Disruptive Jet2 passenger getting a big bill
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I've met the odd Crown Court judge who would love that to be true, but it isn't. 
The DM appears to be implying that she is charged with "assault by beating" (s.39 CJA 1988) and "recklessly or negligently acting in a manner likely to endanger an aircraft, or any person in an aircraft" (s.240 ANO 2016).
My money would be on her pleading/being found guilty on the former charge and either found not guilty or no evidence offered on the latter.
The DM appears to be implying that she is charged with "assault by beating" (s.39 CJA 1988) and "recklessly or negligently acting in a manner likely to endanger an aircraft, or any person in an aircraft" (s.240 ANO 2016).
My money would be on her pleading/being found guilty on the former charge and either found not guilty or no evidence offered on the latter.
The other will be dropped.
The DJ decided that his sentencing powers for the either way offence were insufficient in any event so he ‘sent’ it to the Crown Ct.
In the Mags Ct the Defence lawyer will have already canvassed whether the Crown would take a G Plea to the lesser offence - to no avail.
Thus, she’ll have to plead to the more serious offence in the Crown Ct altho’ if she’s no ‘form’ she may yet get a ‘bender’ ie a suspended sentence, especially if she’s shown willing and already started paying the airline some compo.
oh please, enough with the holier than thou.
Apart from the genuinely mentally disturbed airlines could have stamped this out long ago if they wanted to. They are intentionally assuming the risk of an occasional diversion because in the long run they get more revenue. Perhaps it is about time other passengers started suing the airline for their inconvenience. Not to mention the employees who have to put up with this on a daily basis.
Apart from the genuinely mentally disturbed airlines could have stamped this out long ago if they wanted to. They are intentionally assuming the risk of an occasional diversion because in the long run they get more revenue. Perhaps it is about time other passengers started suing the airline for their inconvenience. Not to mention the employees who have to put up with this on a daily basis.
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Not so.
The DJ decided that his sentencing powers for the either way offence were insufficient in any event so he ‘sent’ it to the Crown Ct.
In the Mags Ct the Defence lawyer will have already canvassed whether the Crown would take a G Plea to the lesser offence - to no avail.
Thus, she’ll have to plead to the more serious offence in the Crown Ct altho’ if she’s no ‘form’ she may yet get a ‘bender’ ie a suspended sentence, especially if she’s shown willing and already started paying the airline some compo.
The DJ decided that his sentencing powers for the either way offence were insufficient in any event so he ‘sent’ it to the Crown Ct.
In the Mags Ct the Defence lawyer will have already canvassed whether the Crown would take a G Plea to the lesser offence - to no avail.
Thus, she’ll have to plead to the more serious offence in the Crown Ct altho’ if she’s no ‘form’ she may yet get a ‘bender’ ie a suspended sentence, especially if she’s shown willing and already started paying the airline some compo.
Plead guilty to a s47, the ANO one is difficult to prove.
Plead guilty to a s47, the ANO one is difficult to prove.
I would consider that a few pax and cabin staff giving evidence if it’s denied (which I doubt) may well result in said lady getting convicted of the more serious offence.
She’ll plead !
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I thought being drunk or carrying a drunk person on an aircraft is an air law offence in its self from my PPL training and I believe the captain is liable to prosecution for it as well as the drunk person. Does anyone know?
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Horizon flyer - You might want to re-read your Air Navigation Order, specifically
(2) A person must not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of acting as a member of the crew, be under the influence of drink or a drug to such an extent as to impair their capacity so to act.
Hope that reassures you that the Captain has not committed any offence by having a drunk passenger on the aircraft. Back to your Cessna 150.
Drunkenness in aircraft
242.—(1) A person must not enter any aircraft when drunk, or be drunk in any aircraft.(2) A person must not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of acting as a member of the crew, be under the influence of drink or a drug to such an extent as to impair their capacity so to act.
Hope that reassures you that the Captain has not committed any offence by having a drunk passenger on the aircraft. Back to your Cessna 150.
She did not enter plea's - She's been bailed with a no-fly caveat - She is charged with assault by beating (Common assault, Battery - not ABH it seems) and recklessly endangering an air plane and persons - If she pleads guilty which no doubt her Lawyer will advise, then she may get 2-4 years plus the costs that Jet 2 want.
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An update on the court case from The Independent.
Chloe Haines: Woman who ‘tried to open plane door mid-flight’ pleads guilty to endangering aircraft and assault
There is ‘no question that she was drunk’, lawyer tells court
Defence barrister Oliver Saxby said there was “no question that she was drunk” but that the charge of endangering the safety of an aircraft was the “more serious alternative”. Haines, of High Wycombe in Buckinghamshire, was bailed to return to the court on 24 January for sentencing.
There is ‘no question that she was drunk’, lawyer tells court
Jon Sharman
A woman has pleaded guilty to assault and endangering the safety of an aircraft after a passenger plane to Turkey was forced to divert back to Stansted Airport.
Chloe Haines, 26, appeared at Chelmsford Crown Court on Monday.
She allegedly tried to open the aircraft door during a tirade aboard a Jet2 flight in June, forcing the RAF to scramble two Eurofighter Typhoon jets to intercept it. On board the flight, a cabin crew member allegedly suffered scratches as she tried to prevent Haines from opening the plane door on 22 June. The Airbus plane was on its way to Dalaman in Turkey when it was forced to return to the UK.
Haines, outside Chelmsford Magistrates’ Court in November (PA)
Haines denied a charge of drunkenness on an aircraft.A woman has pleaded guilty to assault and endangering the safety of an aircraft after a passenger plane to Turkey was forced to divert back to Stansted Airport.
Chloe Haines, 26, appeared at Chelmsford Crown Court on Monday.
She allegedly tried to open the aircraft door during a tirade aboard a Jet2 flight in June, forcing the RAF to scramble two Eurofighter Typhoon jets to intercept it. On board the flight, a cabin crew member allegedly suffered scratches as she tried to prevent Haines from opening the plane door on 22 June. The Airbus plane was on its way to Dalaman in Turkey when it was forced to return to the UK.
Haines, outside Chelmsford Magistrates’ Court in November (PA)Defence barrister Oliver Saxby said there was “no question that she was drunk” but that the charge of endangering the safety of an aircraft was the “more serious alternative”. Haines, of High Wycombe in Buckinghamshire, was bailed to return to the court on 24 January for sentencing.
She got nowhere near being able to storm the cockpit! How would a petite drunk 25 year old alcoholic be able to gain access to the cockpit?
Also even if unchallenged, would that same drunk, alcoholic female be capable of opening an emergency exit at FL300?
Blown out of all proportion from start to finish including scrambling fighter jets as an escort.
This young woman has a history of alcohol abuse and crimes associated with its effects.
A heavy custodial and or financial sentence will do nothing to castigate her for something she probably does not remember too much about.
A short custodial sentence suspended if she attends very regular AA meetings, miss one or two then put her inside.
More needs to be done to monitor in flight drinking!
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As a passenger and even more as cabin crew there's nothing scarier than being trapped in a restricted space with a potentially violent person. Happened some years ago in a HS 748 over the Pacific and with no way out of the aluminium tube it was very stressful.
Throw the book at her.
Throw the book at her.
Last edited by listria; 24th Dec 2019 at 08:57.
