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chrisnh
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Joined: Tue Jun 29, 1999 3:59 am

'Unruly' Diversions: Who Has Jurisdiction?

Fri Aug 21, 2009 1:11 am

Let's say a British Airways flight from London to Washington has an unruly passenger. The plane sets down in Gander.

Is the unruly passenger charged under Canadian law or British law?

And let's say the 'penalty' and charges are tougher in the U.S. than in Canada. Would the Captain continue on to Bangor or Boston and deposit his trophy there, because he'd know the guy (or lady) was going to face a tougher fate? I'm not saying he'd be 'stupid' and fly a whole lot further with a volatile situation on board, but Newfoundland to Bangor (or Boston) isn't THAT far.

[Edited 2009-08-20 18:13:04]
 
Viscount724
Posts: 18859
Joined: Thu Oct 12, 2006 7:32 pm

RE: 'Unruly' Diversions: Who Has Jurisdiction?

Fri Aug 21, 2009 2:14 am

The laws of the country where the aircraft lands apply, in your example, Canada.

I recall a BA flight (pretty sure it was BA) a few years ago from the U.S. west coast to LHR that diverted to YWG due to an unruly passenger. The passenger received a prison sentence in Canada although I think he was British.
 
YWG
Posts: 1055
Joined: Wed Feb 07, 2001 11:29 am

RE: 'Unruly' Diversions: Who Has Jurisdiction?

Fri Aug 21, 2009 6:00 am



Quoting Viscount724 (Reply 1):
I recall a BA flight (pretty sure it was BA) a few years ago from the U.S. west coast to LHR that diverted to YWG due to an unruly passenger. The passenger received a prison sentence in Canada although I think he was British.

I recall that too. He also had to pay back the cost of diverting.

A recent example, from the avherald.....

Incident: American B752 near Gander on Aug 15th 2009, unruly passenger

By Simon Hradecky, created Sunday, Aug 16th 2009 13:00Z, last updated Wednesday, Aug 19th 2009 22:10Z
An American Airlines Boeing 757-200, registration N189AN performing flight AA-147 from Paris Charles de Gaulle (France) to Boston,MA (USA), diverted to Gander,NL (Canada) due to an unruly passenger on board. The airplane landed safely.

The airplane reached Boston with a delay of 100 minutes as a result.

Gander Police reported, that the man (52) had raised suspicions of a bomb, when he operated his GPS with several suspicious addon items. When he connected one of the items to the fuselage and refused to hand over those items to the cabin crew, the crew decided to divert to Gander. The man was handed over to police, the suspicious devices were seized. The man has to appear in court.

The provincial court in Gander convicted the passenger to a fine of 10,000 Canadian dollars and compensation of damages of more than 22,000 US$ on Aug 19th. The passenger admitted, that he had used putty to attach his GPS to the sidewall of the cabin and refused to hand the items over to the crew
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