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Rogue Pax on Virgin flight

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Old 22nd Mar 2006, 01:22
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Rogue Pax on Virgin flight

Just to get the ball rolling, I think this flight is still in the air on route to Perth. Heard over centre that they had a pax that was restrained and handcuffed. 3 Offduty police onboard that cuffed the pax. The aircraft would have been close to AD when the problem started, (SYD-PH), so wondering why they wouldn't have diverted to AD. Wonder if they found a gag for him???
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Old 22nd Mar 2006, 03:36
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The pax is restrained, why should they divert? Extra landing fee, additional fuel, passenger and aircraft schedule disruption. WA police can handle it on landing in Perth.
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Old 22nd Mar 2006, 03:39
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Perhaps it's a question of jurisdiction. Whilst domestic flights come under federal legislation, if your story is correct and the off duty officers are from WA, then perhaps that could be one reason for continuing. There are of course a myriad of other possibilities, perhaps we should just wait and see...
Cheers, HH.
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Old 22nd Mar 2006, 04:46
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I'm surprised they didn't ask him to leave the aircraft immediately.

"Sir if you would like to step outside, I'm sure we can resolve the issue."

or

"Roit boof head, you're gone! Tell your story walkin pal."

Seat 32K should be the "special seat" and ejects itself from the aircraft.
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Old 22nd Mar 2006, 06:07
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Not one word of it in the general media yet; no screaming pax in tears captured on film...
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Old 22nd Mar 2006, 08:12
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The pax is restrained, why should they divert? Extra landing fee, additional fuel, passenger and aircraft schedule disruption. WA police can handle it on landing in Perth
I've always been told by legal eagles if you arrest a pax under the Aviation Crimes act or whatever it is called (escapes me now) to only hand them to Fed coppers.


[edit: Federal police... not well fed police ]
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Old 22nd Mar 2006, 09:25
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Seen on ACA tomorrow night ->

"Passengers narrowly escape death at 50,000'!!!"
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Old 22nd Mar 2006, 12:33
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I can't remember which para of the Crimes Act 1914 (Cth) contains the provision, but a pilot in command may exercise the arrest powers of a constable. I seem to rememebr there are parallel provisions in the NSW Crimes Act.

It is a maxim of "British Justice" that any arrest is only made in order to bring an accused before a Magistrate - hence the American TV series "Night Court"
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Old 22nd Mar 2006, 12:51
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He probably got a bit stroppy because the 'dizzies' wanted to paint his face like all the other 'guests'.

Disco Stu
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Old 23rd Mar 2006, 01:06
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Originally Posted by Bendo
I can't remember which para of the Crimes Act 1914 (Cth) contains the provision, but a pilot in command may exercise the arrest powers of a constable. I seem to rememebr there are parallel provisions in the NSW Crimes Act.
It is a maxim of "British Justice" that any arrest is only made in order to bring an accused before a Magistrate - hence the American TV series "Night Court"
Bloody hell, you serious about that. Your saying on the flight a Captian in charge has the authority of arrest?

Not saying much but we picked him up, as the plane landed. We were closest when the call came over. The joys!!!!!!! of being a bean - counter in the force and then doing something diffrent :P
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Old 23rd Mar 2006, 01:45
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A Captain is the law in the air or at sea and as such has complete power and responsibility to uphold our societys law, he/she may take any measures he/she deem neccessary to maintain the safety of his/her passengers and crew.

Would look pretty kinky having a set of handcuffs strapped to that sparkling uniform and would come in very handy on the overnighters!

J/K
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Old 23rd Mar 2006, 01:46
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True dinks Skystar.

P-I-C has powers of arrest and may delegate the performance of restraint (if neccessary) to 3rd parties. The Crimes Act (Aviation 1991 gives the PIC authority to arrest when in flight either
1) Within a territory or
2) Between 2 states or,
3) Between a state and a territory.
Thus under the Actthere are no powers of arrest on intra state flights. Authority for arrest and restraint in this instance is given by CAR 309, by recollection.
 
Old 23rd Mar 2006, 01:47
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Post Here ya go

Crimes Act 1900 (NSW) from www.austlii.edu.au

353C Arrest by commander of aircraft
(1) The person in command of an aircraft may, on board the aircraft, with such assistance as is necessary, arrest without warrant a person whom he or she finds committing or reasonably suspects of having committed, or of having attempted to commit, an offence on or in relation to, or affecting the use of, an aircraft and that person in command or a person authorised by him or her for the purpose may hold the person so arrested in custody until he or she can be brought before a Justice or other proper authority to be dealt with according to law.
(2) The person in command of an aircraft may, where he or she considers it necessary so to do in order to prevent an offence on or in relation to, or affecting the use of, the aircraft or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he or she thinks necessary:
(a) place a person who is on board the aircraft under restraint or in custody, or
(b) if the aircraft is not in the course of a flight, remove a person from the aircraft.
Remember, an arrest can only be made to detain a person to bring them before a magistrate for hearing. The new anti-terrorism laws change that, and they allow the cops to arrest you before you commit any offence and then they can go out and make their case against you while you sit naked in a cell with Lindy England and a Doberman taking photos of you.

...or should that be, sit naked in a cell with a Doberman, and Lindy England taking the photos?
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Old 23rd Mar 2006, 08:04
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Unrowdy Pax.

G'day 'Zark' et all......
Heard on radio station 6PR (Perth) today - an 'unrowdy pax' was escorted to the rear of the acft by cabin crew and 3 'on duty' NSW police officers who were travelling, arrested said person, who was then handed over to the FED Police on arrival Perth.
Charges pending, and max penalty mentioned in news item, is a max. of 10 years.
Cheers to all.
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Old 23rd Mar 2006, 08:12
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You will often find that State Police are delegated as Federal Police and vice versa.

translation: The Victorian cops don't break off the chase at the NSW Border!
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Old 23rd Mar 2006, 08:58
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Jeez, Bendo, where's ya bin mate? I thought you must have died!
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Old 23rd Mar 2006, 11:35
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Binos mate

...lost my password and changed ISPs, then suffered a computer crash... not necessarily in that order.
I have been here all along, I promise Bin got married pour yir ago, missus had picanninny 3 wik ago eh.
Computer crashed again last week and it can remember Bendo's password (even if I can't) so Bendo rides again.
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Old 23rd Mar 2006, 11:53
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CAR 309
(2) A person who, on an aircraft in flight, whether within or outside
Australian territory, is found committing, or is reasonably suspected of
having committed, or having attempted to commit, or of being about
to commit, an offence against the Act or these Regulations may be
arrested without warrant by a member of the crew of the aircraft in the
same manner as a person who is found committing a felony may, at
common law, be arrested by a constable and shall be dealt with in the
same manner as a person so arrested by a constable .


Bendo - still chuckling at the SMS mate, hope you're feeling better! Congrats once again, we're in Syd from Easter thru to following Sunday if you're around for a beer or five? I'll drop you line shortly.
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Old 23rd Mar 2006, 14:36
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you guys should read the jcab laws!!!!!!!!!!
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Old 25th Mar 2006, 14:50
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Its about time your flight crews started carrying 40mm(makes for a great deterrent).....start out with a pistol whipping,and if that doesnt work..........
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