Custody of Knives in Public Places or School

The offence of “Custody of Knives in Public Places or Schools” is contained at Section 93IB of the Crimes Act 1900. The maximum penalty for the offence is 4 years imprisonment and/or a $4,400.00 fine. 

What is Custody of Knives in Public Places or Schools?

The Crimes Act 1900 was amended in 2023 to introduce higher maximum penalties for the offence of Custody of Knives in Public Places or Schools where previously, this offence was captured under the Summary Offences Act 1998. 

The following acts constitute Custody of a Knife in Public Places or Schools:

• Having a razor blade in your bag or on your person at school,
• Carrying a knife with you for protection or self defence when going out to the pub, 
• Leaving a knife in your bag and carrying it on the train to work. 

What Must Be Proven?

For a person to be found guilty of Custody of a Knife in Public Places or Schools the Prosecution must prove each of the following matters beyond a reasonable doubt:

• A person, 
• Have in their custody, 
• A “knife”, 
• In a “public place” or a “school”

Definitions: 

A “knife” is defined in the Act to include a blade, a knife blade or a razor blade but not any class of knife prescribed by the regulations. 

The Act also defines “public place” and “school”. A “public place” means a place or part of a premises that is open to the public, or used by the public but does not include a school. A “school” is defined to mean a government/registered non-government school, school providing education at pre-school, infant, primary or secondary level, a place used for a of child-minding or similar purpose , the land and building occupied by or in connection with the conduct of such school but does not include any building occupied or solely used as residence or for purposes unconnected with conduct of school or place.   

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences:

The following defences may be available:

• The object was not a “knife”, 
• The knife was not in a “public place” or “school”,
• The person did not have the knife in their custody,
• The person can satisfy the Court they had a “reasonable excuse” to have custody of the knife. The Act provides an inclusive list of reasonable excuses to be:
  • Because it was reasonably necessary for the lawful pursuit of the person’s occupation, education or training, for the preparation of food or drink, participation in lawful entertainment/recreation/sport, the wearing of an official uniform or genuine religious purposes. 
  • Because it was reasonably necessary during travel to or from or incidental to an above activity. 

The Act provides that it is not a “reasonable excuse” for the person to have a knife in their custody for self-defence nor for the defence of another person. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Custody of a Knife in Public Places or Schools might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

Whether a person will be sentenced to full time imprisonment for the offence of Custody of a Knife in Public Places or Schools will heavily depend on the circumstances of their matter. Some factors that the Court will consider in determining the seriousness of the offence include the person’s age, the type of knife possessed (shape, size, sharpness), the reason why the person had the knife in their possession (for their protection/self defence compared to a butter knife that was left in a person’s bag following a picnic), the amount of people present in the public place or school when the knife was possessed, the behaviour of the person in custody of the knife and the person’s criminal record. As there is a 4-year imprisonment maximum penalty, a Gaol term is a possible sentencing outcome. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.