Re: Detaining pax on board - Legalities?
Trip Switch
You asked when you may detain a person on board.
I can't give you a simple answer. The general powers to detain a person (arrest) are in the Police and criminal evidence act. That also covers whats termed 'Citizens arrest'.
In short, any person may arrest a person that has committed an arrestable offence, or a person who he has reasonable cause to suspect has committed one. (I have not used the exact wording)
An arrestable offence is one which carries a penatly of 5 years imprisonment for the first offence (again thats a simplistic version of what the legislation says)
Offences under the Air Navigation order carry a maximum penalty of 2 years imprisonment, thus are not arrestable offences, and carry no 'any person' power of arrest.
If you ask your pax to wait in their seats until police arrive, and they comply with that 'request' is it arrest? Possibly, although I wouldn't like to bet on it. Flying lawyer would be the person to give you a better answer to that. I would guess it would depend on exactly what you said.
The detention for 'economic' reasons, which sparked this, would not be legal. I can see the common sense of not allowing a pax off to go wandering about on his own. However, being airside in itself is not an arrestable offence and there is therefore no power to arrest. Even if it were, the power would not come into being for 'any person' until an offence had been committed, ie they had actually got off and entered the restricted area.