New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 51)
(1) A police officer has the power to give directions to a person or group of people for the purpose of putting an end to certain conduct in a public place.
(2) This Code of Practice provides police officers with guidance relating to the exercise of these powers and the rights of persons to whom directions are given.
(3) This Code of Practice has been prescribed for the purposes of section 200A of the Law Enforcement (Powers and Responsibilities) Act 2002 (
"the Act" ).
(1) Police officers may give directions to a person or group of people in a public place where they believe, on reasonable grounds, that the person's behaviour or presence or behaviour due to intoxication, constitutes certain prescribed conduct as outlined in Part 14 of the Act.
(2) Police officers may issue the following two types of directions.
(3) Directions relating to public places Police officers may give a direction to a person or group of people for the purpose of putting an end to certain conduct in public places. The conduct may be the person's behaviour or presence in a public place. The circumstances in which such a direction can be given are set out in section 197 of the Act. The direction must be reasonable in the circumstances for the purpose of reducing or putting an end to the conduct. If a direction given by a police officer includes a specified period of time or location that a person must move away or end their conduct, this timeframe or location should be reasonable in the circumstances.
(4) The direction may, but does not have to, involve a person moving on from a particular place. In many cases, it may be appropriate to give a direction aimed at putting an end to conduct, rather than simply moving the person elsewhere. A direction must be reasonable in the circumstances for the purpose of reducing or eliminating the conduct.
(5) Where the person's presence constitutes the relevant conduct, it is likely the direction will be a direction to move on. For example, a group of people blocking the entrance to a shop by sitting in the doorway are, by their presence, obstructing other people. The obstruction itself may constitute relevant conduct.
(6) Move on directions to intoxicated persons in public places Police officers may give a direction to an intoxicated person to move on from a public place in circumstances set out in section 198 of the Act.
(7) Section 198 of the Act provides that a police officer may give a direction if the police officer believes on reasonable grounds that the person's behaviour in the place as a result of the intoxication--(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or(b) is disorderly.
(8) Also, section 198 of the Act requires a direction to be reasonable in the circumstances for the purpose of--(a) preventing injury or damage or reducing or eliminating a risk to public safety, or(b) preventing the continuance of disorderly behaviour in a public place.
(9) In exercising this power, police officers are reminded of the additional requirement to warn a person that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given.
(10) For the purposes of section 198 of the Act, a person is intoxicated if--(a) the person's speech, balance, co-ordination or behaviour is noticeably affected, and(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.
(1) In accordance with section 199 of the Act, it is an offence for a person to refuse or fail to comply with a direction given by a police officer without a reasonable excuse. A failure to do so can result in a fine up to $220.
(2) Further to this, failure to comply with a move on direction for being intoxicated and disorderly is an offence under section 9 of the Summary Offences Act 1988 and can result in a court imposed fine of up to $1,650.
(1) A police officer cannot give a direction under Part 14 of the Act in relation to industrial disputes.
(2) A police officer cannot give a direction under Part 14 of the Act in relation to an apparently genuine demonstration or protest, or a procession or an organised assembly unless--(a) the police officer believes on reasonable grounds that the direction is necessary to deal with a serious risk to the safety of the person to whom the direction is given or any other person, or(b) the demonstration, protest, procession or assembly is obstructing traffic and is not an authorised public assembly for the purposes of Part 4 of the Summary Offences Act 1988 (or is not being held substantially in accordance with any such authorisation), the police officer in charge at the scene has authorised the giving of directions and the direction is limited to the persons who are obstructing traffic.
(1) When giving a direction under sections 197 and 198 of the Act, police officers must comply with the safeguard requirements set out in Part 15 of the Act.
(2) The key safeguards in Part 15 of the Act are as follows--(a) a police officer must provide evidence that the police officer is a police officer (if not in uniform) and provide the officer's name and place of duty and the reason for the exercise of a power to which Part 15 of the Act applies (see section 202 of the Act),(b) a police officer must warn a person that the person is required by law to comply with a direction, requirement or request that the officer has given or made in exercising a power to which Part 15 of the Act applies (see section 203 of the Act),(c) a person does not commit an offence under the Act of failing to comply with a direction, requirement or request given or made by a police officer under or in connection with a power to which Part 15 applies unless the obligations under that Part are complied with when exercising the power (see section 204B of the Act).
(3) In addition, when a police officer gives a direction under section 198 of the Act (being a direction on the grounds that the person is intoxicated and disorderly in a public place), the officer must warn the person that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given. This warning is in addition to any warning required under Part 15 of the Act.
(4) Police officers are also encouraged to consider the other relevant legislation and the NSW Police Force Code of Conduct and Ethics in determining what action is appropriate. Finally, a police response may be guided by NSW Police Force operational policies and procedures and the NSW Police Force Handbook .
Expressions defined in the Act have the same meaning for this Code of Practice.