Part 1

Offences

Ships and aircraft

Dangerous flying etc
33
1
A person subject to service law commits an offence if—
a
he does an act—
i
when flying or using an aircraft, or
ii
in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person; and
b
either—
i
he intends to cause loss of life or injury to any person, and there is no lawful excuse for his act; or
ii
he is reckless as to whether he causes loss of life or injury to any person.
2
A person subject to service law commits an offence if, negligently, he does an act—
a
when flying or using an aircraft, or
b
in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person.
3
In this section—
- “act” includes an omission and the reference to the doing of an act is to be read accordingly;
- “aircraft material” includes—
  1. parts of and accessories for aircraft (whether or not for the time being in aircraft);
  2. armaments in or for use in aircraft;
  3. any other equipment or instrument in or for use in aircraft;
  4. any equipment for use in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft;
  5. any fuel for the propulsion of aircraft; and
  6. any lubricant for aircraft or for anything within any of paragraphs (a) to (d).
4
A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—
a
in the case of an offence under subsection (1), may be for life;
b
in the case of an offence under subsection (2), must not exceed two years.
S. 33 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 33 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4