Part 3: Unmanned aircraft Use of counter-unmanned aircraft technology Policy Background
Counter-UA technologies exist and can be used to disrupt illegal UA use. The legal issues regarding their use depend on the way in which they exert their effect. Some of these systems interfere with or disrupt the electronic signals between the UA and its controller, which, if done without lawful authority, may amount to a criminal offence under the Wireless Telegraphy Act 2006. The use of kinetic counter-UA measures, such as net guns and tactical firearms, of which the effect is to physically disrupt the UA, could amount to unlawful property interference.
	Section 93 of the Police Act 1997 provides for a limited number of named public authorities to authorise property interference or interference with wireless telegraphy that would otherwise be unlawful where it is believed to be necessary for preventing or detecting serious crime and where the action is proportionate to what it seeks to achieve. Section 93(4) of the Police Act 1997 defines "serious crime" in a number of ways, including by reference to offences for which a person "could reasonably be expected to be sentenced to imprisonment for a term of three years or more", or where the conduct involves violence, results in substantial financial gain, or is conducted by a large number of people in pursuit of a common purpose. Various offences involving UA, whilst having statutory maximum sentences higher than three years, have not involved sentences of that term. Other offences, such as some of the offences under legislation relating to prisons which concern the conveying of articles into prisons, attract maximum sentences of less than three years. Therefore, UA may be used to commit offences that would not constitute serious crime under the definition in section 93(4), since it would not be reasonable to expect a sentence of three years or more.
	The Act provides, through an amendment of section 93 of the Police Act 1997, for the authorisation of property interference and interference with wireless telegraphy to detect or prevent certain offences using a UA. In addition, the Act extends the range of public authorities who can authorise interference with property and/or wireless telegraphy in order to prevent or detect offences committed using a UA. This is in recognition of the fact that those organisations are best placed to assess whether it would be necessary and proportionate to use counter-UA technology in relation to the relevant area.
	The Act amends section 93 of the Police Act 1997 to permit the Civil Nuclear Constabulary (CNC) to apply for authorisations under Part III of the Police Act 1997 in relation to counter-UA activity. Currently the CNC is not listed in the relevant schedule of the Police Act 1997, and so the CNC is not able to self-authorise the use of counter-UA technology. The amendment gives the CNC the same powers available to all other police forces to respond to a UA incident and thereby enhances the protection of civil nuclear licensed sites.
	The Act further amends section 93 of the Police Act 1997 to make provision for "prison authorisations". In respect of prisons, the "authorising officer" may be a member of senior management for prisons in England and Wales who is designated for this purpose by the Secretary of State. There are also equivalent changes in relation to Scottish and Northern Irish custodial institutions.