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ParochialYokal

RAF Police- Civilian Jurisdiction

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ParochialYokal

Does anyone know whether the RAF Police has jurisdiction over civilians on RAF flights?
 
And do they have jurisdiction on civilians landing at a RAF facility? For example, for Customs purposes? I understand that RAFPOL fulfil such duties on service personnel coming and going on flights (e.g. they undertake all security, policing, Customs and, I guess, immigration duties at RAF ‘air ports’).
 
I know that Service Police have jurisdiction over civilians whom are in military families abroad and also contractors, but there are sometimes civilians whom fit in neither category whom may take a RAF flight. In fact, I think there are even some obscure locations where civilians can book a RAF flight online as if they were booking with a normal airline.
 
Is this a gap in legislation or is it the only real example of Service Police have powers over civilians on UK soil?

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Billy Blue Tac

Yes they do but I'm sketchy on the detail. I'll look it up when I get to work tomorrow.

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Funkywingnut

Yes they do, full jurisdiction from when the aircraft begins to move till it stops. (Ish)

Interestingly, when the military suppprt U.K. Civilian agencies l, all those on board are subject to service law, this would include Royalty on Military aircraft technically. 

Not just RAF Police, any Service Police as there is zero difference in powers for any U.K. military police. 

Applies to ships, boats or floating things too.

Edited by Funkywingnut

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Funkywingnut

Schedule 15 to the Armed Forces Act 2006 makes provision for civilians subject to service discipline.

Part 1
Persons in one of Her Majesty's aircraft in flight
1(1) A person is within this paragraph if he is in one of Her Majesty's aircraft in flight. 

1(2) For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes -

(a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; 
(b) any period when the aircraft is on the surface of the sea or navigable waters. 

1(3) In sub-paragraph (2)(a) a flight means a journey by air beginning when the aircraft takes off and ending when it next lands. 

1(4) In this paragraph Her Majesty's aircraftmeans all aircraft belonging to or used for the purposes of any of Her Majesty's forces.

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Funkywingnut
1 hour ago, ParochialYokal said:

Does anyone know whether the RAF Police has jurisdiction over civilians on RAF flights?
 
And do they have jurisdiction on civilians landing at a RAF facility? For example, for Customs purposes? I understand that RAFPOL fulfil such duties on service personnel coming and going on flights (e.g. they undertake all security, policing, Customs and, I guess, immigration duties at RAF ‘air ports’).
 
I know that Service Police have jurisdiction over civilians whom are in military families abroad and also contractors, but there are sometimes civilians whom fit in neither category whom may take a RAF flight. In fact, I think there are even some obscure locations where civilians can book a RAF flight online as if they were booking with a normal airline.
 
Is this a gap in legislation or is it the only real example of Service Police have powers over civilians on UK soil?

Worth noting many legacy investigations involving service personnel who have let the military decades ago are still investigated by service police with full powers and the subjects are civilians and have been for a long time. 

Service Police successfuly police civilians daily, even being sworn in as a Constable in a number of British Territories.  They also work on secondments to various Home Office units, it is all just done quietly. 

 

Edited by Funkywingnut

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ParochialYokal
Worth noting many legacy investigations involving service personnel who have let the military decades ago are still investigated by service police with full powers and the subjects are civilians and have been for a long time. 


Of course, ex-military personnel are still under the jurisdiction of Service Police for alleged crimes committed whilst serving.

But I am talking in the purist sense of civilians. For example, 80 year old Mrs Miggins is struggling to fund her lavish spending on Saga holidays. She gets a RAF flight back from the Ascension Islands where she was paid to courier a package back containing something illegal. RAFPOL screen her cases upon landing and catch her ‘banged to rights’. She starts to leg as fast she can on her Zimmer frame. What powers have they go to stop her?

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Funkywingnut
4 minutes ago, ParochialYokal said:

 


Of course, ex-military personnel are still under the jurisdiction of Service Police for alleged crimes committed whilst serving.

But I am talking in the purist sense of civilians. For example, 80 year old Mrs Miggins is struggling to fund her lavish spending on Saga holidays. She gets a RAF flight back from the Ascension Islands where she was paid to courier a package back containing something illegal. RAFPOL screen her cases upon landing and catch her ‘banged to rights’. She starts to leg as fast she can on her Zimmer frame. What powers have they go to stop her?

 

Section 24A PACE

If she is on the aircraft she falls under jurisdiction, if not any person powers. However, the powers are extant if the service police believe she is subject to service law. 

However, this may change soon as there is a review taken place that suggests wider powers similar to CNC. 

Legacy investigations still involve civilians you cannot claim they are military once out of service, especially when you consider the offences. 

Edited by Funkywingnut

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ParochialYokal
Section 24A PACE
If she is on the aircraft she falls under jurisdiction, if not any person powers. However, the powers are extant if the service police believe she is subject to service law. 
However, this may change soon as there is a review taken place that suggests wider powers similar to CNC. 
Legacy investigations still involve civilians you cannot claim they are military once out of service, especially when you consider the offences. 


I am not claiming that they “are military once out of service”; rather, I am just highlighting what pretty much everyone knows that ex-military personnel are subject to Service Police jurisdiction in relation to the period that they served.

Thanks for also flagging the blindly obvious that RAFPOL have powers of any person arrest just like everyone else. That never occurred to me...

What I am trying to identify is the specific law or other provision that gives RAFPOL police powers over civilians in such circumstances.

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Funkywingnut
10 minutes ago, ParochialYokal said:

 


I am not claiming that they “are military once out of service”; rather, I am just highlighting what pretty much everyone knows that ex-military personnel are subject to Service Police jurisdiction in relation to the period that they served.

Thanks for also flagging the blindly obvious that RAFPOL have powers of any person arrest just like everyone else. That never occurred to me...

What I am trying to identify is the specific law or other provision that gives RAFPOL police powers over civilians in such circumstances.

 

Ah I’m supposed to mind read. 

As described in AFA which is not just RAFPol but all military police. 

Schedule 15 to the Armed Forces Act 2006 makes provision for civilians subject to service discipline.

Part 1
Persons in one of Her Majesty's aircraft in flight
1(1) A person is within this paragraph if he is in one of Her Majesty's aircraft in flight. 

1(2) For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes -

(a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; 
(b) any period when the aircraft is on the surface of the sea or navigable waters. 

1(3) In sub-paragraph (2)(a) a flight means a journey by air beginning when the aircraft takes off and ending when it next lands. 

1(4) In this paragraph Her Majesty's aircraft means all aircraft belonging to or used for the purposes of any of Her Majesty's forces. 

Persons in one of Her Majesty's ships afloat
2(1) A person is within this paragraph if he is in one of Her Majesty's ships afloat. 

2(2) In this paragraph Her Majesty's shipsmeans all ships belonging to or used for the purposes of any of Her Majesty's forces. 

2(3) For the purposes of this paragraph afloat means not on shore. 

Persons in service custody etc
3(1) A person is within this paragraph if -

(a) he is in service custody; and 
(b) his being in service custody is lawful by virtue of any provision of or made under this Act. 

3(2) A person is also within this paragraph if he is in the course of being arrested, or of having an attempted arrest made of him, by a person who has a duty under service law to apprehend him.

Crown servants in designated area working in support of Her Majesty's forces
4(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he is a Crown servant; 
(b) his sole or main role is to work in support of any of Her Majesty's forces; and 
(c) either -

(i) he is in a designated area, and his normal place of work in that role is in that designated area; or
(ii) sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of his work in that role.

4(2) In this paragraph Crown servantmeans a person employed by or in the service of the Government of the United Kingdom. 

Persons working for specified military organisations
5(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he is employed by or in the service of a specified naval, military or air-force organisation of which the United Kingdom is a member; 
(b) he is so employed by reason of the United Kingdom's membership of that organisation; and 
(c) either -

(i) he is in a country outside the British Islands, and his normal place of work under that employment is in that country; or
(ii) sub-paragraph (i) does not apply, but he is in a country outside the British Islands and he came there wholly or partly for the purposes of his work under that employment. (see also paragraph 14)

5(2) In this paragraph specified means specified by order of the Secretary of State under this paragraph. 

Persons in designated area who are members or employees of other specified organisations
6(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he belongs to or is employed by a specified organisation; and 
(b) either -

(i) he is in a designated area, and his normal place of work for that organisation is in that designated area; or
(ii) sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of work for that organisation.

6(2) In this paragraph specified organisation means an organisation which -

(a) does not fall within paragraph 5; and 
(b) is specified by order of the Secretary of State under this paragraph. 

Persons designated by or on behalf of Defence Council
7(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and 
(b) he is outside the British Islands. 

7(2) A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so -

(a) in the interests of the person; 
(b) for the protection of other persons (whether or not members of any of Her Majesty's forces); or 
(c) for the purpose of maintaining good order and discipline. 

7(3) In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to -

(a) the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be; 
(b) the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties; 
(c) the likelihood of the person's being subject to the law applicable to the armed forces of any country or territory outside the British Islands. 

7(4) A designation under this paragraph -

(a) may designate persons by name or by description; 
(b) may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances; 
(c) may be withdrawn by any person entitled to make designations under this paragraph. 

7(5) In sub-paragraph (4) "specified" means specified by the designation.

Persons residing or staying with person subject to service law in designated area
8 A person is within this paragraph (subject to paragraph 11) if -

(a) he resides or is staying with a person subject to service law in a designated area; and 
(b) he is in that designated area. 

Persons residing or staying with person falling within paragraph 4 or 6 in designated area
9(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he resides or is staying with a relevant person in a designated area; and 
(b) he is in that designated area. 

9(2) In this paragraph a relevant personmeans a person who -

(a) falls within paragraph 4 or 6; or 
(b) would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated area. 

Persons residing or staying with person falling within paragraph 5
10(1) A person is within this paragraph (subject to paragraph 11) if -

(a) he resides or is staying with a qualifying person in a relevant country; and 
(b) he is in that country. 

10(2) In this paragraph a qualifying personmeans a person who -

(a) falls within paragraph 5; or 
(b) would fall within paragraph 5, but for paragraph 11 or his not being in a relevant country. 

10(3) For the purposes of this paragraph, a country is relevant in relation to a person employed as mentioned in paragraph 5 if it is outside the British Islands and -

(a) is where that person's normal place of work under that employment is situated; or
(b) is a country to which that person came wholly or partly for the purposes of his work under that employment.

Part 2
Exclusion

11(1) A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country -

(a) of which he is a national; or 
(b) in which he is ordinarily resident. 

11(2) In this paragraph a United Kingdom national means an individual who is -

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; 
(b) a person who under the British Nationality Act 1981 is a British subject; or 
(c) a British protected person within the meaning of that Act. 

11(3) In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10. 
(see also paragraph 14 below)

Definitions
12(1) In this Schedule designated areameans an area which -

(a) is outside the British Islands; and 
(b) is designated for the purposes of this Schedule by an order made by the Secretary of State. 

12(2) An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous). 

13 In this Schedule references to a person residing or staying with another person include references to the person -

(a) being about to reside or stay with the other person; and 
(b) departing after residing or staying with him.

14 For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is not within a country is to be treated as a country.

Edited by Funkywingnut

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Funkywingnut

In short:

On ships or aircraft.

When in a designated area (overseas)

or staying with service personnel in a designated area. (But not if a national of that country) 

In a designated organisation (NAAFI etc) 

When designated by the Defence Council. (Which in reality is a bit of a back door)

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ParochialYokal

Thank you. Much appreciated.

 

My reading of the above (which was done on a mobile devices, so I may have missed something!) is that a civilian is under Service Police jurisdiction whilst they are on such aircraft but not in relation to the time that they were on such aircraft if they leave it.

 

That is, once off the aircraft on UK soil then Service Police jurisdiction ends. As such, Service Police have no jurisdiction once they have left in the UK, which probably means that there is ‘pre-screening’ for Customs and immigration before the plane departs?

 

 

 

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Funkywingnut
9 minutes ago, ParochialYokal said:

Thank you. Much appreciated.

 

My reading of the above (which was done on a mobile devices, so I may have missed something!) is that a civilian is under Service Police jurisdiction whilst they are on such aircraft but not in relation to the time that they were on such aircraft if they leave it.

 

That is, once off the aircraft on UK soil then Service Police jurisdiction ends. As such, Service Police have no jurisdiction once they have left in the UK, which probably means that there is ‘pre-screening’ for Customs and immigration before the plane departs?

 

 

 

Yes so the jurisdiction only applies when the aircraft begins to move, so bizarrely that means no jurisdiction when static. 

Once the aircraft arrives and stops jurisdiction ends, however:

If arrested prior to stopping this, jurisdiction remains as service police have jurisdiction of anyone in service police custody providing that arrest was lawful. 

This applies to any aircraft under MoD control, whether owned or chartered. It’s a strange choice to make when creating the Armed Forces Act. But there is a good chance juristiction may extend soon.  It works in other British territories where they are PC’s also. 

Screening if passengers for all RAF aircraft is done by RAFPol around the world daily. 

They also act on behalf of Customs and Immigration.  

 

Edited by Funkywingnut
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Funkywingnut

@ParochialYokal Should I ask you if you are you planning on drug smuggling or drunken violence on a military aircraft? 

😉

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ParochialYokal
[mention=806]ParochialYokal[/mention] Should I ask you if you are you planning on drug smuggling or drunken violence on a military aircraft? 

 

 

Well, as they don’t serve alcohol on military aircraft I doubt that I will be engaging in mass disorder. And considering how well military aircraft are subject to such thorough policing and security checks (regardless of Service Police powers), only an idiot would smuggle drugs on one!

 

The reason I asked is that I saw a programme about ‘Inside the RAF’ looking at Brize Norton and I was just curious about powers, as it looked and operated just like an airport. I saw RAFPOL screening bags for passengers that had already landed and wondered how that worked out for civilians.

 

 

 

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ParochialYokal
Yes so the jurisdiction only applies when the aircraft begins to move, so bizarrely that means no jurisdiction when static. 
Once the aircraft arrives and stops jurisdiction ends, however:
If arrested prior to stopping this, jurisdiction remains as service police have jurisdiction of anyone in service police custody providing that arrest was lawful. 
This applies to any aircraft under MoD control, whether owned or chartered. It’s a strange choice to make when creating the Armed Forces Act. But there is a good chance juristiction may extend soon.  It works in other British territories where they are PC’s also. 
Screening if passengers for all RAF aircraft is done by RAFPol around the world daily. 
They also act on behalf of Customs and Immigration.  
 


Thank you. You have answered my question.

Service Police jurisdiction ends once the plane has landed and stopped moving on UK soil, unless the person is already under arrest. However, the jurisdiction commenced much sooner in terms of when the civilian was on designated land abroad. As such, all customs and immigration checks would probably have been done on a pre-clearance basis, as there is no recourse once landed.

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