New South Wale Knife Law Study Report

The Summary Offences Act of is a set of regulations that is concerned with what an individual can do or cannot do in a public place like streets, parks, hospitals, churches, public places, and schools. This law highly impacts homeless or young people since it is these people who spend the majority o their time in these public places. This law offers a vast authority to police to warn, ask one to provide info, and ask one to move on. If anybody is charged under this act, he will be served upon an infringement notice demanding payment of a fine or the individual has to defend his side in a Local Court before a magistrate. Under this law, unless the crime is severe, there will be simple punishment like a levy of fines, community services, or rather than imprisonment. (KLC 2009).

In case, if an individual possesses a knife, NSW police have the authority to frisk him if the police have a reasonable suspicion that the individual possesses a knife in a school or a public place. It is an offense to refuse to produce anything which the police officer finds out in a search or to turn down the request to be searched. A penalty notice may be served by police on the detection of a knife in a public place, and they may even confiscate the dangerous instruments. (KLC 2009).

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As per section 11 C of the Summary Offenses Act of New South Wales, if an individual or a person is in possession of a knife in a school or in a public place, the highest penalty for the crime of possessing a knife in a school or in a public place is five penalty units. Thus, for the first time offense for five penalty units, a penalty of $550 and 10 penalty units and for second time offense, a fine of $1000 or one year imprisonment or both and for 20 penalty units a fine of $2200 or two-year imprisonment or both for third and subsequent crime will be levied under the above law. Under the NSW present law, only a second time or subsequent offender will face the probability of imprisonment. It is to be noted that in the earlier act, the Knife possessors were let off with a meager fine. The specialty of the new act which is to be introduced through an amendment in the year 2010 is that the definition of a knife includes a kitchen knife since youths were found to possess ordinary kitchen knives while committing an offense. (Neil, 2010, p1).

Section 11 C of the Summary of under certain scenarios, the knife can be possessed in a school or in a public place and the exemption details are given below:

  • If a knife is possessed for the preparation of drink or food;
  • For the legitimate purpose of an individuals education, business, profession, or training.
  • For the engagement in a legitimate sport, recreation, or entertainment.
  • For trade or commerce, an exhibition of knives.
  • In a knife collectors exhibition where various kinds of knives are displayed.
  • The knife can be possessed as an outfit while wearing an official uniform.
  • For .

Thus, the above exemption will be available, if a knife is possessed by an individual during travel in connection with any of the .

Subsection 3 of Section 11 C states that even if an individual possesses a knife exclusively for the objective of self-defense or the defense of another individual, it will be considered an offense.

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