Revised Laws of Saint Lucia (2021)

5.   Powers of commander of aircraft

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    (1)   Subsections (2) to (5) have effect for the purposes of any proceedings before any court in Saint Lucia.

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    (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—

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      (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—

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        (i)     the safety of the aircraft, or of persons or property on board the aircraft, or

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

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      (b)     that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is a serious offence under any law in force in the country where the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination,

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    then, subject to subsection (4), the commander may take with respect to that person such reasonable measures, including restraint on his or her person, as may be necessary—

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      (i)     to protect the safety of the aircraft or of persons or property on board the aircraft, or

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      (ii)     to maintain good order and discipline on board the aircraft, or

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      (iii)     to enable the commander to disembark or deliver that person in accordance with subsection (5),

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    and for the purposes of paragraph (b) any Saint Lucia-controlled aircraft is considered to be registered in Saint Lucia whether or not it is in fact so registered and whether or not it is in fact registered in some other country.

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    (3)   A member of the crew of an aircraft and any other person on board the aircraft—

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      (a)     may, at the request or with the authority of the commander of that aircraft, and, in the case of a member of the crew, shall, if so required by that commander render assistance in restraining any person whom the commander is entitled under subsection (2) to restrain; and

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      (b)     may, at any time when the aircraft is in flight, without obtaining the authority of the commander of the aircraft take with respect to any person on board the aircraft any measures mentioned in subsection (2) which he or she has reasonable grounds for believing are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.

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    (4)   Any restraint imposed on any person on board an aircraft under the powers conferred by this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to the appropriate authority of the country in which the aircraft ceases to be in flight, but subject to such notification may be continued after that time—

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      (a)     for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (5); or

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      (b)     if the person under restraint agrees to continue his or her journey under restraint on board that aircraft.

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    (5)   The commander of an aircraft—

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      (a)     if in the case of any person on board the aircraft he or she has reasonable grounds—

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        (i)     to believe as is mentioned in subsection (2)(a), and

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        (ii)     to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft,

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      may disembark that person in any country in which that aircraft may be; and

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      (b)     if in the case of any person on board the aircraft he or she has reasonable grounds to believe as mentioned in subsection (2)(b), may deliver that person—

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        (i)     in Saint Lucia, to a police officer or immigration office, or

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        (ii)     in any other country which is a Convention country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Saint Lucia.

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    (6)   The commander of an aircraft—

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      (a)     if he or she disembarks any person under subsection (5)(a), in the case of a Saint Lucia – controlled aircraft, in any country or, in the case of any other aircraft, in Saint Lucia, shall report the fact of and the reasons for disembarkation to—

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        (i)     an appropriate authority in the country of disembarkation, and

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        (ii)     the appropriate diplomatic or consular officer of the country of nationality of that person;

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      (b)     if he or she intends to deliver any person in accordance with subsection (5)(b) in Saint Lucia or, in the case of a Saint Lucia–controlled aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his or her intention and of the reasons therefor—

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        (i)     where the country in question is Saint Lucia to a police officer or an immigration officer or, in the case of any other country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Saint Lucia, and

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        (ii)     in either case to the appropriate diplomatic or consular officer of the country of nationality of that person.

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    (7)   A commander of an aircraft who without reasonable cause fails to comply with the requirements of subsection (6) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.