Custody of a Knife in a Public Place
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Charged with Custody of a Knife in a Public Place
Having a knife in your custody in a public place or a school is an indictable offence under section 93IB of the Crimes Act 1900 (NSW), carrying a maximum penalty of 4 years imprisonment and a fine of $4,400. Where the knife is used or carried visibly in a way likely to cause fear, a separate offence under section 93IC carries the same 4 years and a fine of up to $11,000.
Many people charged with this offence had no intention of harming anyone. A pocket knife left in a bag, a work knife carried on the way home, or a blade kept in a car are all enough. The law does not require the prosecution to prove intent. Once custody is proven, the burden shifts to you to prove you had a reasonable excuse, and the law expressly states that carrying a knife for self-defence is not one.
These offences were significantly reformed in 2023, when they were moved out of the Summary Offences Act and into the Crimes Act with double the previous maximum penalties. Police search powers were expanded again in 2024.
Outcomes still vary widely. A first offence can often be dealt with by way of a penalty notice without going to court, and most matters that do reach court are finalised in the Local Court with non-conviction or fine outcomes achievable in many cases.
The Australian Legal Practice represents clients facing knife charges across Burwood, Sydney CBD, and Parramatta. Our lawyers are available 24/7, and the first consultation is free.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Is Custody of a Knife in a Public Place?
Custody of a knife in a public place or school is the offence of having a knife in your custody in a public place or a school, without a reasonable excuse. It is a possession offence. No use, threat, or display of the knife is required. The length or appearance of the knife does not by itself determine whether the offence has been committed.
Key terms are defined in section 93IA of the Crimes Act 1900 (NSW):
- Knife: includes a knife blade or razor blade, but does not include knives of a class prescribed by the regulations, such as plastic knives designed for eating
- Public place: has the same meaning as in the Summary Offences Act 1988 (NSW), and covers any place or part of premises open to or used by the public, whether or not on payment, including a vehicle on a public road
- School: any government or registered non-government school, including preschools and child-minding centres
Conduct that can result in a charge includes:
- Carrying a pocket knife, folding knife, or multi-tool in a bag or pocket
- Keeping a knife in the glove box or centre console of a car
- Carrying a kitchen or work knife without a work-related reason at the time
- A student bringing a knife onto school grounds
Custody of a knife is distinct from two related offences:
- Using or carrying a knife visibly (section 93IC): using a knife, or carrying a visible knife, in the presence of another person in a public place or school in a way likely to cause a reasonable person to fear for their safety. This carries a higher maximum fine and is not eligible for a penalty notice
- Possessing a prohibited weapon (section 7 Weapons Prohibition Act 1998): certain knives, including flick knives, butterfly knives, and ballistic knives, are prohibited weapons in their own right and attract a maximum of 14 years imprisonment regardless of where they are found
Custody of a Knife Under Australian Law
The knife offences are contained in Part 3A, Division 2A of the Crimes Act 1900 (NSW), inserted by the Criminal Legislation Amendment (Knife Crimes) Act 2023. That Act repealed the former offences in sections 11C and 11E of the Summary Offences Act 1988 and re-enacted them with doubled penalties. These laws apply across NSW, including urban centres such as Sydney and surrounding suburbs.
Offence | Section | Maximum Penalty |
Custody of a knife in a public place or school | s 93IB Crimes Act 1900 | 40 penalty units ($4,400) or 4 years imprisonment, or both |
Using or carrying a knife visibly in a way likely to cause fear | s 93IC Crimes Act 1900 | 100 penalty units ($11,000) or 4 years imprisonment, or both |
Custody of an offensive implement in a public place or school | s 11B Summary Offences Act 1988 | 50 penalty units ($5,500) or 2 years imprisonment, or both |
Parent knowingly permitting a child to carry a knife | s 11D Summary Offences Act 1988 | 5 penalty units ($550) |
Selling a knife to a child under 16 | s 11F Summary Offences Act 1988 | $11,000 or 12 months imprisonment, or both |
Section 93IB(3) lists circumstances that amount to a reasonable excuse for having a knife in your custody:
Reasonable Excuse | What It Covers |
Lawful occupation, education, or training | A chef carrying knives to work, a tradesperson carrying a utility knife on site, a student in a hospitality course |
Preparation or consumption of food or drink | A picnic or barbecue where the knife is being used for that purpose |
Lawful entertainment, recreation, or sport | Camping, fishing, or hunting where a knife is reasonably necessary for the activity |
Exhibition for retail or trade purposes | A retailer displaying knives for sale |
Organised knife collector exhibition | A collector transporting items to or from an organised event |
Wearing an official uniform | A uniform that includes a knife as part of its standard equipment |
Genuine religious purposes | A ceremonial knife carried as part of religious observance, such as a kirpan |
Travel to or from any of the above | Carrying the knife directly to or from one of the activities above, or incidental to it |
Section 93IB(4) expressly states that it is not a reasonable excuse to have a knife for self-defence or for the defence of another person. The same distinction is important when considering how NSW weapon laws apply to different circumstances.
Jurisdiction and court:
- Both section 93IB and section 93IC are Table 1 offences under the Criminal Procedure Act 1986 (NSW)
- They are dealt with in the Local Court unless either the prosecution or the accused elects to have the matter heard in the District Court
- In the Local Court, the maximum term of imprisonment is limited to 2 years for a single offence
- Police may issue a penalty notice of $550 to an adult for a first custody offence under section 93IB, in which case the person does not need to attend court and no conviction is recorded if the notice is paid
- The Young Offenders Act 1997 (NSW) continues to apply, so children and young people may be dealt with by way of caution or youth justice conference
Since 2024, police also hold expanded search powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). A senior officer can declare a designated area, such as a public transport station, shopping precinct, or sporting venue, in which police may use hand-held metal detecting wands to scan people for knives without a warrant or reasonable suspicion. This can be particularly relevant in busy urban locations where designated areas may be declared.
What Must the Prosecution Prove?
To secure a conviction under section 93IB, the prosecution must prove each of the following elements beyond reasonable doubt:
- You had a knife in your custody
- The item was a knife within the meaning of section 93IA
- You were in a public place or a school at the time
If those elements are proven, the burden shifts. Under section 93IB(2), it is then for you to prove, on the balance of probabilities, that you had a reasonable excuse. This is a reverse onus, and it is the central battleground in most knife matters. The evidence will therefore be important in establishing why you had the knife and whether your explanation amounts to a reasonable excuse.
For the more serious offence under section 93IC, the prosecution must prove:
- You used a knife, or carried a knife that was visible
- This occurred in the presence of another person
- It occurred in a public place or a school
- It occurred in a way likely to cause a reasonable person to reasonably fear for their safety
Section 93IC also allows a reasonable excuse defence, but unlike section 93IB it does not include a statutory list of examples. If the prosecution cannot prove any element of either offence, the court must find you not guilty.
Penalties for Custody of a Knife in NSW
Offence | Pathway | Maximum Penalty |
Custody of a knife (s 93IB) | Penalty notice, first adult offence | $550 fine, no court, no conviction |
Custody of a knife (s 93IB) | Local Court | 2 years imprisonment and/or $4,400 |
Custody of a knife (s 93IB) | District Court on election | 4 years imprisonment and/or $4,400 |
Use or carry visibly (s 93IC) | Local Court | 2 years imprisonment and/or $11,000 |
Use or carry visibly (s 93IC) | District Court on election | 4 years imprisonment and/or $11,000 |
Sentencing options available to the court:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO), served in the community
- Full-time imprisonment
Factors that influence the severity of the penalty:
- The type of knife and whether it was concealed or readily accessible
- The location, with schools, public transport, and licensed venues treated more seriously
- Whether the knife was produced, displayed, or used
- Whether the conduct occurred in company or in connection with other offending
- Prior criminal history, particularly for knife or violence offences
- Age, with the Young Offenders Act 1997 providing diversion options for people under 18
- Genuine remorse and an early guilty plea
For a first offence involving a concealed knife and no threatening conduct, non-conviction outcomes such as a section 10 dismissal or a CRO without conviction are commonly achieved. Full-time imprisonment is generally reserved for repeat offenders, section 93IC matters involving threatening use, or cases connected to other violence.
Other consequences of a conviction include:
- Criminal record affecting employment, particularly in security, education, and healthcare
- Impact on Working with Children Check applications and renewals
- Immigration consequences for non-citizens under the character test in the Migration Act 1958
- Forfeiture of the knife
Possible Defences Against a Knife Charge
Several defences can result in a knife charge being dismissed, reduced, or withdrawn.
- Reasonable excuse: proving, on the balance of probabilities, that the knife was reasonably necessary for one of the purposes in section 93IB(3), or for another reasonable purpose, at the time you had it
- Not a knife under the Act: the item does not fall within the section 93IA definition, or is of a class excluded by the regulations
- Not in custody: you did not have the knife in your custody, for example where it belonged to another occupant of a shared vehicle or bag
- Not a public place or school: the location does not meet the statutory definition of a public place
- Unlawfully obtained evidence: the knife was found during a search that exceeded police powers, including a wanding search conducted outside a properly declared designated area, which can result in the evidence being excluded
- Duress or necessity: you were forced to carry the knife by threats of serious harm, or the conduct was necessary to avoid an imminent and greater harm
Self-defence is expressly excluded as a reasonable excuse under section 93IB(4). Every defence is assessed on the specific facts, including the type of knife, where and when it was found, what you were doing at the time, and whether the search was lawful.
Your Options When Charged with Custody of a Knife
Option | What It Means |
Seek a penalty notice or withdrawal | For a first section 93IB offence, representations to police can result in the matter being dealt with by penalty notice or withdrawn, avoiding court and a conviction |
Plead not guilty | Contest the charge at a defended hearing, either by challenging the prosecution’s proof of custody or location, or by establishing a reasonable excuse on the balance of probabilities |
Plead guilty and seek the best outcome | An early guilty plea attracts a sentencing discount of up to 25 per cent; the circumstances of the knife, character material, and an explanation of why it was carried can support a section 10 dismissal or CRO without conviction |
Why Choose The Australian Legal Practice for Knife Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior
- 24/7 availability on (02) 8084 9929. Knife charges often follow a street search, a wanding operation, or a traffic stop, at any hour
- Three Sydney offices: Burwood, Sydney CBD, and Parramatta
- Free initial consultation so you can understand your options before your first court date
- Fixed-fee arrangements available for standard knife matters heard in the Local Court
- Experience building reasonable excuse defences with supporting evidence from employers, clubs, and religious organisations
- Experience challenging the lawfulness of police searches, including wanding searches in designated areas
- Advice on the Young Offenders Act 1997 for parents of children and young people charged with knife offences
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
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Frequently Asked Questions About Custody of a Knife
No. Section 93IB(4) of the Crimes Act 1900 (NSW) expressly states that self-defence, or the defence of another person, is not a reasonable excuse for having a knife in your custody in a public place or school.
It depends on why you have it. A pocket knife or multi-tool is a knife under the Act. Carrying one is lawful if it is reasonably necessary for your work, a recreational activity, or another listed purpose at the time. Carrying one habitually “just in case” is not a reasonable excuse.
For a first custody offence under section 93IB, police can issue a $550 penalty notice to an adult instead of a court attendance notice. If paid, no conviction is recorded and no court attendance is required. This option is not available for the visible use or carrying offence under section 93IC.
A vehicle on a public road can be a public place for the purposes of the offence. A knife found in a glove box or console during a roadside search can result in a charge.
Since 2024, a senior police officer can declare a designated area, such as a train station or shopping precinct, for a set period. Within that area and period, police can require a person to submit to a hand-held metal detector scan without a warrant or reasonable suspicion. The declaration must be properly made, and a search outside a valid declaration may be unlawful.
Speak to one of our criminal defence lawyers today on (02) 8084 9929 or book a free consultation online.
