Custody of a Knife in a Public Place

What Is the Offence of Custody of a Knife in a Public Place?

Under section 93IB of the Crimes Act 1900 (NSW), it is an offence to have a knife in your custody in a public place or at a school unless you have a reasonable excuse. This provision was introduced to strengthen public safety and reflects the serious approach NSW courts take towards knife-related matters. A “knife” for the purposes of the law includes a knife blade or a razor blade, and a “public place” generally refers to any area accessible to the public, including shops, streets, parks, transport facilities, vehicles and other publicly accessible spaces.

Penalties for Carrying a Knife in Public

If charged under section 93IB, the maximum penalties include:

• Up to 4 years’ imprisonment; and/or
  

• A substantial fine (up to the equivalent of 40 penalty units). 
  

These penalties can be imposed whether or not the knife was used. Merely having it in your possession without a valid reason can be enough for a charge. 

Police may also issue a penalty infringement notice (fine) for less serious cases, where payment avoids a criminal conviction, but this depends on the circumstances and police discretion.

What Is a “Reasonable Excuse”?

Section 93IB recognises that there are legitimate reasons why someone might legitimately have a knife in public. To avoid conviction, the accused must prove (on the balance of probabilities) that they had a reasonable excuse for the possession. 

Common examples of reasonable excuses include having the knife because it was reasonably necessary for:

• Your occupation, education or training (e.g., chef, tradie);
  

• The preparation or consumption of food or drink;
  

• Participation in lawful entertainment, recreation or sport such as camping or fishing;
  

• Exhibiting knives for retail or trade purposes, or in a collectors’ exhibition;
  

• Wearing part of an official uniform; or
  

• Genuine religious purposes (such as carrying a kirpan).
  

• The possession being reasonably incidental to travel to or from any of the above activities. 
  

Importantly, self-defence or carrying a knife for the defence of another person is not a reasonable excuse under the Act. 

Related Offences: Visible Carrying and Use

A distinct but related offence exists under section 93IC of the Crimes Act, which targets anyone who uses or carries a knife that is visible in a public place in a way likely to cause a reasonable person to fear for their safety. This offence carries up to 4 years’ imprisonment and/or a fine of up to $11,000. 

Why You Need Skilled Criminal Defence

Knife possession charges may seem minor, but a conviction can lead to serious repercussions, including a criminal record that affects employment, travel, professional licensing and more. At ADADA Legal, our criminal law team will:

• Carefully review the facts and evidence against you;
  

• Advise whether the police have proven the necessary legal elements;
  

• Identify and argue applicable defences such as reasonable excuse;
  

• Represent you in court and negotiate on your behalf;
  

• Work toward the best possible outcome, including diversion, reduced charges or non-custodial orders where appropriate.
  

Swift legal advice after an arrest or charge can make a significant difference to your case.

Custody of a Knife in Pubic Place Frequently Asked Questions

What must the prosecution prove to secure a conviction for custody of a knife in public?

To secure a conviction under section 93IB of the Crimes Act, the prosecution must prove that you had a knife in your custody in a public place or at a school and that you did not have a reasonable excuse for doing so.

Is a folding pocket knife covered by the law?

Yes. The definition of “knife” is broad and includes blade and razor blades. This means folding knives, multitools with blades and similar items fall within the offence unless a reasonable excuse applies. 

Can I be charged if I was unaware I had a knife?

Possessing a knife in a public place can still lead to a charge even if you claim you forgot it was there. Whether you had custody and knowledge are matters the court will consider. Legal advice is crucial. 

Is carrying a knife for self-defence a reasonable excuse?

No. The legislation explicitly states that self-defence or the defence of another person is not a reasonable excuse for having custody of a knife in public.

What penalties could I face if convicted?

Penalties can include imprisonment for up to 4 years, substantial fines, and a criminal conviction that may affect your future. Lesser outcomes such as fines, community orders or diversion may be possible depending on the circumstances.