C2Part I Offences Against the Safety of Aircraft Etc.

Annotations:
Modifications etc. (not altering text)
C2

Pt. I applied (with modifications) (6.12.2000) by S.I. 2000/3059 , art. 3(1) , Schs. 2 , 3 (as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4)

C12 Destroying, damaging or endangering safety of aircraft.

1

It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally—

a

to destroy an aircraft in service or so to damage such an aircraft as to render it incapable of flight or as to be likely to endanger its safety in flight; or

b

to commit on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft.

2

It shall also, subject to subsection (4) below, be an offence for any person unlawfully and intentionally to place, or cause to be placed, on an aircraft in service any device or substance which is likely to destroy the aircraft, or is likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight; but nothing in this subsection shall be construed as limiting the circumstances in which the commission of any act—

a

may constitute an offence under subsection (1) above, or

b

may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

3

Except as provided by subsection (4) below, subsections (1) and (2) above shall apply whether any such act as is therein mentioned is committed in the United Kingdom or elsewhere, whatever the nationality of the person committing the act and whatever the State in which the aircraft is registered.

4

Subsections (1) and (2) above shall not apply to any act committed in relation to an aircraft used in military, customs or police service unless—

a

the act is committed in the United Kingdom, or

b

where the act is committed outside the United Kingdom, the person committing it is a United Kingdom national.

5

A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

6

In this section unlawfully—

a

in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and

b

in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.

7

In this section act of violence means—

a

any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the M1Person Act 1861 or under section 2 of the M2Explosive Substances Act 1883, and

b

any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above.