Defence (Amendment) Act, 1987

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Powers exercisable by captain of service aircraft and certain other persons when safety of aircraft, etc. in jeopardy.

6.—(1) Where the captain of a service aircraft has reasonable grounds for believing that a person who is not subject to military law has committed, or is about to commit, on board the aircraft any act jeopardising, or which may jeopardise,—

(a) the safety of the aircraft, or

(b) the safety of any person or property on board the aircraft, or

(c) good order and discipline on board the aircraft,

the captain may take, with respect to that person, such reasonable measures, including restraint of his person, as he reasonably considers to be necessary to protect the safety of the aircraft or of any person or property, or to maintain good order and discipline, on board the aircraft.

(2) For the purposes of enabling him to exercise the powers conferred on him by subsection (1) of this section, the captain of a service aircraft may—

(a) order or authorise the assistance of any other member of the crew of the aircraft, or

(b) request or authorise the assistance of any other person on board the aircraft.

(3) Any member of the crew of a service aircraft, or any other person on board the aircraft, may, without being ordered, authorised or requested in that behalf by the captain of the aircraft, take, with respect to any other person on board the aircraft who is not subject to military law, any reasonable measures which he has reasonable grounds for believing to be immediately necessary to protect the safety of the aircraft or of any person or property on board the aircraft.

(4) A measure authorised by this section shall constitute neither—

(a) an offence either at common law or under statute, nor

(b) a cause of action in any court.

(5) For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.