Consequences of disruptive behaviour on aircrafts

The UK Civil Aviation Authority (CAA) states that disruptive passenger behaviour is one of the main reasons for aircraft diversions. This can cost airlines thousands of pounds and cause several issues not only for the staff and crew but for fellow passengers.

Offences

One of the most common and indeed widely reported reasons for disruptive behaviour on an aircraft almost inevitably involves excessive drinking before or during a flight. However, this is not the only reason that someone could find themselves in trouble with not only the airline but the police and courts. There are several specified offences which may result from actions carried out whilst on an aircraft. The following offences are some examples of the same:

• Endangering the safety of an aircraft – A person must not recklessly or negligently act in a manner likely to endanger an aircraft or any person in an aircraft;
• Drunkenness in an aircraft – A person must not enter any aircraft when drunk or be drunk in any aircraft;
• Smoking in aircraft – A person must not smoke in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the pilot in command of the aircraft;
• Acting in a disruptive manner – A person must not while in an aircraft use any threatening, abusive or insulting words towards a member of the crew of the aircraft; behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or intentionally interfere with the performance by a member of the crew of the aircraft of the crew member’s duties.

In addition to these specific offences, offences such as drunk and disorderly or public order offences may also be considered.

Airlines take people’s behaviour extremely seriously due to the potential implications of any incidents occurring whilst the aircraft is in the air. Any sign that a person may become aggressive or disruptive in any way could lead to the police being called and that person being arrested.

Jurisdiction

UK Courts can deal with any alleged offences committed on an aircraft whilst on the ground or in the air over the UK. They can also deal with any alleged offences committed on ‘British controlled aircrafts’ whilst outside of the UK.

The courts can also deal with offences committed on a foreign aircraft outside of the UK airspace if an aircraft is registered in a foreign country and the act or omission is an offence both in the UK and in that foreign country and after the act or omission occurs, the aircraft’s next landing is in the UK.

Drunkenness in an aircraft

‘Drunk’ is not defined in legislation. Whether or not someone is drunk is a difficult question. In Tagg (2001) it was held that whether a defendant had been drunk on an aircraft was a matter of fact for the jury. Many allegations may include matters such as common assault alongside behaviour which forms the charge of being ‘drunk’ in an aircraft. These allegations may bolster any prosecution by means of allowing the jury to form a view of whether or not a person is ‘drunk’ through considering whether they would have behaved in the same way had they not been intoxicated. Ultimately, if a person contests that they were drunk, cases such as these do not usually have expert evidence which could contradict this.

Sentence

If you are charged with being drunk in an aircraft, you could face a fine of up to £5,000 and a maximum of 2 years imprisonment.

If you face proceedings for the more serious offence of endangering an aircraft, you could face up to 5 years imprisonment.

You may also be asked to reimburse the airline for the cost of the diversion which could easily run to tens of thousands of pounds

As well as the potential criminal consequences of committing any of the above offences, it is also highly likely that such behaviour will lead to an indefinite ban on travelling with the airline. Given that many of these incidents are also filmed by fellow passengers and posted online for all to see, there may also be consequences from an employment perspective and reputational damage to an individual and their businesses, especially for those who are self-employed.

As we approach the height of the summer holiday season, it is worth remembering that whilst everyone is, of course entitled to enjoy themselves, the consequences of having one too many drinks or taking out your frustrations for delayed flights could lead to very serious consequences.

The specialist criminal defence team at Olliers have many years’ experience providing advice and assistance to those charged with offences including those discussed above. If you find yourself in this unfortunate position, please do not hesitate to contact us and we will be happy to discuss your needs and how we can help achieve the best possible outcome.