Part 3: Unmanned aircraft Stop and search Legal Background
The provisions in the Act provide the police with the power to stop and search any person or vehicle (or anything in or on a vehicle) in specific circumstances. This power applies where the constable has reasonable grounds for suspecting that they will find a UA, and/or any article associated with a UA, which is or has been involved in the commission of certain offences in the ANO 2016, or the Prison Act 1952 or equivalent legislation in Scotland and Northern Ireland. This power also applies in relation to certain prison offences involving the use of a UA where the constable has reasonable grounds for suspecting that they will find any other article. In this context, uses of a UA which would be caught by this power include, but are not limited to, flying a UA within the flight restriction zone of a protected aerodrome without permission from the CAA or using UA to commit prison-related offences, such as facilitating an escape or conveying prohibited items such as drugs, weapons, mobile phones or tools into a prison.
	Schedule 8, paragraph 2(2) provides the power to stop and search in relation to suspected contraventions of the following offences:
Article 94A of the ANO 2016, which provides that a UAS operator must not cause or permit a UA to be flown and a remote pilot must not fly a UA within the flight restriction zone of a protected aerodrome without the required permission.
Article 239(4) of the ANO 2016, which provides that it is an offence to contravene or fail to comply with regulations made under article 239, under which the Secretary of State may make regulations prohibiting or restricting flying of all aircraft, including UA.
Article 240 of the ANO 2016, which provides that a person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft.
Article 265A(2) of the ANO 2016, the effect of which is that it is an offence for a UAS operator not to operate within the new risk-based framework of the Implementing Regulation.
Article 265B(2) of the ANO 2016, the effect of which is that it is an offence for a remote pilot not to fly in accordance with the new risk-based framework of the Implementing Regulation.
Article 265B(3) of the ANO 2016, to the extent an offence under that provision is a "relevant offence under article 265B(3) of the ANO 2016" as defined in paragraph 6 of Schedule 8. The offence applies to contraventions by a remote pilot of any of the requirements listed in that article. An example of a relevant requirement in relation to a relevant offence under article 265B(3) of the ANO 2016 is not to fly a UA above the maximum operating height permitted in the open category.
Article 265E(7) of the ANO 2016, to the extent an offence under that provision is a "relevant offence under article 265E(7) of the ANO 2016" as defined in paragraph 7 of Schedule 8. The offence applies to contraventions by a remote pilot flying a tethered small UA of any of the requirements listed in that article. An example of a relevant requirement in relation to a relevant offence under article 265E(7) of the ANO 2016 is not flying a tethered small UA beyond visual line of sight.
Certain offences under the Prison Act 1952:
Section 39 makes it a criminal offence to assist a prisoner to escape. This assistance can include bringing, throwing or conveying anything into a prison with the intention to facilitate the escape of a prisoner. Such actions could be carried out using UA.
Sections 40B, 40C and 40CB, which make it a criminal offence for someone to bring, throw or convey prohibited items into a prison, as well as to throw any article into a prison, where they do not have authorisation. Again, such actions could be carried out using UA.
Offences in the Prison Act (Northern Ireland) 1953, the Prisons (Scotland) Act 1989 and common law offences in Scotland which are equivalent to those in the Prison Act 1952.
	In order for a constable to exercise this stop and search power, the constable must have reasonable grounds for suspecting that they will find a UA or an article associated with a UA which is or has been involved in the commission of one of these offences. Additional requirements apply in respect of some offences.
	Where relevant, the provisions in the Police and Criminal Evidence Act 1984 ("PACE 1984") apply to the seizure and retention of property.