Contravene Direction

This article is for general information only and should not be relied on for specific legal advice.  The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article.  It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.    

What is Contravene Direction? 

In Queensland it is an offence to contravene a LAWFUL direction given by a police officer.  Police officers are able to give people directions to people in certain circumstances under their powers from the Police Powers and Responsibilities Act 2000.  

Such directions can be given under the following circumstances: 

  • when a person’s behaviour or presence is reasonably suspected to be causing anxiety, interfering with trade or disrupting the peace; 
  • is reasonably suspected to be disorderly, indecent, offensive or threatening; or  
  • raises the suspicion that the person is soliciting for prostitution.  

Directions given by Police must be reasonable in the circumstances, they can include a direction to leave the area in a specified direction to a certain distance and for a period of up to 24 hours. 

Further, Police must provide the persons who have been directed to move on with reasons for giving the direction. 

Contravening a direction without a reasonable excuse is an offence.  

An example of a direction that a police officer may give is a ‘move on’ direction.    

 

The Law:- 

Section 791 of the Police Powers and Responsibilities Act (Qld) states; 

(1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction. 

(2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.  

 

Elements of the Offence:-  

It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence.  Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt.  For the charge of Contravene Direction the Prosecution must prove; 

  • Defendant – The Prosecutor has to prove the identification of the offender; 
  • Direction Given – By Police to move on, reasons given by Police; 
  • Failure to comply with the Directions given – the person has failed to comply with the Direction given by Police.  

 

Maximum Penalty for Contravene Direction:- 

The maximum penalty within a licenced premise, or in a regulated place located in the vicinity of licensed premises or in a public place located in a safe night precinct is 60 penalty units. 

Otherwise the maximum penalty is up to 40 penalty units.  

Convictions:- 

In Queensland, if a person is convicted of Contravene Direction, then the court could impose one of the following penalties: 

  • Jail (suspended, parole or actual time); 
  • Intensive Corrections Order; 
  • Probation; 
  • Community Service Order; 
  • Fines. 

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant. 

Possible Defences:-   

There are a number of defences available to charges at law. 

Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. 

Some of the common defences available in criminal charges are; 

  • Necessity; 
  • Mistake of Fact; 
  • Public Safety; 
  • Self Defence or defence of another person; 
  • Intoxication; 
  • Provocation; 
  • Accident; 
  • Duress; 
  • Compulsion; 
  • Insanity; 
  • Automatism 

 

Which Court will your matter be heard in? 

The charge Contravene Direction will be heard in the Magistrates Court in Queensland. 

The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty.  

There is no jury in the Magistrates Court.    

What should I do if the police want to speak to me about a Contravene Direction allegation or if I am charged with Contravene Direction? 

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. 

You should NOT answer any questions, make any statement or participate in any interview with the police. 

You should be polite to the officer but insist that you want to talk to your lawyer. 

You have the right to telephone a friend, relative or lawyer. 

Call an Expert 

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. 

Our team at Brooke Winter Solicitors can give you over-the-phone advice. 

We have a solid reputation as expert Criminal Lawyers and can represent you in court. 

Call us on 1300 066 669 if you have any questions. 

We can assist you no matter where you are located and can appear in every court.