Air Navigation and Transport Act 1973

Unlawful seizure of aircraft.

11

11. (1) Subject to the provisions of this section, a person who on board an aircraft in flight anywhere—

( a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of or otherwise interferes with the control of that aircraft, or

( b) attempts to perform any such act or aids or abets a person who performs or attempts to perform any such act or counsels or procures the performance of any such act

shall be guilty of an offence.

(2) ( a) Subject to the provisions of this section, a person who on board an aircraft in flight anywhere commits an act to which this subsection applies shall be guilty of an offence.

( b) In this subsection “ act to which this subsection applies” means an act of violence which is committed, in connection with an act constituting an offence under subsection (1) of this section, against the passengers or crew of the aircraft concerned and which, if it were committed within the State, would constitute an indictable offence.

(3) Subsections (1) and (2) of this section shall not apply in relation to

( a) an act committed on board an aircraft whose place of takeoff and place of actual landing are both situated in the territory of the state of registration of the aircraft, or

( b) an act committed on board an aircraft whose state of registration is a state designated in an order made pursuant to a notice communicated to the State under Article 5 of the Hague Convention and for the time being in force under section 1 of this Act and whose place of take-off and place of actual landing are both situated in the territory of the same state, being a state specified in the said order.

(4) Notwithstanding subsection (3) of this section, subsections (1) and (2) of this section shall apply in relation to an act committed on an aircraft, including a state aircraft, if—

( a) the act is committed by a person who is a citizen of Ireland or is habitually resident in the State, or

( b) the act is committed in or over the State, or

( c) the aircraft is an Irish controlled aircraft.

(5) Where an aircraft lands after a flight on the territory of the State and a member of the Garda Síochána has reason to believe that there is on board the aircraft a person who has committed an offence under subsection (1) or (2) of this section on the flight, the member together with any other members of the Garda Síochána may, without warrant, enter the aircraft and may, without warrant, arrest any such person whom he finds on the aircraft.

(6) If a person arrested under subsection (5) of this section is not a citizen of Ireland or habitually resident in the State, the person—

( a) shall, if he is an alien who could, under the law relating to aliens, have been refused leave to land in the State, be deemed, for the purposes of that law to be an alien who has been refused that leave, and

( b) may be detained in custody for a period not exceeding 48 hours and then, subject to section 12 of this Act, released:

Provided however that he shall not be released under this section if before the expiration of the period of 48 hours he has been charged with an offence under subsection (1) or (2) of this section.

Annotations:

Editorial Notes:

E16

Certain procedures in relation retrial and to acquittal of offence under section provided (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-14, 15-18 and sch., S.I. No. 414 of 2010.

E17

Offence under section defined as a serious offence for purposes of Bail Act 1997 as provided (15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 20, 29 and 30, S.I. No. 118 of 2000.

E18

Offence under section if committed in Northern Ireland may be prosecuted and liable to penalty in the State as provided (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch. item 12, S.I. No. 112 of 1976.