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Sydney man arrested on Virgin Blue flight

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Yada Yada

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smh.com.au said:
Sydney man arrested on Virgin Blue flight
Full Story
March 23, 2006 - 4:03PM

A Sydney man was arrested mid-air by three off-duty police after he allegedly threatened aircrew during a Sydney to Perth flight.

The NSW officers aboard the Virgin Blue flight yesterday arrested the 46-year-old man after he was escorted to the rear of the plane by cabin crew.

He had previously been cautioned by staff for his behaviour before being taken to the back of the plane, where he allegedly continued to abuse staff and other passengers until police intervened.

The man, from inner-city Surry Hills, was charged by Australian Federal Police with threatening crew under Section 21 of the Crimes Aviation Act 1991 after the plane landed at Perth.

He will appear in the Perth Magistrates Court today and could face a maximum penalty of 10 years' jail.

AAP
It seems that the Virgin Blue crew handled the situation well. Nice to know.
 

justinbrett

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I was thinking, in the air - what state does the aircraft belong to? Sure, as a domestic flight and Australian registered aircraft the Federal Police would have authority - but NSW Police, I would have thought had no power to arrest people.

To me it would be no different that a NSW policeman holidaying in Perth arresting someone on the street there.
 

N860CR

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Interesting thought... I just had a quick look through the Civil Aviation Regs/Orders and couldn't find anything. I'd say he probably wasn't "arrested" as such, rather just restrained and then handled by the AFP upon arrival in PER
 

thadocta

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All sworn Australian police officers from any jurisdiction have powers anywhere in Australia, the same as special constables. This is mainly to allow officers close to a state border (Coolangatta/Tweed Heads, Albury/Wodonga, Mildura/Euston, as examples) to cross the border in the execution of their duties, it prevents a NSW Highway Patrol vehicle from having to terminate a pursuit merely because the offender crossed a state border.

In this case the NSWPol officers certainly would have been exercising actual authority to arrest the alleged offender, and the arrest was indeed lawful, to the point that any resistance could result in a charge of resisting arrest.

Dave
 

thadocta

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justinbrett said:
To me it would be no different that a NSW policeman holidaying in Perth arresting someone on the street there.
A NSW officer holidaying in Perth would have the same powers as a NSW officer in Perth on duty (for an extradition or an investigation). And would be expected to act on the same basis as if he saw an offence being committed whilst he was off-duty in Sydney.

A sworn officer is expected to act - within reson - 24/7, whether on duty or not.

Where the "within reason" clause kicks in is in relation to various matters which local police would know about - the nature of the offence in that jurisdiction (might be totally different to what the officer is used to), reduced action due to racial tensions, lack of appropriate equipment carried by the off-duty officer concerned, level of intoxication of the off-duty officer concerned, that sort of thing.

Most people who are sworn police officers would not turn a blind eye to an offence which occurred in front of them, and an arrest by a NSWPol officer whilst holidaying in Perth is just as valid as an arrest by an on-duty WAPol officer. It would however be a defence to a "resisting arrest" charge if the officer did not have his badge and warrant card with him (which most don't whilst holidaying).

Dave

Editted for tye-po
 

NM

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thadocta said:
Most people who are sworn police officers would not turn a blind eye to an offence which occurred in front of them, and an arrest by a NSWPol officer whilst holidaying in Perth is just as valid as an arrest by an on-duty QAPol officer. It would however be a defence to a "resisting arrest" charge if the officer did not have his badge and warrant card with him (which most don't whilst holidating).

Dave
And of couse if the arresting officer is required to attend a court case, he gets another trip interstate - I assume at the expense of the state where the court session is being held.
 
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