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NSW Police authorised to address knife crime through use of metal-detecting wands on members of the community

The New South Wales Government has introduced new ‘wanding powers’ enabling police to use handheld scanners to stop and scan individuals, aiming to reduce knife crime.

wanding powers

The handheld scanners are essentially electronic metal-detecting ‘wands’. The powers will enable police to utilise the devices without a warrant at designated areas.

The powers were introduced on 9 December 2024, with ‘Operation Ames’ launched 3 days after which became the state’s first wanding operation in Sydney at Central Station.

Police officers involved scanned 382 people, with 12 searched. Out of those searched, 10 people were charged with possessing weapons or drug paraphernalia.

This included a 41-year-old man who was allegedly in possession of a taser, and a 30-year-old woman who allegedly had a taser, two slingshots and a knife.

The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 amended the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), to introduce the ‘wanding powers’.

The powers are presently in a trial phase with a review to be undertaken as soon as possible following 2 years of operation. Following this, a report is to be tabled on the powers’ operation within 3 years, which will determine whether they continue.

Where do the wanding powers apply?

The power for police to ‘stop and scan’ individuals with wands is enlivened by a Senior Police Officer declaring a zone a ‘designated area’ for up to 12 hours, with an option to extend.

Places that can be designed areas include:

  • Public Transport Stations (i.e., train, bus, tram stations and their surrounds including car parks or set down facilities),
  • Public Transport Vehicles within two scheduled stops of a designated public transport station,
  • Shopping precincts,
  • Certain sporting venues, and
  • Other public places, designated by regulation, including special events and places that are part of the night-time economy.

However, wanding powers will only be able to be ‘turned on’ in such designated areas where any of the following has occurred at the place in the previous 12 months:

  • at least 1 offence committed by a person armed with a knife or other weapon, or
  • at least 1 serious indictable offence (an offence punishable by 5 years or more imprisonment) involving violence against a person, or
  • more than 1 offence of possessing a knife or prohibited weapon in a public place or school.

The Senior Police Officer needs to consider that the use of hand-held scanners is likely to be effective in detecting or deterring offences involving a knife or other weapon.

They will also have to consider the effect the use of the scanners will have on lawful activity in the area, and (where the powers have been utilised before) whether knives or other weapons were found during the period the place was previously a designated area.

What do the powers involve?

The powers allow police officers to stop any person in the designated area and scan them with a handheld metal scanner.

If the hand-held scanner indicates metal, the police officer may require the person to produce the thing that may be causing the hand-held scanner to indicate that metal is, or is likely to be, present, and resubmit to the use of a hand-held scanner.

It is a criminal offence to, without reasonable excuse, fail or refuse to comply with a requirement made of the person by a police officer in connection with these powers. A maximum penalty of a $5,500 fine is applicable.

The police officer utilising the scanner must exercise the power in the least invasive way practicable in the circumstances. If reasonably practicable, the police officer must be of the same sex as the person being scanned.

The Act provides that the police officer may detain the person for as long as is reasonably necessary to exercise the power.

Attorney General, Michael Daley noted in the Act’s second reading speech that if during the exercise of the powers, a police officer suspects on reasonable grounds a person is in possession of a dangerous article, such as a knife or other weapon, the police officer may be able to search the person in accordance with the ordinary search powers.

What do the powers involve?

The powers allow police officers to stop any person in the designated area and scan them with a handheld metal scanner.

If the hand-held scanner indicates metal, the police officer may require the person to produce the thing that may be causing the hand-held scanner to indicate that metal is, or is likely to be, present, and resubmit to the use of a hand-held scanner.

It is a criminal offence to, without reasonable excuse, fail or refuse to comply with a requirement made of the person by a police officer in connection with these powers. A maximum penalty of a $5,500 fine is applicable.

The police officer utilising the scanner must exercise the power in the least invasive way practicable in the circumstances. If reasonably practicable, the police officer must be of the same sex as the person being scanned.

The Act provides that the police officer may detain the person for as long as is reasonably necessary to exercise the power.

Attorney General, Michael Daley noted in the Act’s second reading speech that if during the exercise of the powers, a police officer suspects on reasonable grounds a person is in possession of a dangerous article, such as a knife or other weapon, the police officer may be able to search the person in accordance with the ordinary search powers.

What are search powers?

Part 4 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines police powers of search and seizure without a warrant.

It provides that police can stop, search and detain you, without a warrant, if they suspect on reasonable grounds that you have anything:

  • stolen or otherwise unlawfully obtained,
  • that has been or is intended to be used to commit a crime or in connection with a crime (including those classified as dangerous articles such as prohibited weapons, firearms, spear guns, detonators),
  • classified as a prohibited drug or plant (examples include cannabis, cocaine, ketamine, ecstasy).

If any of the outlined items are discovered during a search, officers may seize and detain it.

The police may utilise two main types of searches, dependant on the scenario, namely a general search or a strip search.

During a general search, it may involve a police officer quickly running their hands over your outer clothing, as well as them requiring you to remove your coat or jacket and any gloves, shoes, socks, or your hat.

Strip searches differ in that they can only be performed where police suspect on reasonable grounds that it is necessary, and the circumstances are ‘serious and urgent’.

This will depend upon the facts of the situation, and officers are required to provide their reasons for characterising it as necessary within serious and urgent circumstances.

However, the circumstance being ‘serious and urgent’ is not required where the search is conducted in a police station or other place of detention.

Strip searches generally involve the removal of all a person’s clothes. However, it must not involve a search of a person’s body cavities or examination of the body by touch.

It should also not involve removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary.

They are required to be conducted in a private area which is not in the presence or view of a person who is of the opposite sex (to the person being searched) or anyone whose presence is not necessary for the purposes of the search, as far as this is reasonably practicable.

Has this helped? Be sure to explore our blog or contact our office further if you find yourself in a similar situation or requiring advice on knife related crime or searches.

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