New NSW Knife Laws are Dropping Jaws
What are the new laws:
In the midst of the recent Knife crime increase, especially that of in NSW. The NSW government has seen a need from reform and has proposed the following changes.
New Police Powers:
Photo by Igor bispo on Unsplash
Legislation modeled on Queensland’s Jack’s Law.
Police can "wand" or "scan" individuals for knives without a warrant in designated areas where recent knife-related crimes have occurred.
Police can obtain a 12-hour authority (extendable) to conduct searches.
Restrictions on Knife Sales:
Illegal to sell knives to individuals under 18, with exceptions for work or study purposes.
Increased penalties for selling knives to minors.
Intent and Purpose of Reforms:
Aimed at reducing knife-related crime and enhancing community safety.
Builds on previous actions like doubling penalties for knife offenses and reviewing sentencing guidelines.
Supported by targeted police operations to seize weapons and combat anti-social behavior.
These legislative changes represent a comprehensive effort by the NSW government to combat knife-related violence through enhanced policing measures, stricter regulations on knife sales, and a strong stance against carrying knives in public spaces. The reforms aim to send a clear deterrent message to potential perpetrators while addressing the broader issue of community safety and crime prevention.
You can read more about this here including statements from Ministers and the Attorney General here
WHat could be wrong with those laws?
These laws have faced significant criticism, particularly from the Aboriginal Legal Service (ALS) NSW/ACT, due to several key concerns:
Disproportionate Targeting: The ALS argues that expanding police search powers will likely lead to increased targeting of Aboriginal people and other marginalized groups. They fear this will exacerbate existing biases and unfairly impact community members, potentially subjecting them to increased interactions with the criminal justice system.
Ineffectiveness and Lack of Evidence: A study by Griffith University revealed that similar laws in Queensland had no discernible impact on reducing violent crime. This casts doubt on the effectiveness of the proposed laws in deterring knife-related offenses.
3. Potential for Abuse: There are concerns about inappropriate use of stereotypes and cultural assumptions by police when determining whom to search. This raises fears of discriminatory practices and further marginalization of vulnerable communities.
4. Negative Impact on Community- Police Relations: The ALS highlights the risk of deteriorating relationships between Aboriginal people and law enforcement. They cite instances where individuals speaking out against police targeting have faced unwarranted charges, including offensive language and assault.
Furthermore, the ALS references the dismantling of the NSW Police's Suspect Targeting Management Program (STMP) due to discriminatory practices, indicating a systemic issue within law enforcement regarding the overrepresentation of Aboriginal and Torres Strait Islander young people as targets.
In summary, the ALS and other critics contend that the rushed implementation of these laws, without addressing underlying issues of bias and discrimination, could harm vulnerable populations and fail to effectively address knife-related violence. You can read more about this here.
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