Commentary on Sections Part 9: Aviation Security Section 82 Arrest without warrant
175.This section provides for certain offences to be inserted at the end of section 24(2) of the Police and Criminal Evidence Act 1984 (PACE). This has the effect of giving the police the power to arrest suspects, even though the maximum penalties for the offences in themselves are not sufficient to give an automatic power of arrest.
176.The offences to be covered are those relating to unauthorised presence in the restricted zone of an airport or on an aircraft (sections 21(C)(1) and 21D(1) of the Aviation Security Act 1982) and trespassing on a licensed aerodrome (section 39(1) of the Civil Aviation Act 1982).
177.Section 24 of PACE extends only to England and Wales. Section 82 of this Act therefore also makes similar change to the equivalent policing legislation in Northern Ireland to ensure consistency. In Scotland, powers of arrest for these offences would be subject to the general rule that arrest without warrant is not justified unless a constable has reasonable grounds for suspecting that a person has committed certain offences. In order to ensure that the police in Scotland have the desired power of arrest a statutory power of arrest without warrant has been introduced.