Move on Flashcards
In relation to Move on Directions, what are the types of relevant behaviour listed under the PPRA s.46(1) When power applies to behaviour
A police officer may exercise a power under section 48 in
relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been—
(a) causing anxiety to a person entering, at or leaving the
place, reasonably arising in all the circumstances; or
(b) interfering with trade or business at the place by
unnecessarily obstructing, hindering or impeding
someone entering, at or leaving the place; or
(c) disorderly, indecent, offensive, or threatening to
someone entering, at or leaving the place; or
(d) disrupting the peaceable and orderly conduct of any
event, entertainment or gathering at the place.
What is a prescribed place?
Shop, railway station and the land around it, a primary, secondary school or child care centre, mall or war memorial.
Describe a public place?
a place to which members of the public have access as
of right, whether or not on payment of a fee and whether
or not access to the place may be restricted at particular
times or for particular purposes;
What are the appropriate circumstances for s50 of the PPRA. (breech of peace)
(2) It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.
Examples for subsection (2)—
1 The police officer may detain a person until the need for the detention no longer exists.
2 A person who pushes in to the front of a queue may be directed to go to the end of the queue.
3 Property that may be used in or for breaching the peace may be seized to prevent the breach.
What is section 50 of the PPRA?
Dealing with breach of the peace
(1) This section applies if a police officer reasonably suspects—
(a) a breach of the peace is happening or has happened; or
(b) there is an imminent likelihood of a breach of the peace;
or
(c) there is a threatened breach of the peace.
PPRA s.633 Safeguards for oral directions or requirements, clearly states it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse; and the person may be arrested for the offence
What must the police officer do before arresting them?
The police officer must give them a further reasonable opportunity to comply with the direction or requirement
If you decided to give a person a Move on direction, does what do you have to do as well?
supply your Name, Rank and Station before you give the direction. PPRA s637(2)(a)
A police officer must not give a move on direction that ….
interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of public safety, public order or the protection of the rights and freedoms of other persons
Can you as community members questions and justify your answer.
PPRA s.8 Act does not affect certain principles: (1) This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.
(2) Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.
What are the prescribed circumstances of a move on?
In relation to a person at or near a regulated place if a police officer reasonably suspects the persons behaviour (46) or Presence (47) is or has been.
1) Causing anxiety
2) interfering with trade by obstructing/hindering/impeding someone entering/leaving a place
3) disorderly, indecent, offensive or threading
4) disrupting the peaceable and orderly conduct of any event entertainment or gathering at the place
For all the prescribed circumstances of 46 when must a complain be made for police to action a move on.
2)interfering with trade by obstructing/hindering/impeding someone entering/leaving a place
NOT
1)Causing anxiety
3) disorderly, indecent, offensive or threading
4) disrupting the peaceable and orderly conduct of any event entertainment or gathering at the place
When can’t a move on direction be actioned.
A police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of— (a) public safety; or (b) public order; or (c) the protection of the rights and freedoms of other persons. PPRA s. 45: ‘Part
What options do you have to move on a disturbance.
Take no action/use verbal communication/presence
Issue a move on direction
Person is detained and removed from area for Breach of
section 48 of the PPRA explain?
police officer may give to a person or group of persons
doing a relevant act any direction that is reasonable in the
circumstances.
Examples for subsection (1)—
1 If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.
2 If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.
3 If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
(2) However, a police officer must not give a direction under
subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests
of—
(a) public safety; or
(b) public order; or
(c) the protection of the rights and freedoms of other
persons.
Examples of rights and freedoms for subsection (2)(c)—
1 the rights and freedoms of the public to enjoy the place
2 the rights of persons to carry on lawful business in or in associationwith the place
(3) Without limiting subsection (1), a direction may require aperson to do 1 of the following—
(a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not
more than 24 hours;
(b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
(c) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
(4) The police officer must tell the person or group of persons the reasons for giving the direction.
What detail must we record for move on?
Time and Date
Location of person/group when direction was given.
Name and address of person
Description of person: Gender, age ethnicity, clothes,marks
Terms of direction.
