Custody of a Knife in a Public Place or School
Custody of a Knife in a public place or school is an offence under Section 11C of the Summary Offences Act 1988 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed a knife, and
- You were in a public place or school
A knife includes:
- A knife blade,
- A razor blade, and
- Any other blade
A public place is:
A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons.
It includes privately owned places that are open to the public, such as:
- Shopping centres and stores within them
- Restaurants, pubs and clubs, and
- Sporting venues
A defence to the charge is that you had a ‘reasonable excuse’ for possessing the knife which includes, but is not limited to, the knife being ‘reasonably necessary’ for:
- The lawful pursuit of your occupation, education or training
- The preparation or consumption of food or drink
- Participation in lawful entertainment, recreation or sport
- Exhibition for retail, trade or collector purposes
- Wearing an official uniform, or
- Genuine religious purposes
The onus is on you to prove the reasonable excuse ‘on the balance of probabilities’ which means greater than 50%.
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