Transport Offences
- Headlines
- Content
- Railway Offences
- Intoxication of Employees
- Table of Offences under the Transport and Works Act 1992
- Fare Evasion
- Offences Relating to Aircraft or Ships
- The Aviation Security Act 1982
- Drunkenness/Impairment of Aircrew and Controllers
- Offences at Sea or at Aerodromes
- Public safety has been placed at risk
- Prosecution by Other Authorities
Headlines
The Guidance outlines the considerations in the following cases:
- Railway Trespass
- Offences of endangerment to persons or property on the railway
- Fare Evasion
- Criminal Conduct at Sea and in the Air
Content
This guidance identifies considerations for prosecutors when dealing with Transport offences.
Railway Offences
(See Stones - Part VI Transport, Railways and Transport)
Railway Trespass
Table of Railway Trespass Offences (N.B: MOT = Method of Trial) | ||||||||
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Railway Regulation Act 1840 s16 | Wilfully (can be evidenced by refusal to leave) | Trespass (a railway may exclude anyone who is not there for the purpose of using the railway) | On a railway (includes platforms, station concourse, connected premises) |
| Refuse to leave when asked to do so by a railway employee/agent etc. - R (Mair) v Criminal Injuries Compensation Board [2002] P.I.Q. R. P4, QBD | MOT: Summary only | Penalty: 1 month imprisonment or level 3 fine | Comment: Will apply in situations where someone is making a nuisance of themselves on railway premises (e.g. drunk, begging) and refusing to leave. It will also apply if somebody trespasses on an area of the railway where the public is not allowed (e.g. tracks or embankment) but only if they are asked to leave by an employee and refuse. |
Regulation of the Railways Act 1868 s23 |
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| Being on any railway (does not include the railway platform Thomson v Great North of Scotland Rly Co (1829) 64 JP 178) | Except to cross at an authorised crossing | Having been warned by the railway company/their employees not to go on the railway | MOT: Summary only | Penalty: Level 1 fine | Comment: Applies where people have crossed railways tracks at an unauthorised point. Note the need for a warning which will usually be by written notice. This offence attracts only a minor penalty. In view of the danger caused by entering any part of a railway not open to the public, prosecutors should carefully consider whether another more serious offence has not been made out. (See “Damaging Trains and Endangering the Safety of Rail Users” elsewhere in this chapter.) |
British Transport Commission Act 1949 s55 |
| Trespass | On railway lines, sidings, embankments in dangerous proximity to the lines or electrical apparatus |
| Provided that a notice warning people not to trespass has been displayed at the nearest railway station | MOT: Summary only | Penalty: Level 3 fine | Comment: Note the need for the person to be in dangerous proximity. Note also the need to prove that there was a notice displayed at the railway station. Although this carries a higher penalty than s23 of the Regulation of the Railways Act 1868, prosecutors should still carefully consider whether a more serious offence is made out (See “Damaging Trains and Endangering the Safety of Rail Users” elsewhere in this chapter.) |
Damaging Trains and Endangering the Safety of Rail Users
See also Legal Guidance on Criminal Damage
Table of Endangerment Offences | ||||||
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Offences Against the Person Act 1861 s32 Placing wood etc. on railway, with intent to endanger passengers | Intentionally | Endangering people’s safety | By unlawfully and maliciously interfering with railway equipment (such as placing items on the line or hiding signals) | MOT: Indictable only | Penalty: Life imprisonment/unlimited fine | Comment: The actions prohibited are those aimed at the infrastructure of the railway (the lines, signals etc.) rather than the trains. This offence should be used where the trains are not directly attacked but by tampering with the equipment the suspect creates danger to people on the railway. |
Offences Against the Person Act 1861 s33 Casting stone etc. upon railway carriage with intent to endanger passengers | Intentionally | Endangering people’s safety | By unlawfully and maliciously throwing objects at trains/carriages etc. | MOT: Indictable only | Penalty: Life imprisonment/unlimited fine | Comment: This prohibits any direct attack on the train itself (including carriages etc.) where the intent is to injure people on it or endanger their safety |
Offences Against the Person Act 1861 s34 Doing/omitting anything so as to endanger passengers |
| Endangering people’s safety | By any unlawful act or wilful omission | MOT: Either-way | Penalty: CC- 2 years’ imprisonment/unlimited fine
MC – 6 months’ imprisonment/unlimited fine | Comment: “Unlawful act” could include trespass on a railway and where a lesser offence of trespass (see “Railway Trespass” elsewhere in this chapter) has endangered passenger safety, prosecutors should consider charging this offence instead. “Wilful omission” would include failures to act such as failing to lower barriers at a crossing. “Endanger” includes exposing to potential danger (R v Pearce [1966] 3 All ER 618) |
Malicious Damage Act 1861 s35 Placing wood etc. on railway, with intent to obstruct trains | Intentionally | Obstructing or damaging trains | By unlawfully and maliciously interfering with railway equipment (such as placing items on the line or hiding signals) | MOT: Indictable only | Penalty: Life imprisonment/ unlimited fine | Comment: The wording mirrors that of s32 OAPA and the only difference is the intent (in this case to endanger trains etc. rather than passengers) |
Malicious Damage Act 1861 s36 Obstruction of engines, etc. |
| Obstructing the railway or trains | By any unlawful act or omission | MOT: Either-way | Penalty: CC- 2 years imprisonment/fine MC- 6 months imprisonment/unlimited fine | Comment: The wording follows that of s34 OAPA very closely. The main difference is that the intent is to obstruct trains or the running of the railway |
British Transport Commission Act 1949 s56 Stone throwing on railway |
| Causing danger of damage to property or injury to persons | By throwing stones etc. at trains or equipment | MOT: Summary only | Penalty: Level 3 fine | Comment: Prosecutors will need to consider whether this charge will give the court adequate sentencing powers. |
Intoxication of Employees
Table of Offences under the Transport and Works Act 1992 | ||||||
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Section 27(1)(a) Unfit through drink or drugs: driver etc. | Working on a railway/tramway etc. (see section 26) | In any capacity in which can control/affect movement of vehicle | While unfit to carry out that work through drink or drugs. “Unfit” is defined at section 27(4): “impaired” – the same test as under section 4 of the Road Traffic Act 1988. Case law under section 4 of that Act on this issue will apply equally to section 27 | MOT: Summary only | Penalty: Six months imprisonment and/or an unlimited fine | Comment: Requires DPP consent. See Consents to Prosecute elsewhere in this Legal Guidance. |
Section 27(1)(b) Unfit through drink or drugs: maintenance capacity | Working on a railway/tramway etc. (see section 26) | In any maintenance capacity (including look-out) | While unfit to carry out that work through drink or drugs. “Unfit” is defined at section 27(4): “impaired” – the same test as under section 4 of the Road Traffic Act 1988. Case law under section 4 of that Act on this issue will apply equally to section 27. | MOT: Summary only | Penalty: Six months imprisonment and/or an unlimited fine | Comment: Requires DPP consent. See Consents to Prosecute elsewhere in this Legal Guidance. |
Section 27(2)(a) Excess alcohol: driver etc. | Working on a railway/tramway etc. (see section 26) | In any capacity in which can control/affect movement of vehicle | After having consumed alcohol in excess of the prescribed limit | MOT: Summary only | Penalty: Six months imprisonment and/or an unlimited fine | Comment: Requires DPP consent. See Consents to Prosecute elsewhere in this Legal Guidance. Note the procedures to be followed for obtaining a specimen. These are set out at sections 31 – 33 and follow the procedures for obtaining evidential specimens under the Road Traffic Act 1988. |
Section 27(2)(b) Excess alcohol: maintenance capacity | Working on a railway/tramway etc. (see section 26) | In any maintenance capacity (including look-out) | After having consumed alcohol in excess of the prescribed limit | MOT: Summary only | Penalty: Six months imprisonment and/or an unlimited fine | Comment: Requires DPP consent. See Consents to Prosecute elsewhere in this Legal Guidance. Note the procedures to be followed for obtaining a specimen. These are set out at sections 31 – 33 and follow the procedures for obtaining evidential specimens under the Road Traffic Act 1988. |
Section 28 Liability of responsible operator | Being the responsible operator of the transport system |
| Where a person has committed one of the offences under section 27 | MOT: Summary only | Penalty: Six months imprisonment and/or an unlimited fine | Comment: Requires DPP consent. See Consents to Prosecute elsewhere in this Legal Guidance. Note the “due diligence” defence at section 28(3) |
Public Interest
A prosecution is almost certain to be in the public interest if:
- public safety has been placed at risk;
- passengers or staff have sustained loss, damage or personal injury;
- serious or widespread disruption and inconvenience has been caused to persons using the transport system.
A prosecution may not be required where there is a purely technical breach of the law if:
- there has been no risk to public safety; and
- the offence resulted from a genuine oversight or misunderstanding; and
- no injury or loss has been sustained by either passengers or staff.
A prosecution may also not be required if the suspect is suffering from mental health issues (e.g. a suicide attempt by trespassing on the railway.) See Mental Disordered Offenders elsewhere in this Legal Guidance.
For assaults on transport staff, see Offences Against the Person, elsewhere in this Legal Guidance.
Fare Evasion
There will often be a choice between specific legislation relating to the form of transport, and proceedings under the Theft Act 1978, or Forgery and Counterfeiting Act 1981. See the Fraud Act 2006 and Forgery and Counterfeiting, elsewhere in the Legal Guidance.
Fare Evasion Table of Offences | ||||||
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The Regulation of Railways Act 1889 section 5(3)(a): Avoiding payment of fare | Traveling/attempting to travel on a railway | Without having paid the fare | With intent to avoid payment | MOT: Summary only | Penalty: Three months prison or Level 3 fine | Comment: "Intent to avoid payment" does not require a dishonest intent, just an intent to avoid payment of the sum actually due: Browning v Floyd [1946] 2 All E.R. 367: where a man used the return portion of a non-transferable ticket given to him by his wife who had not used it, he was guilty of the offence and she was guilty of aiding and abetting him.
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The Regulation of Railways Act 1889 section 5(3)(b): Going beyond point for which fare paid | Traveling on the train and remaining beyond a point | Having paid the fare only up to that point | Wilfully and with intent to avoid payment of the additional fare. | MOT: Summary only | Penalty: Three months prison or Level 3 fine | Comment: "Intent to avoid payment” See above. |
The Regulation of Railways Act 1889 section 5(3)(c): Giving false name/address | Giving a false name or address to any officer on request | After having failed to pay the fare |
| MOT: Summary only | Penalty: Three months prison or Level 3 fine |
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The Railway Clauses Consolidation Act 1845 section 103 Refusing to leave once at destination | Remaining on the train and neglecting/refusing to leave | After it has arrived at the point up to which the fare has been paid | Knowingly and wilfully | MOT: Summary only | Penalty: Level 2 fine | Comment: This offence is very similar to that under s.5(3)(b) of the Regulation of Railways Act, which carries a heavier penalty. This offence may be considered suitable if the train (for whatever reason) does not travel beyond the point up to which the fare is paid but the passenger fails to get off. |
Public Interest
Fare Evasion is the principal form of dishonesty to affect public transport. The fact that it is widespread is a relevant public interest factor.
Prosecutors should consider using the provisions of the Fraud Act 2006 (See CPS Fraud Act 2006 Legal Guidance), where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority. Where tickets have been altered or defaced, prosecutors should consider a charge under the Forgery and Counterfeiting Act 1981 (See CPS Forgery and Counterfeiting Legal Guidance).
Where fare evasion is opportunistic and there is no significant element of planning, then it will not normally be necessary in the public interest to charge fraud or forgery. In these circumstances, subject to the usual public interest considerations, a charge under section 5 of the Regulation of Railways Act or section 103 of the Railway Clauses Consolidation Act may be appropriate.
Offences Relating to Aircraft or Ships
Criminal behaviour, especially in the air, may well endanger the safety of the craft in which it occurs. Prosecutors may wish to consider charging offensive weapon, public order, or offences against the person, depending on the facts of the case. However, prosecutors should also carefully consider:
- The Aviation Security Act 1982;
- The Civil Aviation Act 1982;
- The Aviation and Maritime Security Act 1990;
- The Railways and Transport Safety Act 2003; and
- The Air Navigation Order 2005.
These statutes specifically deal with offences committed on or at aircraft, aerodromes, ships, fixed sea platforms and harbours.
Offences on-board Aircraft
Courts in the United Kingdom have power to deal with offences which are committed on board any aircraft whilst on the ground or in the air over the United Kingdom. In addition, Section 92 of the Civil Aviation Act 1982, (CAA) provides for courts to have jurisdiction in respect of offences committed on British-controlled aircraft whilst “in flight” outside the United Kingdom and United Kingdom airspace. The CAA defines “British-controlled aircraft”. Under the same section, courts in the United Kingdom will have jurisdiction in respect of offences committed on a foreign aircraft (except for military aircraft) outside United Kingdom airspace in the following circumstances:
- In the case of an aircraft registered in a foreign country the act or omission must constitute an offence both in this country and under the law in force in that foreign country (the 'dual criminality' test); and
- The next landing of the aircraft is in the United Kingdom.
Prosecutors should bear in mind the following:
- The period an aircraft is “in flight” is deemed to span the period between the first application of power for the purpose of the aircraft taking off until the moment when the landing run ends at the termination of that flight;
- The 'dual criminality' test will be deemed to be met unless the defence serve upon the prosecution a notice stating the grounds for their opinion that the test is not met and requiring the prosecution to prove the contrary;
- If the aircraft is not registered in any country the 'dual criminality' test will not apply.
Where section 92 is relied on as the basis of jurisdiction, DPP’s consent will be required (unless there is specific provision to the contrary in the statute breached) and so police will not be able to charge without CPS authority. Crown Prosecutors are able to give this consent under section 1(7) of the Prosecution of Offences Act 1985. See Consents to Prosecute elsewhere in this Legal Guidance.
The Aviation Security Act 1982
Part I Offences Against the Safety of Aircraft
Aviation Security Act 1982: Table of Offences against the Safety of Aircraft | |||||||
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s1 Hijacking
| By force or threats | Seizing or exercising control of an aircraft | In flight |
| MOT: Indictable only | Penalty: Life Imprisonment | Comment: The offence will not usually apply if either the aircraft is used by military/police/customs or the aircraft takes off and lands in the territory of the state where it is registered. See s1(2)(i)-(iii) for exceptions to this exemption. See also s6 for ancillary offences (assaults, homicide etc.) committed in connection with hijacking an aircraft. |
s2(1)(a) Endangering the safety of aircraft by damage
| Unlawfully and intentionally | Destroying/damaging an aircraft | In service | So as to render it incapable of flight/endanger its safety in flight | MOT: Indictable only | Penalty: Life Imprisonment | Comment: Jurisdiction is conferred on UK courts irrespective of where the act is committed, the nationality of the perpetrator or where the aircraft is registered. See s2(4) for certain exceptions where the aircraft is used by military/police/customs. |
s2(1)(b) Endangering the safety of aircraft by violence
| Unlawfully and intentionally | Committing an act of violence on an aircraft | In flight | Being likely to endanger the safety of the aircraft | MOT: Indictable only | Penalty: Life Imprisonment | Comment: Jurisdiction conferred on the same basis as s2(1)(a). “Act of violence” defined at s2(7) but basically assaults, homicide, causing dangerous explosions etc.) |
s2(2) Endangering the safety of aircraft by placing items in it
| Unlawfully and intentionally | Placing/causing to be placed any device/substance on an aircraft | In service | Likely to destroy/damage/endanger the aircraft making it incapable of flight/endangering its safety in flight | MOT: Indictable only | Penalty: Life Imprisonment | Comment: Jurisdiction conferred on the same basis as s2(1)(a). |
s3(1) Other acts endangering safety of aircraft: destruction/damage/interference
| Unlawfully and intentionally | Destroying/damaging/interfering with any property (including property used for air navigation facilities) |
| So as to be likely to endanger the safety of aircraft in flight | MOT: Indictable only | Penalty: Life Imprisonment | Comment: Jurisdiction is limited to acts within the UK, subject to certain exceptions set out at s3(5) and (6). The scope of this offence covers circumstances in which the aircraft is not directly targeted but its safety is endangered by targeting other property. |
Other acts endangering safety of aircraft
| Intentionally | Communicating false/misleading information |
| So as to endanger/be likely to endanger the safety of aircraft in flight | MOT: Indictable only | Penalty: Life Imprisonment | Comment: Jurisdiction is limited to acts within the UK, subject to certain exceptions set out at s3(5) and (6). S3(4) provides a defence where either the suspect believed on reasonable grounds that the information was true or where they were acting in good faith in the exercise of a duty. This defence would be available to staff who (e.g.) pass on information about hoax calls although they believe the call to be a hoax. |
s4 Possessing dangerous articles | Without lawful authority or reasonable excuse | Having with them a dangerous article
| in any · aircraft in or flying over the UK or registered in the UK · UK aerodrome · Air navigation installation
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| MOT: Either-way | Penalty: CC – Five years imprisonment or an unlimited fine or both MC – Three months imprisonment or an unlimited fine or both | Comment: A person will be deemed to have these articles with them where the articles are in their baggage which is in the aircraft etc. (s4(3)) |
s7 Obstructing police exercising powers under this Act | Intentionally | Obstructing a constable exercising a power under this Act to arrest or prevent a person entering an aircraft |
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| MOT: Either-way | Penalty: CC – Two years imprisonment or an unlimited fine or both MC – Unlimited fine | Comment: Police have powers to arrest/remove a person who is on or about to board an aircraft if they reasonably suspect that person intends to commit an offence under sections 1-3 or a s6 ancillary offence. |
Part II Offences relating to security at aerodromes and on aircraft:
Aviation Security Act 1982: Table of Offences Relating to Security of Aircraft/Aerodromes/Air Navigation Installations See also section 1 of the Aviation and Maritime Security Act 1990 below. | ||||||||
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s21A False statements about baggage etc.
| Recklessly or knowingly | Making a false statement | In answer to a question about baggage/stores/cargo | Asked for security reasons | By police/aircraft operator/aerodrome employee etc. | MOT: Summary only | Penalty: Unlimited fine | Comment: See s21A(1)(b) and (2) for the list of persons who are entitled to ask the questions.
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s21B False statements about ID documents | Recklessly or knowingly | Making a false statement | To obtain or retain an identity document issued by one of the specified persons |
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| MOT: Summary only | Penalty: Unlimited fine | Comment: The identity documents covered are for staff and the offence is intended to prevent people passing themselves off as entitled to go into restricted areas etc. See s21B(3) for the list of specified persons.
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s21C(1)(a) Unauthorised presence in security area | Without lawful authority or reasonable excuse | Going into | A security restricted area of aerodrome or air navigation installation (note the need for a notice clearly displayed at the entrance stating that it is security restricted) |
| Without permission | MOT: summary only | Penalty: Unlimited fine |
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s21C(1)(b) Remaining on security restricted area | Without lawful authority or reasonable excuse | Remaining on | A security restricted area of aerodrome or air navigation installation |
| After being asked to leave | MOT: Summary only | Penalty: Unlimited fine |
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s21D(1)(a) Unauthorised presence on aircraft | Without lawful authority or reasonable excuse | Getting on | An aircraft at a UK aerodrome |
| Without permission of the operator | MOT: Summary only | Penalty: Unlimited fine |
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s21D(1)(b) Remaining on an aircraft | Without lawful authority or reasonable excuse | Remaining on | An aircraft at a UK aerodrome |
| After being asked to leave by the operator | MOT: Summary only | Penalty: Unlimited fine |
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s21E(1)(a) Obstructing an authorised person | Intentionally | Obstructing | An authorised person exercising a power conferred by this Act |
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| MOT: Either-way | Penalty: CC – Two years imprisonment or an unlimited fine or both MC – Unlimited fine | Comment: “An authorised person” is defined at s24A(1) |
s21E(1)(b) Impersonating an authorised person | Falsely | Pretending to be | An authorised person |
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| MOT: Summary only | Penalty: Unlimited fine | Comment: “An authorised person” is defined at s24A(1) |
The Air Navigation Order 2016 (ANO), made under Section 61 of the CAA, creates a number of offences designed to secure the safety of civil aircraft, some relate to the conduct of passengers and air traffic controllers as well as to aircrew. In particular, you should note those on the following (non-exhaustive) table:
Table of Selected Offences under the Air Navigation Order 2016 | |||||||
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Article 240 Endangerment of aircraft | Recklessly or negligently | Acting in a manner | Likely to endanger an aircraft or any person in it |
| MOT: Either-way | Penalty: CC – Five years imprisonment or an unlimited fine or both MC- Unlimited fine | Comment: “Likely” means “a real risk, a risk that should not be ignored” rather than more likely than not: R v Whitehouse [2000] Crim LR 172, CA |
Article 241 permitting an aircraft to cause danger | Recklessly or negligently | Causing or permitting an aircraft | To endanger any person or property |
| MOT: Either-way | Penalty: CC – two years imprisonment or an unlimited fine or both MC- Unlimited fine |
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Article 242(1) Drunkenness in aircraft (passengers) |
| Enter or be in any aircraft |
| When drunk | MOT: Either-way | Penalty: CC – two years imprisonment or an unlimited fine or both MC- Unlimited fine | Comment: The concept of drunkenness is sufficiently clear and the question whether a defendant has been drunk on an aircraft is a matter of fact for the jury: R v Tagg [2002] 1 Cr. App. R 2 See also Sections 92 and 93 of The Railways and Transport Safety Act 2003, under “Drunkenness and Impairment of Aircrew”, below. |
Article 242(2) Drunkenness in aircraft (crew) |
| Acting as member of crew |
| When under the influence of drink or drugs so that their capacity is impaired | MOT: Either-way | Penalty: CC – two years imprisonment or an unlimited fine or both MC- Unlimited fine | Comment: “Drunkenness” See 242(1) above. See also Sections 92 and 93 of The Railways and Transport Safety Act 2003, under “Drunkenness and Impairment of Aircrew”, below. |
Article 243 Smoking |
| Smoking in an aircraft registered in the UK | When the “no smoking” sign is displayed |
| MOT: Summary only | Penalty: Level 4 fine |
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Article 244 Obeying pilot |
| Failing to obey | Lawful commands of pilot | Given for the purposes of safety or regularity | MOT: Summary only | Penalty: Level 4 fine |
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Article 245(a) and (b) threatening etc. words/behaviour |
| Using threatening/ insulting/abusive words/behaviour or disorderly behaviour | Towards crew |
| MOT: Summary only | Penalty: Level 4 fine |
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Article 245(c) Interference with crew | Intentionally | Interfere with | Performance of duty by crew member |
| MOT: Either-way | Penalty: CC – Two years imprisonment or an unlimited fine or both MC – Unlimited fine |
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Article 246 Stowaways |
| Secreting themselves | Without consent of the pilot/operator etc. |
| MOT: Summary only | Penalty: Level 4 fine |
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For assaults on members of staff, consider also Offences Against the Person, elsewhere in Legal Guidance.
Prosecutors will often have a choice of proceeding under the CAA or the ANO. Some offences under the CAA are summary only, whereas an equivalent offence under the ANO may well be triable either way, such as offences under Articles 240, 241 and 242. Prosecutors should therefore consider:
- the likely disposal of the case;
- the level of danger, actual or perceived, occasioned by the defendant's actions
Public Interest
A prosecution is almost certain to be in the public interest if:
- public safety has been placed at risk;
- passengers or staff have sustained loss, damage or personal injury;
- serious or widespread disruption and inconvenience has been caused to persons using the transport system.
- Unruly, drunken or violent behaviour on board an aircraft is dangerous and will almost always require a prosecution.
A prosecution may not be required where there is a purely technical breach of the law if:
- there has been no risk to public safety; and
- the offence resulted from a genuine oversight or misunderstanding; and
- no injury or loss has been sustained by either passengers or staff.
Drunkenness/Impairment of Aircrew and Controllers
Table of Offences under the Railways and Transport Safety Act 2003 | ||||||
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S92Being unfit for duty | Performs an aviation function or activity ancillary to an aviation function | While ability to do so is impaired | Due to drink or drugs | MOT: Either-way | Penalty: CC – 2 years imprisonment and/or an unlimited fine MC – unlimited fine | Comment: See s96 for procedures to be followed for provision of specimens (modelled on the Road Traffic Act procedures.)
S94 defines “aviation function” and “ancillary activity.”
See also Article 242(2) of the ANO above, which carries the same penalty but is limited to aircrew.
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S93 In excess of prescribed limit | Performs an aviation function or activity ancillary to an aviation function |
| While the proportion of alcohol in their breath/blood/urine is in excess of the prescribed limit | MOT: Either-way | Penalty: CC – 2 years imprisonment and/or an unlimited fine MC – unlimited fine | Comment: Note the different prescribed limits depending on the function (s93(2) and (3))
See s96 for procedures to be followed for provision of specimens (modelled on the Road Traffic Act procedures.)
S94 defines “aviation function” and “ancillary activity.”
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Public Interest
Prosecutions will normally be in the public interest as drunkenness or impairment through drink or drugs on the part of air crew or controllers is dangerous and will undermine public confidence in the safety of air travel. Apart from the usual public interest considerations, it will be less likely that a prosecution is required if the suspect was not aware that they had consumed the drugs or alcohol (e.g. if it was the content of prescribed medication and the suspect did not know and had no reason to suspect that the medication would affect their fitness to carry out their functions.)
Offences at Sea or at Aerodromes
The Aviation and Maritime Security Act 1990 provides for offences relating to security at aerodromes, on ships or fixed sea platforms and at harbours: Table of Selected Offences under Parts I and II of the Aviation and Maritime Security Act 1990
Part I Aviation Security | |||||||
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s1(1): Endangering safety at aerodrome – violence
Requires AG’s consent
| Intentionally | Using any device, substance or weapon to commit an act of violence (defined at s1(9).) | At an aerodrome serving international civil aviation | Causing death or serious injury (or likely to do so) AND endangering the safe operation of the aerodrome or safety of persons at it (or likely to do so) | MOT: Indictable only | Penalty: Life imprisonment | Comment: The offence can be committed even if the act took place outside the UK. (s1(3).)
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s1(2): Endangering safety at aerodrome – damage
Requires AG’s consent
| Unlawfully and intentionally | Using any device, substance or weapon to destroy or seriously damage property used to provide facilities OR any aircraft (not in service) OR disrupt services
| At an aerodrome serving international civil aviation | Endangering the safe operation of the aerodrome or safety of persons at it. | MOT: Indictable only | Penalty: Life imprisonment | Comment: The offence can be committed even if the act took place outside the UK (s1(3)) subject to certain exceptions in the case of aircraft, set out at s1(4). “Unlawfully” is defined at s1(9). Briefly, the action must be an offence in its own right and apart from the provisions of this Act.
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Part II – Ships and Fixed Platforms | |||||||
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s9: Hijacking ships
Requires AG’s consent
If the offence was committed by a foreign national within territorial waters then the provisions of s 3 of the Territorial Waters Jurisdiction Act 1878 (“the TWJA”) will apply, under which the Secretary of State must consent to the proceedings and must certify that it is expedient to institute the proceedings. | Unlawfully | By use of force or threats | Seizes a ship |
| MOT: Indictable only | Penalty: Life imprisonment | Comment: The offence may be committed whether inside or outside the UK but subject to certain exceptions for warships etc., set out at s9(2).
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s10:Seizing fixed platforms
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully | By use of force or threats
| Seizes a fixed platform |
| MOT: Indictable only | Penalty: Life imprisonment | Comment: The offence may be committed whether inside or outside the UK. |
s11(1)(a): Destroying ships/fixed platforms
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully and intentionally |
| Destroys a ship or fixed platform |
| MOT: Indictable only | Penalty: Life imprisonment | Comment: “Unlawfully” for the purposes of this section is defined under s11(7). Briefly, the action must be an offence in its own right and apart from the provisions of this Act.
The offence may be committed whether inside or outside the UK subject to certain exceptions in respect of warships etc., set out at s11(5). |
s11(1)(b): Damaging a ship/fixed platform
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully and intentionally |
| Damages a ship (or its cargo) or a fixed platform | Endangering the safe navigation of the ship or safety of the fixed platform, or likely to do so | MOT: Indictable only | Penalty: Life imprisonment | Comment: See above (s11(1)(a)) for definition of “unlawfully” and for jurisdiction. |
s11(1)(c): Endangering safety of ship or fixed platform
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully and intentionally |
| Commits an act of violence (defined at s11(7)) on board a ship or fixed platform | Likely to endanger the safe navigation of the ship or safety of the fixed platform, | MOT: Indictable only | Penalty: Life imprisonment | Comment: See above (s11(1)(a)) for definition of “unlawfully” and for jurisdiction. |
s11(2)(a): Using a device to endanger the safety of a ship/fixed platform
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully and intentionally |
| Placing a device or substance | On a ship so as to be likely to destroy it or damage it (or its cargo) so as to endanger its safe navigation OR on a fixed platform so as to be likely to destroy it or damage it so as to endanger its safety | MOT: Indictable only | Penalty: Life imprisonment | Comment: See above (s11(1)(a)) for definition of “unlawfully” and for jurisdiction. |
s12(1): Other acts endangering safe navigation
Requires AG’s consent
See also s3 of the TWJA above.
| Unlawfully and intentionally |
| Destroying, damaging or interfering with property | So as to be likely to endanger the safety of ship navigation. | MOT: Indictable only | Penalty: Life imprisonment | Comment: Definition of “unlawfully” is as under s11 – see above.
The offence may be committed whether inside or outside the UK subject to certain exceptions in respect of warships etc., set out at s12(6). |
s12(3):False information
Requires AG’s consent
See also s3 of the TWJA above.
| Intentionally |
| Communicate false information knowing it to be false | So as to endanger the safe navigation of a ship | MOT: Indictable only | Penalty: Life imprisonment | Comment: Jurisdiction - s12(1) above. |
s13(1): Threats to commit a s11(1) offence
Requires AG’s consent
See also s3 of the TWJA above.
| In order to compel someone to do or not do some act |
| Threatens to commit an offence under s11(1) of the Act | The threat is likely to endanger the safe navigation of a ship or safety of a fixed platform | MOT: Indictable only | Penalty: Life imprisonment | Comment: The offence may be committed inside or outside the UK. |
s13(2): Threats to commit a s11(2) offence
Requires AG’s consent
See also s3 of the TWJA above.
| In order to compel someone to do or not do some act |
| Threatens to commit an offence under s12(1) of the Act | The threat is likely to endanger the safe navigation of a ship | MOT: Indictable only | Penalty: Life imprisonment | Comment: Jurisdiction is as s12(1) and (3) – see comments above. |
The Provisions of the Aviation and Maritime Security Act 1990 implement the provisions of the SUA convention and its 1988 Protocol on Fixed Platforms.
Public Interest
A prosecution is almost certain to be in the public interest if:
Public safety has been placed at risk
- passengers or staff have sustained loss, damage or personal injury;
- serious or widespread disruption and inconvenience has been caused to persons using the transport system.
A prosecution may not be required where there is a purely technical breach of the law if:
- there has been no risk to public safety; and
- the offence resulted from a genuine oversight or misunderstanding; and
- no injury or loss has been sustained by either passengers or staff.
Prosecution by Other Authorities
Transport legislation includes a series of offences which will not be prosecuted by CPS under Section 3(2)(a) Prosecution of Offences Act 1985. These include minor cases of fare evasion under the Public Service Vehicle Regulations and proceedings under Part II of the Aviation Security Act 1982. Offences under the Airports Act 1986 will normally be prosecuted by the Secretary of State for Transport or by the Civil Aviation Authority. In the event of a member of either organisation being accused of an offence under the Airports Act, it has been agreed that the case will be referred to the Crown Prosecution Service to avoid a conflict of interest.