Section 121, Civil Aviation Act, 2017 for an effective aviation safety and security

(1) Where the commander of an aircraft in flight, whereverthe aircraft may be, has reasonable grounds to believe that a person on board the aircraft - (a) has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise - (i) the safety of the aircraft or of persons on board the aircraft, or (ii) the good order and discipline on board the aircraft; or (b) has done any act which in the opinion of the commander is an offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to subsection (5), the commander may take such reasonable measures, including restraint of the person, as may be necessary for any of the purposes protecting the safety of the aircraft and persons on board the aircraft. (2) The commander may take any measure under subsection (1) to- (a) protect the safety of the aircraft and persons on board the aircraft; (b) maintain good order and discipline on board the aircraft; or (c) enable the commander to disembark or deliver that person in accordance with subsection (6). (3) The commander may require the assistance of other crew members and may request, but not require, the assistance of passengers, or authorise other crew members and passengers to restrain any person whom the commander is entitled to restrain. (4) A crew member or passenger may also take reasonable preventive measures without any authorization under subsection (3) when he has reasonable grounds to believe that the action is immediately necessary to protect the safety of the aircraft, or of persons or property on board the aircraft. (5) A restraint imposed on a person on board an aircraft under this section shall be discontinued after the first time, following the restraint, when the aircraft ceases to be in flight, unless before, or as soon as is reasonable practicable after that time, the commander of the aircraft notifies the appropriate authority of the country where the aircraft ceases to be in flight that a person is restrained and the reasons for the restraint. Interference with safe operation of No. 7 The Civil Aviation Act 2019No. 7 The Civil Aviation Act 2019106 107 (6) Where the commander complies with subsection (5), the restraint may continue - (a) for any period (including the period of any further flight) between the time the aircraft ceased to be in flight under subsection (5) and the first occasion after that on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (7); or (b) if the person under restraint agrees to continue his or her journey under restraint on board the aircraft. (7) Where the commander of an aircraft has reasonable grounds to believe that a person on board the aircraft- (a) has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise – (i) the safety of the aircraft or of persons on board the aircraft, or (ii) the good order and discipline on board (iii) it is necessary to do so in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, he may disembark that person in any country in which that aircraft may be; or (b) has done on the aircraft while in flight any act which in the opinion of the commander is an offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, he may deliver that person to the appropriate authority. (8) Where the commander of an aircraft– (a) disembarks a person in pursuance of paragraph (a) of subsection (7), in the case of a Sierra Leonean registered aircraft, in any country or, in the case of any other aircraft, in Sierra Leone he shall report the facts of and the reasons for, the disembarkation to– (i) the appropriate authority in the country of disembarkation, and (ii) the appropriate diplomatic or consular officer of the country of nationality of the person; (b) intends to deliver a person in pursuance of paragraph (b) of subsection (7) in Sierra Leone, or in the case of a Sierra Leonean registered aircraft, in any other country, which is a contracting State, he shall before, or as soon as reasonably practicable after landing, give notification of his intention and of the reasons for it– (i) to the appropriate authority; and (ii) in either case, to the appropriate diplomatic or consular officer of the country of nationality of that person. (9) The commander of an aircraft who, without reasonable cause, fails to comply with the requirements of subsection (8) commits an offence and is liable on summary conviction to a fine of 100,000 Leones. (10) A person who wilfully and with reckless disregard of the safety of human life, interferes or attempts to interfere with the safeoperation of an aircraft in, or intended for operation in, the special aircraft jurisdiction of Sierra Leone, commits an offence and is liable on conviction to a fine not exceeding 10,000,000 Leones or No. 7 The Civil Aviation Act 2019No. 7 The Civil Aviation Act 2019108 109