Drunken ravers cross LTN’s runway
Join Date: Jun 2001
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Having done a little digging at lunchtime, according to the Aviation and Maritime Security Act 1990 section 21C.
(1) A person shall not—
(a) go, with or without a vehicle, onto any part of a restricted zone of— (i) an aerodrome, ...............except with the permission of the manager of the aerodrome..............or a person acting on behalf of that manager or authority, and in accordance with any conditions subject to which that permission is for the time being granted, or
(b) remain on any part of such a restricted zone after being requested to leave by the manager of the aerodrome............ or a person acting on behalf of that manager or authority.
(2) Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone.
(3) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."
Assuming that the runway and perimeter is "restricted", and providing that there were notices to this effect along the fence line, that would appear to indicate that any person in violation can be arrested.
(1) A person shall not—
(a) go, with or without a vehicle, onto any part of a restricted zone of— (i) an aerodrome, ...............except with the permission of the manager of the aerodrome..............or a person acting on behalf of that manager or authority, and in accordance with any conditions subject to which that permission is for the time being granted, or
(b) remain on any part of such a restricted zone after being requested to leave by the manager of the aerodrome............ or a person acting on behalf of that manager or authority.
(2) Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone.
(3) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."
Assuming that the runway and perimeter is "restricted", and providing that there were notices to this effect along the fence line, that would appear to indicate that any person in violation can be arrested.
Join Date: Jul 2000
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Actually, Newswatcher, I seem to recall from my limited exposure to criminal law (limited to a term of it at University) that a summary offence is one for which you may be summonsed to court, not arrested. An indictable offence would lead to an arrest.
[dons flak jacket and retreats to a dark corner whilst he waits for a criminal lawyer to tell him he's got it completely cockeyed...]
[dons flak jacket and retreats to a dark corner whilst he waits for a criminal lawyer to tell him he's got it completely cockeyed...]
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I am not a lawyer, but I am pretty sure that a summary offence is one that can only be heard by magistrates, and an indictable offence is one for the Crown Court. There is a big group of either-way offences in the middle which might be heard in either court, depending on the circumstances.
There is, however, a difference between an arrestable offence and a non arrestable one. Police Officers have to be very au fait with that one, and it is as well for the rest of us to be dead careful before trying a Citizens' Arrest. Get it wrong, and it can be expensive.
There is, however, a difference between an arrestable offence and a non arrestable one. Police Officers have to be very au fait with that one, and it is as well for the rest of us to be dead careful before trying a Citizens' Arrest. Get it wrong, and it can be expensive.
Lawyerboy
I'm not a lawyer - so please forgive me if I'm butting in on your turf - but I think JPJ may be correct.
The important difference is between Arrestable and Non-Arrestable offences - with an Arrestable offence being either defined as such in the Statute that creates the offence, or any offence carrying a period of imprisonment of, I think, 5 years or more.
Many defendants who will be tried in a Magistrates Court will have been arrested by the Police and brought to Court that way.
For example, in the UK "Drink Driving" is a summary only offence, and can only be tried in a Magistrates Court, but it is an offence for which one is arrested - after failing or refusing the roadside screening test.
As posted above, the likely penalties for a Police Officer who gets it wrong would seem to act as a considerable dis-incentive to swift and robust law enforcement!
[ 13 August 2001: Message edited by: Bellerophon ]
I'm not a lawyer - so please forgive me if I'm butting in on your turf - but I think JPJ may be correct.
The important difference is between Arrestable and Non-Arrestable offences - with an Arrestable offence being either defined as such in the Statute that creates the offence, or any offence carrying a period of imprisonment of, I think, 5 years or more.
Many defendants who will be tried in a Magistrates Court will have been arrested by the Police and brought to Court that way.
For example, in the UK "Drink Driving" is a summary only offence, and can only be tried in a Magistrates Court, but it is an offence for which one is arrested - after failing or refusing the roadside screening test.
As posted above, the likely penalties for a Police Officer who gets it wrong would seem to act as a considerable dis-incentive to swift and robust law enforcement!
[ 13 August 2001: Message edited by: Bellerophon ]
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As I said, I always stand to be corrected 
. As a matter of interest, I also seem to recall (and hopefully my recollection will be a little better this time) that matters are made considerably more complicated by the fact that Joe Public may only safely effect a citizen's arrest where an offence has actually been committed by the person that one is trying to arrest. Only the police may arrest someone on suspicion of having carried out an arrestable offence. Another reason that store detectives are generally a cautious lot.
. As a matter of interest, I also seem to recall (and hopefully my recollection will be a little better this time) that matters are made considerably more complicated by the fact that Joe Public may only safely effect a citizen's arrest where an offence has actually been committed by the person that one is trying to arrest. Only the police may arrest someone on suspicion of having carried out an arrestable offence. Another reason that store detectives are generally a cautious lot.
ex-Tanker
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Well as a matter of fact, Interference with Public Transport IS a criminal offence - internationally.
This is the law under which louts on board were usually nabbed before the newer Air Rage laws started to come into effect.
The Sabena employees who held back a Swissair A-320 could also have been prosecuted under this law.
In my experience the local police are very loath to come to the assistance of Luton aircraft - go elsewhere if you want intervention from that source.
This is the law under which louts on board were usually nabbed before the newer Air Rage laws started to come into effect.
The Sabena employees who held back a Swissair A-320 could also have been prosecuted under this law.
In my experience the local police are very loath to come to the assistance of Luton aircraft - go elsewhere if you want intervention from that source.
