12.2

Question 1

What section is “Directions generally relating to public places” (Cease Behaviour) from?

Answer 1

Section 197 LEPRA

Question 2

What does “Section 197: Directions generally relating to public places” mean? (Remember CHOPS)

Answer 2

A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place -

(a) is obstructing another person or persons or traffic, or
(b) constitutes harassment or intimidation of another person or persons, or
(c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or
(d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or
(e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.

Question 3

For “Section 197: Directions generally relating to public places” to be reasonable it must used for the purpose of what? (Pretty much chops again)

Answer 3

(a) reducing or eliminating the obstruction, harassment, intimidation or fear, or
(b) stopping the supply, or soliciting to supply, of the prohibited drug, or
(c) stopping the obtaining, procuring or purchasing of the prohibited drug.

Question 4

What section is “Failure to comply with direction”

Answer 4

Section 199 LEPRA

Question 5

What does “Section 199: Failure to comply with direction” mean?

Answer 5

A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part (s197 and s198).