SCHEDULES

SCHEDULE 8Unmanned aircraft: powers of police officers and prison authorities

PART 1General powers of police officers

Power of constable to stop and search persons or vehicles

I1I22

1

A constable may exercise the power conferred by this paragraph if the constable is in a place to which the constable lawfully has access (whether or not it is a place to which the public has access).

2

The constable may search—

a

a person,

b

a vehicle, or

c

anything which is in or on a vehicle,

if Condition A, Condition B or Condition C is satisfied.

3

Condition A is that the constable has reasonable grounds for suspecting that—

a

the constable will find an unmanned aircraft or an article associated with an unmanned aircraft, and

b

the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

i

an offence under article 94A, 240, 265A(2) or 265B(2) of the ANO 2016, or

ii

any relevant prison offence.

4

Condition B is that the constable has reasonable grounds for suspecting that—

a

the constable will find an unmanned aircraft or an article associated with an unmanned aircraft,

b

the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

i

an offence under article 239(4) of the ANO 2016,

ii

a relevant offence under article 265B(3) of the ANO 2016, or

iii

a relevant offence under article 265E(7) of the ANO 2016, and

c

the commission of that offence involves or involved the use of the unmanned aircraft, or the article associated with an unmanned aircraft, for one or more of the following purposes—

i

to endanger any other aircraft (whether or not an unmanned aircraft);

ii

to cause any person harm, harassment, alarm or distress;

iii

to undermine security or good order and discipline in any prison or in any other institution where persons are lawfully detained;

iv

to damage property (including land or buildings);

v

to threaten national security.

5

Condition C is that the constable has reasonable grounds for suspecting that—

a

the constable will find an article which is or has been involved in the commission of any relevant prison offence, and

b

the commission of that offence involves or involved the use of an unmanned aircraft.

6

A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to—

a

an offence under any of these provisions of the ANO 2016—

i

article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

ii

article 239(4) (prohibited or restricted flying);

iii

article 240 (endangering safety of an aircraft);

iv

article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

v

article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

b

a relevant offence under article 265B(3) of the ANO 2016;

c

a relevant offence under article 265E(7) of the ANO 2016; or

d

a relevant prison offence.