|
|
|
|
A
|
|
Bill
|
|
To
|
|
Make provision
about the enforcement of certain offences connected with
|
|
aviation.
|
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
|
|
consent of the Lords Spiritual and
Temporal, and Commons, in this present
|
|
Parliament assembled, and by the authority
of the same, as follows:—
|
|
1 Arrest
without warrant
|
|
(1) The
following shall be inserted after paragraph 11 of Schedule 1A to the Police
|
|
and Criminal Evidence Act 1984 (c. 60)
(arrestable offences)—
|
|
“11A An
offence of contravening a provision of an Order in Council under
|
|
section
60 of that Act (air navigation order) where the offence relates
|
5
|
to—
|
|
(a) a
provision which prohibits specified behaviour by a person
|
|
in
an aircraft towards or in relation to a member of the crew,
|
|
or
|
|
(b) a
provision which prohibits a person from being drunk in an
|
10
|
aircraft,
in so far as it applies to passengers.”
|
|
(2) The
following shall be inserted at the end of Article 26(2) of the Police
and
|
|
Criminal Evidence (Northern Ireland)
Order 1989 (S.I. 1989/1341 (N.I. 12))
|
|
(arrestable offences)—
|
|
“(l) an
offence of contravening a provision of an Order in Council
|
15
|
under
section 60 of that Act (air navigation order) where the
|
|
offence
relates to—
|
|
(i) a
provision which prohibits specified behaviour by a
|
|
person
in an aircraft towards or in relation to a member
|
|
of
the crew, or
|
20
|
(ii) a
provision which prohibits a person from being drunk
|
|
in
an aircraft, in so far as it applies to passengers.”
|
|
|
|
|
|
|
|
|
|
|
(3) The
following shall be inserted after section 82(3) of the Anti-terrorism,
Crime
|
|
and Security Act 2001 (c. 24)
(aviation security: arrest in Scotland without
|
|
warrant)—
|
|
“(3A) Where,
in Scotland, a constable has reasonable grounds for suspecting
|
|
that
a person has committed an offence of contravening a provision of
|
5
|
an
Order in Council made under section 60 of the Civil Aviation Act
|
|
1982
(Air Navigation Orders) and the offence relates to—
|
|
(a) a
provision which prohibits specified behaviour by a person in
|
|
an
aircraft towards a member of the crew of the aircraft, or
|
|
(b) a
provision which prohibits a person from being drunk in an
|
10
|
aircraft,
in so far as the provision applies to passengers,
|
|
the
constable may arrest that person without warrant.”
|
|
2 Penalties
|
|
The following shall be inserted after section
61(2) of the Civil Aviation Act 1982
|
|
(c. 16) (air navigation order: offence:
maximum penalty)—
|
15
|
“(2A) Subsection
(2)(c) above shall have effect with the substitution of “five
|
|
years”
for “two years” in the case of a provision about endangering
an
|
|
aircraft
or a person in an aircraft.”
|
|
3 Commencement
|
|
This Act shall have effect in relation to
an offence committed or alleged to have
|
20
|
been committed after the end of the period
of two months beginning with the
|
|
day on which it is passed.
|
|
4 Extent
|
|
This Act extends to Northern Ireland.
|
|
5 Short
Title
|
25
|
This Act may be cited as the Aviation (Offences)
Act 2003.
|
|
|
|
|