Re: Detaining pax on board - Legalities?
bjcc
We may be close to agreement on something for a change, but as always I like to look at the detail.
In relation to the powers of arrest and the new s.24 inserted in PACE, there is also a new s.24A inserted that covers the powers of arrest for persons other than constables. The 24A change is that the ability to make a "citizen's arrest" is no longer based on the test of arrestability, but that the offence should be indictable. Broadly, there is likely to be only one indictable offence on an airplane for which a non constable could arrest a person which is endangering the safety of an aircraft - Art.73 of the ANO. The simple act of disobeying the lawful command of a commander is a summary offence only - a citizen cannot arrest someone for this, but it is an argument for police in the air! (But as you pointed out, the indictable offence could land someone in jail for 5 years and is similar to the old arrestability test.)
What could happen if you tried to arrest someone as a citizen and you had no power of arrest? Could you be sued for assault, wrongful imprisonment and false arrest? All of these are possibilities. The remedy to anyone suing someone for false imprisonment etc. is usually damages.
In respect of making an arrest where someone is threatening the safety of the aircraft, s24A (b) provides a defence to a citizen making such an arrest if he had "reasonable grounds for suspecting".
If a citizen makes an arrest for any other reason on a plane, I suggest he could be in trouble. Arrest means to physically restrain or detain somebody, and in the UK this is unlawful unless the law gives someone the power of arrest. So if somebody is being wrongly arrested, he can therefore use reasonable force to resist, and the person making the unlawful arrest could be on the end of an assault charge.......