Knife Possession in NSW: What Counts as a ‘Reasonable Excuse’ and Can Police Search You With a Wand?

If you carry a knife in New South Wales, when does it become a criminal offence? Is it illegal to keep one in your car? What if you use it for work? What about camping, fishing, food preparation, religious reasons, or sport? And can police now scan you in public without a warrant?

These are no longer niche questions. Knife laws have become one of the most talked-about areas of criminal law in NSW, especially after the expansion of police “wanding” powers and the continuing public debate about how far police search powers should go.

This is not just political rhetoric. As at March 2026, the NSW Government is in the middle of a statutory review of the knife wanding laws, with consultation open from 6 March 2026 to 27 March 2026. The review explains that Part 4A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) creates a framework allowing police, in certain circumstances, to declare public spaces as designated areas and conduct warrantless searches using hand-held metal-detection scanners, commonly called knife wands.

That alone tells you something important: this is a live issue, not a stale one.

But before getting to wanding powers, start with the core offence itself.

Under section 11C of the Summary Offences Act 1988 (NSW), a person must not, without reasonable excuse, have a knife in a public place or school. The maximum penalty is 20 penalty units or imprisonment for 2 years, or both. The law then gives examples of what can count as a reasonable excuse. These include where the custody of the knife is reasonably necessary for the lawful pursuit of a person’s occupation, education or training, for preparing or consuming food or drink, for lawful recreation or sport, for retail exhibition, for an organised exhibition by knife collectors, for wearing an official uniform, or for genuine religious purposes. It also extends to travel to or from, or incidental to, those activities. Critically, the law states that self-defence alone is not a reasonable excuse.

That last point catches many people out.

A lot of people think, “I only had it for protection.” In NSW, that is not the safe answer some people assume it is. In fact, the legislation expressly says that possession solely for self-defence or defence of another is not a reasonable excuse. So if someone tells police, “I carry it because you never know what might happen,” they may be handing the prosecution part of its case.

So what does “reasonable excuse” really mean in practice?

It means context matters. A chef travelling to work with knives has a very different explanation from someone carrying a knife during a night out in a shopping precinct. A person going directly to a lawful camping trip may be different from someone who has a knife on them outside a train station at midnight with no credible explanation. The law does not make every knife unlawful in every public place. It asks why it is there, whether that reason is lawful, and whether the possession is reasonably necessary in the circumstances.

That word “necessary” is doing real work.

It is not enough to say, “I might need it one day.” The excuse has to fit the facts. Was the person on the way to work? On the way back from fishing? Carrying it as part of religious dress? Transporting it for a genuine hobby or collection? Or was the explanation vague, inconsistent or obviously invented after the fact?

This is where many cases are won or lost. And then there are the newer police powers.

NSW Police state that under the newer framework, a senior police officer can declare designated places including public transport stations and surrounds, public transport vehicles within two scheduled stops of a designated station, shopping precincts, certain sporting venues, and other prescribed public places. Within those designated places, police can use hand-held scanners to search for knives or weapons without a warrant.

That is a major shift in practical policing. It means members of the public can now encounter knife scans in places that many people would consider routine parts of daily life: transport hubs, shopping areas and event precincts.

And these powers are not theoretical. NSW Police media releases show they are being actively used. In one March 2026 operation on the Mid North Coast, police said a 17-year-old was charged with custody of a knife in a public place after a knife was detected, and a 41-year-old was charged with a subsequent knife-custody offence after another scan.

So can police really scan you without a warrant?

In designated areas and under the legislative framework, yes, police can exercise those additional powers. That is exactly why civil liberties concerns have also been raised and why the statutory review is now under way. The review page itself makes clear that the law is being reconsidered and that public submissions are being sought.

That raises a broader question: do stronger police powers make the community safer, or do they risk overreach?

Reasonable people will disagree. Some will say these powers are common-sense prevention tools. Others will worry about over-policing, selective enforcement, or whether headline-driven reforms can go further than the evidence supports. Interestingly, parliamentary material in 2025 referred to BOCSAR data indicating that knife-related assault and robbery incidents were at their lowest levels in around 20 years of recording, even while calls were being made to urgently review the wanding powers. That tension is part of the current debate.

For criminal defence purposes, however, the immediate issue is simpler: if you are stopped with a knife, what explanation do you have, and can it be backed up?

Can you show you were going to work? Do you have tools, uniform, texts, rosters or other evidence that supports your account? Were you travelling directly to or from a lawful activity? Was the knife of a kind consistent with the explanation given? Did you tell police something unhelpful in the moment because you were flustered?

These details matter enormously.

They matter because knife charges often turn on what looked innocent to the accused but suspicious to police. Someone may say, “It was just in my bag.” The law’s response is, “Why was it in your bag in a public place?” A person may say, “I forgot it was there.” Sometimes that may be true. Sometimes the surrounding circumstances make that difficult to accept. Either way, assumptions can be dangerous.

Another common mistake is to think that because the knife was not used, the matter is minor. That is not always so. Mere custody in a public place can be enough for a charge if there is no reasonable excuse. The prosecution does not need to prove the knife was brandished or used violently to proceed under section 11C. That is precisely why these offences can catch people who never intended a confrontation at all.

Of course, there are also more serious knife offences in NSW. The Crimes Act 1900 (NSW) now includes further knife-related offences in Division 2A, including provisions about custody of knives in public places or schools. That means people charged in this area need careful advice about exactly which offence has been laid, what the prosecution must prove, and whether the allegation belongs in the Summary Offences Act framework, the Crimes Act framework, or both.

And what about sentencing?

As with most criminal matters, outcome depends on the seriousness of the conduct, prior record, whether the person was on bail or parole, the explanation for possession, any associated offending, and the quality of the material presented to the court. Some matters may result in fines or community-based outcomes. Others can become much more serious, especially where there are prior offences, bail issues, public fear, or aggravating facts.

The Take-away

First, do not assume a knife is lawful in public simply because you are not using it. Second, do not assume “self-defence” is a magic legal answer. In NSW, it is expressly not enough on its own for section 11C. Third, understand that police now have expanded powers to detect knives in designated areas without a warrant, and those powers are active on the ground. Fourth, if you are charged, get advice early. The difference between a credible explanation and an unhelpful statement can be significant.

This is also an area where public discussion matters. Do you think the current knife laws strike the right balance between safety and civil liberties? Should police have the power to scan people in transport hubs and shopping precincts without a warrant? Or should Parliament draw tighter boundaries? These are not abstract questions anymore. They are live issues in NSW right now.

If you have been charged with a knife offence, custody of a knife in a public place, wielding a knife, or a related weapons allegation, obtaining early legal advice can make a real difference to how the case is approached.

Call us at 1800 CRIM LAW for a free consultation. Help us help you understand your situation and get you the best outcome possible.