Part I

Offences Against the Safety of Aircraft Etc.

Offences in relation to certain dangerous articles.
4
1
It shall be an offence for any person without lawful authority or reasonable excuse (the proof of which shall lie on him) to have with him—
a
in any aircraft registered in the United Kingdom, whether at a time when the aircraft is in the United Kingdom or not, or
b
in any other aircraft at a time when it is in, or in flight over, the United Kingdom, or
c
in any part of an aerodrome in the United Kingdom, or
d
in any air navigation installation in the United Kingdom which does not form part of an aerodrome,
any article to which this section applies.
2
This section applies to the following articles, that is to say—
a
any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not;
b
any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and
c
any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person.
3
For the purposes of this section a person who is for the time being in an aircraft, or in part of an aerodrome, shall be treated as having with him in the aircraft, or in that part of the aerodrome, as the case may be, an article to which this section applies if—
a
where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight, or
b
where he is in part of an aerodrome (otherwise than in an aircraft), the article, or an article in which it is contained, is in that or any other part of the aerodrome and has been caused (whether by him or by any other person) to be brought into the aerodrome as being, or as forming part of, his baggage on a flight from that aerodrome or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also to be carried.
notwithstanding that the circumstances may be such that (apart from this subsection) he would not be regarded as having the article with him in the aircraft or in a part of the aerodrome, as the case may be.
4
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
5
Nothing in subsection (3) above shall be construed as limiting the circumstances in which a person would, apart from that subsection, be regarded as having an article with him as mentioned in subsection (1) above.
S. 4 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt.I
S. 4 extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II
Pt. I applied (with modifications) (6.12.2000) by S.I. 2000/3059 , art. 3(1) , Schs. 2 , 3 (as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4)