Summary Offences Act 1988

A person who—

is given a move on direction for being intoxicated and disorderly in a public place, and

at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place,

For the purposes of this section, a move on direction is a direction given to a person by a police officer, under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002, to leave a public place and not return for a specified period.

In proceedings for an offence against this section, it is necessary to prove that a move on direction was given within 6 hours before the person was found to be intoxicated and disorderly in a public place, but it is not necessary to prove that the person contravened the move on direction by being so intoxicated and disorderly in the public place at the time concerned.

A person cannot be proceeded against or convicted for both an offence against this section and an offence against section 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Failure to comply with direction) in relation to the same conduct.

It is sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

For the purposes of this section, a person is intoxicated if—

the person’s speech, balance, co-ordination or behaviour is noticeably affected, and

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.