Originally Posted by
Alsacienne
Speaking as one personally involved with the delays at LGW yesterday, might it be legally permissible to destroy a drone without warning and without risk of legal compensatory action by its owners if it were flying in an area that compromised the safety of those around it in the air and on the ground?
Possibly.
It all falls within the "Lawful Excuse" defence and would likely still need to be put before the courts/CPS.
From the Criminal Damage Act (1971):
"Section 5(2) provides that a person is to be treated as having a lawful excuse, whether or not he would be so treated apart from its provisions:
"(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction or damage to the property in question had so consented or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or
(b) if he destroyed or damaged or threatened to destroy or damage the property in question ...in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed- (i) that the property, right or interest was in immediate need of protection; and (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances."
On the basis of s5(1), the s5(2) defence applies to ss 1(1), 2(a) and 3(a) only. Under s5(3) it is immaterial whether a belief is justified or not if it is honestly held. Section 5(5) makes it clear that these provisions operate without prejudice to any other defence available to a criminal charge."