Powers of commanders of aircraft

(1) If the commander of an aircraft in flight has reasonable grounds to believe in respect of a 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 jeopardizes or may jeopardize, Civil Aviation Security Act [CAP. 239:01 29 (i) the safety of the aircraft or of the passengers and crew and property on board the aircraft; (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 commander is a serious offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to sub-section (3), the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary, (i) to protect the safety of the aircraft or of the passengers, crew or property on board the aircraft; (ii) to maintain good order and discipline on board the aircraft; or (iii) to enable the commander to disembark or deliver that person in accordance with sub-section (4), and for the purposes of paragraph (b) above, any aircraft shall be deemed to be registered in Belize if the aircraft is in flight to or from, or in service in, Belize. (2) Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any such member of crew shall if so required by the commander, render assistance in restraining any person whom the commander is 30 entitled under sub-section (1) to restrain; and at any time when the aircraft is in flight any such member or other person may, without the authority of the commander, take within the aircraft any measures such as are mentioned in sub-section (1) which he has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft. (3) 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 the person is under restraint and the reasons therefore to be sent to the appropriate authority of the country in which the aircraft so ceases to be in light, but subject to such notification may be continued after that time, (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 the requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with sub-section (4); or (b) if the person under restraint agrees to continue his journey under restraint on board that (4) If the commander of an aircraft– (a) in the case of any person on board the aircraft, has reasonable grounds– (i) to believe as mentioned in paragraph (a) of sub-section (1); and Civil Aviation Security Act [CAP. 239:01 31 (ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of passengers, crew and property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and (b) in the case of any person on board the aircraft, he has reasonable grounds for believing as mentioned in paragraph (b) of sub-section (1), may deliver that person– (i) in Belize, to a police officer or an immigration officer; or (ii) in any other country, to an officer having functions corresponding to the functions either of a police officer or an immigration officer in Belize. (5) The commander of an aircraft shall furnish the authorities referred to in sub-section (4) (b) with all the evidence and information regarding the incident referred to in sub-section (1) that necessitated the restraint or disembarkation of the person in question. (6) The commander of an aircraft who without reasonable cause fails to comply with the requirements of this section commits an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars.