NEW POLICE POWERS AND INCREASED PENALTIES FOR KNIFE OFFENCES IN NSW
New laws have come into effect granting NSW Police the power to stop and scan individuals without a warrant and without reasonable suspicion in designated areas, using handheld scanners or electronic metal-detecting ‘wands’.
The ‘wanding’ powers can be activated by senior police officers with the rank of Assistant Commissioner or above in locations such as public transport stations, shopping precincts, certain sporting venues, and places linked to the night-time economy. The powers are made available in circumstances where a relevant offence involving weapons, knives, or violence has occurred within the past 12 months. They can be applied for up to 12 hours, with an ability to extend if certain criteria are met.
These increased powers are designed to improve community safety and curb knife offences, in light of a number of violent knife offences, including those that occurred in Bondi and Wakeley, as well as the fatal stabbing of a teenager in Blacktown. NSW Premier Chris Minns stated that “These laws are about ensuring the public feels safe and changing the culture,” whilst Minister for Police and Counter-Terrorism, Yasmin Catley, stated that “these new powers give police the ability to detect concealed knives quickly, preventing potential harm.”
The powers are based on Queensland’s Jack’s Law, which was introduced in Queensland following the stabbing murder of teenager Jack Beasley.
HARSHER PUNISHMENTS FOR KNIFE OFFENCES
The new police powers were part of an overall package aimed to reduce knife offences in NSW. The wider reforms increase penalties for knife offences, including through the amending of the Summary Offences Act 1988 (NSW) which has doubled the maximum fine for selling a knife to a child under 16 to $11,000 and introduced a custodial sentence of up to 12 months.
It also now an offence under section 11F of the Summary Offences Act 1988 (NSW) to sell knives to children aged 16 or 17 without a legitimate reason, whilst the maximum penalties for various knife-related offences have been doubled. The Australian Retailers Association has praised the knife ban for 16 to 17 year old teenagers and has called for a consistent nationwide approach.
The changes extend to supporting high-impact police operations such as Operation Foil, which targets knife crime and anti-social behaviour. In the latest phase of Operation Foil, police seized 51 knives and weapons and charged 145 individuals with weapon-related offences. Over the past year, almost 4,000 knives have been confiscated in public places.
If you have been accused of a knife offence, contact our specialised, expert criminal lawyers immediately so that we may secure the best outcome for you.
10 PEOPLE CHARGED IN FIRST ‘WANDING’ OPERATION IN NSW
NSW Police have arrested and charged 10 people with possessing weapons or drug paraphernalia in Operation Ames, the first ‘wanding’ operation in Sydney since the introduction of the new laws. 382 people were scanned with the ‘wands’ or scanners, whilst 12 of the 382 were searched. Some of the weapons police allegedly found included knives, tasers and slingshots.
Those charged included a 41 year old man arrested following a search at Central station which uncovered a taser. He was taken to Surry Hills Police Station and charged with possess or use a prohibited weapon without permit and two counts of affray and was refused bail.
A 30 year old woman was also arrested following search at Central Station as part Operation Ames. She was taken to Day Street Police Station and charged with three counts of possess or use a prohibited weapon without permit and custody of knife in public place, having allegedly been in the possession of taser, two slingshots and a knife.
CONCERNS ABOUT DEPRIVATION OF CIVIL LIBERTIES
The granting of police the ability to use these powers in circumstances without a warrant or with no suspicion that an individual has conducted any wrongdoing infringes upon one’s civil liberties. The laws have been recognised by the NSW Premier as being ‘inconvenient’, although is considered by the Premier and his NSW Government to be necessary in order to ensure public safety.
HAVE YOU BEEN CHARGED WITH A KNIFE OFFENCE?
If you or someone you know have been charged with a knife offence, contact us immediately to speak with one of our expert lawyers who have a proven record of securing the best results.