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QLD QLD Police Issuing Move On Notice on Private Property

Discussion in 'Criminal Law Forum' started by Kohiti, 8 July 2014.

  1. Kohiti

    Kohiti Member

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    Earlier this afternoon, I was visiting the house of a friend who lives on the same street as a family I have known for five years. One of the children from the house became upset and aggressive because he wanted to come and visit me eight houses down the street. He had seen and recognised my car parked on the street. The police first attended the child's property before coming on to my friend's property asking to speak to me. The police advised that they were directing me to move on for a period of 24 hours during which I was not permitted to be on the street. From my understanding, move on powers for QLD police only apply to a public or prescribed place, and not to a private residential property. Was this police direction lawful?
     
  2. John R

    John R Well-Known Member

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    Hi @Kohiti,
    You are correct that Queensland Police's "move on" powers as defined by sections 44-48 of the Police Powers and Responsibilities Act 2000 (Qld) (PPRA) apply to "public places" and other "prescribed places" with limited public access (e.g. schools).

    In relation to your question - Was the police's direction lawful?
    1. Was the direction given to you in accordance with section 48 of the PPRA?
    2. Was the direction given to you to "move on" from the street - and not the private property?
    3. If yes, "public place" is defined in Schedule 6 of the PPRA to expressly include roads (such as a street). That is, "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". This means that the police's direction for you to "move on", if compliant with section 48 of the PPRA, would appear to be lawful.
    You may also consider reviewing the Queensland Police's website section - "Directions to Move On".

    Hope this helps.
     

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