to fail to comply with the move on direction without a reasonable excuse and that they may be arrested for the offence, and (c) give the person a reasonable opportunity to comply with the move on direction.

The officer(s) issuing your move on direction should have complied with the above three requirements. If they did not (e.g. you were not given a reasonable opportunity to comply with the move on direction), they will have failed to follow their statutory duties as police officers. This does not automatically mean that you are not guilty of the offence, but it would help you make the argument that you were not given a reasonable opportunity to call a cab or otherwise vacate the area.

If you want to defend the matter in court, you would need to plead ‘not guilty’. The prosecution would present their case against you, including evidence in the form of police statements. You would then have the opportunity to present your side of the story, including any claims that the police failed to follow proper procedure in issuing the move on direction. Having evidence to support your claim will strengthen your case. The magistrate or judge would then decide whether you are guilty or not guilty and, if appropriate, impose a penalty. A conviction may or may not be recorded depending on the circumstances of the offence and your personal situation (e.g. prior offences, any remorse you have shown, etc).

Suggested way forward

It sounds like you may have valid grounds to defend the charge against you. You should consider speaking to a criminal lawyer who can advise you on the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.