Question for Capts/FOs
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Join Date: May 2005
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Question for Capts/FOs
What,if any,jurisdiction does a UK member of the police hold on a flight originating in the UK,have seen something mentioned on another thread and just wondered.Re passenger restraint/arrest.
I was under impression Capt had sole auth and I cannot find anything otherwise in my Trev Thom...
Thanks in advance.
I was under impression Capt had sole auth and I cannot find anything otherwise in my Trev Thom...
Thanks in advance.
Join Date: Jun 2002
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G reg - all depends whether physically (and not legally with regard to ANO) in-flight or on ground, doors open or closed etc... And if the nasty bastard is a lawyer you will probably be found to be in the wrong anyway. Tread carefully on this one.
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Get ready.........,
The Air Navigation Order (ANO) sets out four main passenger related offences:
1/ Recklessly or negligently acting in a manner likely to endanger an aircraft or any person therein.
2/ Disobeying a lawful command of the aircraft commander where it concerns the safety of the aircraft, persons, property or efficiency of air navigation.
3/ Boarding an aircraft when drunk or being drunk in the aircraft, and of any crew member being under the influence of drink or drugs in an aircraft so as to impair their capacity to perform their duties.
4/ Smoking on an aircraft while the no smoking signs are illuminated.
Such offences can only be dealt with under the ANO if the offences have been committed on UK registered aircraft.
The Police, including off-duty PO's, only have a conditional power of arrest under s.25 PACE. ie: no arrest can take place where service of a summons is possible. So, in most cases therefore, an address suitable for service of summons can be quickly established and arrest is precluded.
But, the Commander of a flight has clearer powers, since this power is all encompassing and over and above the arrest powers contained in PACE - s.94 Civil Aviation Act 1982 allows Commander (or any other person with his authority) to take reasonable measures, including restraint, in respect of any person who has "done or is about to do any act during the flight which may jeopardise the safety of the aircraft, passengers or property, or good order and discipline on board."
Ok, so the Law lesson is over! What was the origianal question again???? Oh yes........,
In summation M'lud, it is my understanding that an on/off-duty PO has no automatic power of arrest because the offences do not stipulate a statutory one. Only under s.25 PACE does one exist, ie. '...cannot establish your name,' '...an arrest is necessary to prevent injury to yourself/other/damage to property,' and then only on a UK reg. a/c or bound for the UK.
Much better to use the power under s.94 CAA 1982, where ANY PERSON may take action in respect of an arrestable offence on board an a/c in flight, and where it is further an offence to disobey a lawful command of the aircraft commander where it concerns the safety of the aircraft, persons, property or efficiency of air navigation.
So, a warrant card may be redundant! Depends on the circumstances.
*yawn!* That's me done in! My brains' a bit of a muddle now!
The Air Navigation Order (ANO) sets out four main passenger related offences:
1/ Recklessly or negligently acting in a manner likely to endanger an aircraft or any person therein.
2/ Disobeying a lawful command of the aircraft commander where it concerns the safety of the aircraft, persons, property or efficiency of air navigation.
3/ Boarding an aircraft when drunk or being drunk in the aircraft, and of any crew member being under the influence of drink or drugs in an aircraft so as to impair their capacity to perform their duties.
4/ Smoking on an aircraft while the no smoking signs are illuminated.
Such offences can only be dealt with under the ANO if the offences have been committed on UK registered aircraft.
The Police, including off-duty PO's, only have a conditional power of arrest under s.25 PACE. ie: no arrest can take place where service of a summons is possible. So, in most cases therefore, an address suitable for service of summons can be quickly established and arrest is precluded.
But, the Commander of a flight has clearer powers, since this power is all encompassing and over and above the arrest powers contained in PACE - s.94 Civil Aviation Act 1982 allows Commander (or any other person with his authority) to take reasonable measures, including restraint, in respect of any person who has "done or is about to do any act during the flight which may jeopardise the safety of the aircraft, passengers or property, or good order and discipline on board."
Ok, so the Law lesson is over! What was the origianal question again???? Oh yes........,
In summation M'lud, it is my understanding that an on/off-duty PO has no automatic power of arrest because the offences do not stipulate a statutory one. Only under s.25 PACE does one exist, ie. '...cannot establish your name,' '...an arrest is necessary to prevent injury to yourself/other/damage to property,' and then only on a UK reg. a/c or bound for the UK.
Much better to use the power under s.94 CAA 1982, where ANY PERSON may take action in respect of an arrestable offence on board an a/c in flight, and where it is further an offence to disobey a lawful command of the aircraft commander where it concerns the safety of the aircraft, persons, property or efficiency of air navigation.
So, a warrant card may be redundant! Depends on the circumstances.
*yawn!* That's me done in! My brains' a bit of a muddle now!
