12.3

Question 1

What section is “Move on directions to intoxicated persons in public places”

Answer 1

Section 198 LEPRA

Question 2

What does Section 198 LEPRA mean?

Answer 2

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication is:

(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.

Question 3

For an Officer to give a Section 198 direction, they must do it for the purpose of what?

Answer 3

• Preventing injury or harm etc to public safety
  OR
• Preventing the continuance of disorderly behaviour in a public place.

Question 4

What is the maximum amount of time a person can not return to the public place they have been moved on from?

Answer 4

Not to exceed 6 hours after the direction was given.

Question 5

For the purpose of section 198, an intoxicated person is?

Answer 5

(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.

Question 6

What section is “Giving of directions to groups of persons”

Answer 6

Section 198A LEPRA

Question 7

What does Section 198A LEPRA mean?

Answer 7

(1) A police officer may give a direction under this Part to persons comprising a group.

(2) In any such case, the police officer is not required to repeat the direction (or the warning)

Question 8

What Section is “Failure to comply with direction”

Answer 8

Section 199 LEPRA

Question 9

What does Section 199 LEPRA mean?

Answer 9

(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part 14 (Powers to give directions).

Question 10

What Section is “Identity may be required to be disclosed”

Answer 10

Section 11 LEPRA

Question 11

What does Section 11 LEPRA mean in accordance with Part 14 (Powers to give directions)?

Answer 11

A police officer can demand a person for their identitifcation to disclose his or her identity for the purpose of giving a s197 or s198 direction

Question 12

What is the WARNING given for section 198

Answer 12

“I am … from … Police Station, I believe you are intoxicated and your conduct is disorderly.

I am directing you to stop this conduct and leave … for the next 6 hours.

Do you understand that?”