1040

CII, 52

Application

of criminal law to aircraft.

1962 c. 8.

DIEL

H

MON DRO

Tokyo Convention Act 1967

1967 CHAPTER 52

An Act to make provision with a view to the ratification on behalf of the United Kingdom of the Convention on Offences and certain other Acts Committed on board Aircraft, signed in Tokyo on 14th September 1963, and to give effect to certain provisions relating to piracy of the Convention on the High Seas, signed in Geneva on 29th April 1958; and for purposes connected with the matters aforesaid.

B

[14th July 1967]

E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

1.-(1) Any act or omission taking place on board a British- controlled aircraft while in flight elsewhere than in or over the United Kingdom which, if taking place in, or in a part of, the United Kingdom, would constitute an offence under the law in force in, or in that part of, the United Kingdom shall constitute that offence:

Provided that this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under that law when taking place outside the United Kingdom.

(2) No proceedings for any offence under the law in force in, or in a part of, the United Kingdom committed on board an air- craft while in flight elsewhere than in or over the United King- dom (other than an offence under, or under any instrument made under, the Civil Aviation Acts 1949 and 1960 or the Civil Aviation (Eurocontrol) Act 1962) shall be instituted-

(a) in England and Wales, except by or with the consent of

the Director of Public Prosecutions; or

Tokyo Convention Act 1967

Ch. 52

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(b) in Northern Ireland, except by or with the consent of

the Attorney General for Northern Ireland; but the foregoing provisions of this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence.

(3) For the purpose of conferring jurisdiction, any offence under the law in force in, or in a part of, the United Kingdom committed on board an aircraft in flight shall be deemed to have been committed in any place in the United Kingdom (or. as the case may be, in that part thereof) where the offender may for the time being be; and section 62(1) of the Civil 1949 c. 67. Aviation Act 1949 is hereby repealed.

to extradition.

2.-(1) For the purposes of the application of the Extradition Provisions as Act 1870 to crimes committed on board an aircraft in flight, any

aircraft registered in a Convention country shall at any time while 1870 c. 52. that aircraft is in flight be deemed to be within the jurisdiction of that country, whether or not it is for the time being also | within the jurisdiction of any other country: and paragraphs (1) to (3) of section 16 of that Act (which have effect where a person's surrender is sought in respect of a crime committed on board a vessel on the high seas which comes into any port of the United Kingdom) shall have effect also where a person's surrender is sought in respect of a crime committed on board an aircraft in flight which lands in the United Kingdom, but as if in the said paragraph (3) for references to the port where the vessel lics there were substituted references to the place at which the person whose surrender is sought is disembarked. (2) Sections 17 and 22 of the said Act of 1870 (which relate

to the extent of that Act) shall apply to subsection (1) of this section as if that subsection were included in that Act.

3.-(1) The provisions of subsections (2) to (5) of this section Powers of shall have effect for the purposes of any proceedings before commander any court in the United Kingdom.

of aircraft.

(2) If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect

of any person on board the aircraft-

(a) that the person in question has done or is about to do any act on the aircraft while it is in flight which

jeopardises or may jeopardise-

(i) the safety of the aircraft or of persons or

property on board the aircraft; or

(ii) good order and discipline on board the aircraft; or

(b) that the person in question has done on the aircraft while in flight any act which in the opinion of the

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