BSQ Client Avoids Custody In Air Rage Prosecution

In a rare example of the Courts not imposing an immediate custodial sentence for this type of offending a BSQ client has avoided prison after pleading guilty to being Drunk on an Aircraft.

BSQ‘s client V, was charged with two offences, including Assaulting an Emergency Worker contrary to Section 39 of the Criminal justice Act 1988 and Being Drunk on an Aircraft contrary to Article 242 (1) and 265 (7) of the Air Navigation Order 2016.

It was alleged that V, who was flying to the UK from a European city had been drunk before boarding the flight. Once airborne V had refused to wear a mask and was behaving in a disruptive manner with air crew. It was alleged V had been drinking heavily during her journey. On arriving in the UK, police boarded the plane and V was alleged to have assaulted one of the officers attending.

Having been detained in police custody after leaving the aircraft V pleaded guilty the next day when appearing at the Magistrates Court. V’s case was then committed to the Crown Court for sentence.

In dealing with these types of cases the Court of Appeal has on many occasions reiterated its view that immediate custodial sentences should be imposed as a deterrent to others regardless of the background of the offender. Like many of the defendants that have featured in the sentencing precedent cases V was of impeccable good character. A large volume of material attesting to Vs otherwise exemplary background was put before the court. Taking a exceptional view in light of this, the court was persuade to impose a suspect a non-custodial penalty in these case.

V was represented throughout by BSQ partner Roger Sahota as Head of the private client department.

Air rage prosecutions are on the rise. If you need a criminal law solicitor with expertise in this area, view our air rage solicitor’s guide.

Should you require an advice and assistance in relation to an Air Navigation Order offence  please contact our London offices.

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