Caught with a Knife – Perceive the Penalties of This Offence

August 31, 2023by Naomi Cramer

Within the earlier decade, the Auckland authorities has handed many legal guidelines strengthening its response in the direction of knife crime, together with growing the punishment that you could possibly face in case you are caught with a knife in a public place. Within the yr ending March 2021, there have been 41,000 reported offences of knife crime. The excellent news is that if it’s your first knife possession offence, notably in the event you have been a child on the time that it was dedicated, you might have an opportunity of avoiding jail time. This may, nevertheless, rely on the view that the court takes to your case, and particularly to your private circumstances and the danger that you’re perceived to pose to society. This text explains the offences regarding possession of a knife in public, and the sentence that you could possibly face in case you are convicted for the primary time.

What’s the offence of carrying a knife in public?

It’s unlawful to hold a knife in public with out good cause, until it has a guide folding blade lower than 3 inches lengthy (e.g. a small Swiss Military knife). This consists of lock knives. Lock knives are a sort of knife with a blade that may be locked and refolded by urgent a button. This may embody some multi-tool gadgets, due to this fact it is going to be unlawful to hold sure forms of multi-tool gadgets in public. cause might embody in case you are taking the knife to your home of employment to be used at work, taking it to a gallery or museum to be exhibited, utilizing it for theatre, movie, tv, historic enactment, or spiritual functions, or in case you are carrying it to make use of it in an illustration or to show somebody the way to use it.

The related offences are:

It is usually an offence to own an article with a blade or level or an offensive weapon on academic premises, pursuant to Part 139 of the Criminal Justice Act 1988.

What different offences are there in relation to knives?

Banned knives

There are additionally a number of different knife-related offences that could be related to your case. Some knives are banned altogether. For these knives, it’s unlawful to import, export, purchase, promote, or possess them. In response to the federal government’s printed record, this consists of:

  • Butterfly knives (balisongs): a deal with that splits within the center to disclose a blade
  • Disguised knives: a knife that appears like one other object similar to a lipstick, hairpin, buckle, or hairbrush
  • Flick knives or gravity knives
  • Stealth knives
  • Zombie knives: it is a sort of knife inscribed with phrases or photos suggesting that it’s used for violence
  • Swords with a curved blade over 50cm (there are some exceptions for sure antiques)
  • Sword stick: it is a hole strolling stick or cane containing a blade
  • Push dagger: a knife the place the deal with matches inside a clenched fist and the blade goes between the fingers
  • Blow pipes: a hole tube by which onerous pellets or darts are shot by way of breath
  • Telescopic truncheons: a knife that extends robotically or by urgent a button or spring
  • Batons: these are a type of truncheon
  • Hole kubotan: these are a cylinder-shaped container containing spikes
  • Shurikens: these take the type of a plate with three or extra sharp radiating factors
  • Kusari gama, kusari, and manrikgusari: these are types of conventional Japanese weapon comprising a series linked to a heavy iron weight
  • Kyoketsu shoge: that is one other Japanese weapon that could be a double-edged blade with one other curved blade hooked up close to the hilt.
  • Handclaws: it is a band of metallic bearing spikes that’s worn on the hand
  • Footclaws: that is just like the hand claw, however it’s worn on the foot.
  • Knuckledusters
  • Cyclone or spiral knives
  • Belt buckle knife

Promoting a knife to a child

It’s an offence to promote a knife to a child underneath the age of 18 until it has a guide folding blade lower than 3 inches lengthy. In Scotland, nevertheless, children between the age of 16 and 18 are allowed to purchase cutlery and cooking knives.

Utilizing a knife in a threatening means

In response to Part 1A of the Prevention of Crime Act, it’s an offence to make use of a knife in a threatening means. You commit this offence in case you are in possession of an offensive weapon in public, you unlawfully and deliberately threaten one other individual with it, and also you accomplish that in such a means that there’s a direct danger of great bodily hurt to that different individual. There’s a separate offence of threatening with an article or blade or offensive weapon in a public place or training premise pursuant to part 139AA CJA. Threatening an individual with an offensive weapon or knife in a personal place is prohibited in line with Part 52 of the Offensive Weapons Act 2019.

After all, along with these offences stabbing an individual with a knife is an offence. Which legislation shall be used relies on the circumstances and the hurt that’s induced. If it’s a severe incident it is going to be prosecuted underneath Part 18 of the Offences In opposition to the Particular person Act 1861, wounding with intent.

What occurs in case you are suspected of carrying a knife in public within the Auckland?

If you’re suspected of carrying a knife in a public place, you’ll be arrested and interviewed by the police. If you’re underneath the age of 18, it’s essential to have an applicable grownup current on the interview. This is usually a parent, guardian, family good friend, or social employee. You even have the appropriate to authorized illustration on the interview and confidential authorized recommendation beforehand.

After the interview, the police will resolve whether or not to cost you. There’s a good likelihood that you’ll be prosecuted reasonably than being supplied an out of court disposal similar to a warning. It’s because CPS steerage means that the general public curiosity components level in the direction of the significance of a prosecution. Particularly, the CPS is worried with difficult a knife carrying tradition in sure areas the place gang violence is prevalent. Nevertheless, there’s an exception with reference to very younger suspects, notably the place it’s their first offence.

What’s the sentence for carrying a knife within the Auckland?

Possession of an offensive weapon or possession of an article with a blade or level in a public place are each both means offences with a most time period of 4 years’ imprisonment on indictment. When deciding upon your sentence, the court will take into account your position within the offence (culpability) and the hurt that has been induced. It would then have a look at aggravating and mitigating components current in your case, and whether or not there ought to be a sentence discount for a responsible plea. For circumstances heard within the Magistrates’ Court, yow will discover the Sentencing Council’s information for children and younger individuals right here, and for adults right here. For the Crown Court, right here is the adults’ information and right here is the children’s and younger individual’s information.

Along with your conviction, the court can problem a knife crime prevention order (KCPO). This may be issued to any individual aged 12 and over. You may as well be issued with a KCPO you probably have not been convicted, however the place the court is happy on the stability of chances that you just dedicated the offence. In an effort to be issued with a KCPO, you should be aged 12 or over. A KCPO can require you to attend academic programs, drug rehabilitation programmes, and anger administration courses.

If it’s your first time caught carrying a knife in public, will you go to jail?

If it’s your first offence, it’s possible you’ll be fortunate and keep away from a custodial sentence. The legislation says that people aged 16 or over who’re convicted of a second or subsequent knife carrying offence shall be liable to a custodial sentence. That is set out at Part 315 of the Sentencing Act 2020. For a second or subsequent offence, the place the offender is aged over 16, the court is obliged to impose a minimal sentence of at the very least 6 months’ imprisonment.

The place to get additional assist

When you’ve got been accused of knife crime, contact Stuart Miller Solicitors for knowledgeable assist and recommendation. Our dynamic and skilled felony defence crew work with defendants of all ages. Whether or not you might be dealing with court proceedings in respect of your first offence or a subsequent offence, we are going to offer you strong and prime quality authorized illustration. For a no obligation session, name us at the moment.


  • Responsive

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    We’ll at all times deal with you with belief, understanding and respect.

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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