September
2008:
Prison sentence upheld for l@zer louts *
Some of you may recall a recent thread concerning two oafs who had targeted a l@zer pen at a police helicopter. They came before HH Judge Tudor Owen at Snaresbrook Crown Court who sentenced them to six months custody.
The Court of Appeal recently considered their appeals and dismissed them observing that in the view of their Lordships the case clearly crossed the custody threshold and such a case could not be dealt with by any lesser penalty.
The Court further observed that His Honour Judge Owen "plainly took a great deal of care over this case." In passing sentence the learned judge said the message should go out that people who target helicopters in this idiotic and dangerous way should expect to receive custodial sentences.
"In our judgment the learned judge was right to make it clear that custodial sentences will usually follow when offenders committing this offence are caught*."
CAA Press Release April
2009:
"Laser louts to be targeted in new campaign"
The UK Civil Aviation Authority (CAA) is today launching a campaign to tackle the growing problem of lasers being maliciously directed at aeroplanes and helicopters, which can cause a significant safety risk. The move follows a dramatic rise in the number of incidents of pilots being distracted by lasers during critical phases of flight. During 2008 a total of 206 cases were reported to the CAA, compared with only 29 in 2007.
"There have already been a number of successful prosecutions in the UK with offenders receiving custodial sentences, and the new campaign aims to highlight the penalties that they face."
Bob Jones, Head of Flight Operations at the CAA, said: “To those individuals targeting aircraft with laser devices the message is clear – don’t. You will be caught and you will be prosecuted and *you could spend up to five years in prison*.”
CAA Press Release January
2010:
"
New powers to tackle aircraft laser crime introduced"
A new law that makes shining a light or laser at an aircraft a specific criminal offence has been introduced. The UK Civil Aviation Authority (CAA), which initiated the new law, said it was in response to the growing number of incidents involving laser devices being shone at airliners and helicopters near British airports.
Previously, anyone caught shining a laser at an aircraft may have been charged with ‘recklessly endangering an aircraft’. Offenders may now be charged with ‘shining a light at an aircraft in flight so as to dazzle the pilot’, which it is expected will increase the conviction rate.
The CAA said that distracting or dazzling a pilot with a light or laser represented a serious safety risk.
The numbers of reported incidents of this type have increased 25 times in only two years. In 2009 there were a total of 737 attacks with lasers on commercial airliners, air ambulances and police helicopters across the UK, a considerable increase on the 29 incidents in 2007. Although there have been around a dozen successful prosecutions so far, many more arrests are expected as police air support units roll out new technology to catch offenders.
Bob Jones, Head of Flight Operations at the CAA, said
“This new criminal charge will strengthen the hand of law enforcement agencies in their efforts to tackle this problem. I advise individuals who may think shining a laser at an aircraft is a bit of fun, to think again. The chances of getting caught are increasing rapidly and, once caught, criminal charges are now inevitable."
The malicious use of lasers against aircraft has become a global problem in recent years with large numbers of incidents reported in the USA, Australia and Canada. 737 in the UK in 2009.
So -
- A serious safety risk
- A dramatic increase in reported incidents (x 25 in only two years)
- 2007: 29
- 2008: 206
- 2009: 737
- A Judge says the message should go out that people who target helicopters in this idiotic and dangerous way should expect to receive custodial sentences.
- The Court of Appeal says the Judge was right.
And was does the CAA/DfT do?
Initiates a specific offence to deal with the problem:
- That gives the courts
no power to impose custodial sentences!!! 
- That limits the
maximum fine that can be imposed to £2500.
- That is triable in the Magistrates Courts only, not by Judges in the Crown Court.
*"Offenders may now be charged with ‘shining a light at an aircraft in flight so as to dazzle the pilot’, which it is expected will increase the conviction rate."*
"Increase the conviction rate"?
How many (if any) laser louts prosecuted under the old law (Endangering) have not been convicted? As far as I know: None!
The courts used to impose fines when lasers attacks were relatively rare.
When they became much more prevalent and a serious problem in the past couple of years, the courts sensibly imposed more severe punishments and started sending people to prison.
This new offence takes us back to fines!
