Powers of Airport Police

danash

I have always been perplexed by the powers of the airport police and notice they have recently started to dress more like a conventional police force. I was under the impression that they only had powers of arrest similar to private citizens and could only ask for your name and address when you are on site - with refusal resulting in arrest.

Recently however with the reported arrest of two members of the Garda they seem to have more powers than I imagined....

Any insights would be helpful

Joey the lips

Worked in the Airport for a while and asked this question. The airport police have all the powers of normal police up to the airport boundry. They have the full support of the gardi.

BarryM

Joey the lips wrote: »

The airport police have all the powers of normal police up to the airport boundry. They have the full support of the gardi.

Of course they have the full support, doing their job...

But, on what basis do they have powers of normal police? Can you point to the reference for that? Not being bolshie, just interested.

Bye, Barry

Joey the lips

BarryM wrote: »

Of course they have the full support, doing their job...

But, on what basis do they have powers of normal police? Can you point to the reference for that? Not being bolshie, just interested.

Bye, Barry

No reference just asked one when i worked there. Granted he could have been talking crap but it was not that type of conversation. My question to him was how do you differ from a garda. He said no difference except we must call the guards after we "detain" soneone and the guards decide if its an offence worth charging them for.

They are to be obey as you would obey a guard giving traffic signals etc.

McCrack

This has been done to death on the emergency services forum. If you do a search you will get answers and more.

Essentially they get there powers from the Air Navigation and Transport Acts which are confined to aerodrome land.

dats_right

They do have certain statutory powers of arrest in addition to ordinary citizens by virtue of Air Navigation and Transport Act 1950 as amended and by virtue of various bye laws made thereunder.

FOR EXAMPLE SECTION 19 (1) provides:

( b ) if the offender, on being required by an authorised officer to give his name and address, refuses to give his name or refuses to give his address or gives a name or address which is known to, or reasonably suspected by, the authorised officer to be false or fictitious, the authorised officer may without warrant arrest him;

( c ) if the offender, on being ordered by an authorised officer to leave the aerodrome, refuses or fails to do so, the authorised officer may either remove him from the aerodrome by force or without warrant arrest him.

BarryM

McCrack wrote: »

... If you do a search you will get answers and more.

Aha, but search is 'suspended'

Tnks for the info.

BarryM

dats_right wrote: »

They do have certain statutory powers of arrest in addition to ordinary citizens by virtue of Air Navigation and Transport Act 1950 as amended and by virtue of various bye laws made thereunder.

FOR EXAMPLE SECTION 19 (1) provides:

( b ) if the offender, on being required by an authorised officer to give his name and address, refuses to give his name ....


Presumably they (the police) decide who is an 'offender'

I once had a situation where a lazy driver was parked across the pedestrian crossing at the old Cork airport, while she phoned the people she was collecting to come out. A wheelchair person was blocked, the airport police arrived, ignored the wheelchair and asked me what I was doing standing in front of the car. When I explained the situation he said it was none of my business and 'do you have ID' I said yes, but didn't offer it, he walked away..... leaving the car there and the wheelchair person also.....

The French call that 'petit pouvoir' I think the meaning is clear.

Bye, Barry

dmainman

They have very limited "powers". They do not have the power of arrest. The reason for arrest is twofold: for a proper investigation or the purpose of charge, the airport police can do neither which means they have the power of detention, similar to most security guards.

They can direct a vehicle to move if it is an obstruction, but have no powers under the Road Traffic Act.

Any "prisoner" the airport police take, is handed over to Gardai immediately.

Not knocking their job, just clarifying.

Fey!

Surely, being essentially private security, they must be registered with the PSA and have to display PSA identification when on duty, the same as ever other security industry worker in the country?

Also, how can airport security force you to remove clothing/shoes (approaching xray); even the gardai can't force you to do that in a public place!

sunnyjim

Fey! wrote: »

Surely, being essentially private security, they must be registered with the PSA and have to display PSA identification when on duty, the same as ever other security industry worker in the country?

Also, how can airport security force you to remove clothing/shoes (approaching xray); even the gardai can't force you to do that in a public place!

Did you even read 8 posts above yours? Their powers as police officers are inscribed in the law, unlike bouncers etc... *resisting use of the rolleyes here

I'm sure the gardai could force you to remove clothing if they thought you were concealing a weapon (which is what the Airport Search Unit are looking for too, coincidently).

Fey!

sunnyjim wrote: »

Did you even read 8 posts above yours? Their powers as police officers are inscribed in the law, unlike bouncers etc... *resisting use of the rolleyes here

I'm sure the gardai could force you to remove clothing if they thought you were concealing a weapon (which is what the Airport Search Unit are looking for too, coincidently).

That is the singularly most condescending reply I have seen on boards to date, which really takes some doing.

The post 8 above mine reads

Joey the lips wrote:

Worked in the Airport for a while and asked this question. The airport police have all the powers of normal police up to the airport boundry. They have the full support of the gardi.

Where does that mention their powers being "inscribed in law"?

Post #8 by BarryM refered to powers of arrest, which I did not enquire about. Post #9 by discussed their lack of powers of arrest and their lack of power underthe road traffic act.

Seeing as you are so sure that the gardai could make me strip on the street to find a weapon (as opposed to a frisk on the street or a strip search in a cell), please point me to the relevant legislation. Even the gardai must have a reasonable reason to assume you have a weapon and therefore search you, where Airport Police don't seem to.

While you're at it, please point out the legistation giving Airport police "all the powers of normal police up to the airport boundry" (isn't that "boundary"?).


Dats right and McCrack both refer to them getting their powers from the Air Navigation and Transport Acts, but single out powers of arrest.

the locust

dmainman wrote: »

They have very limited "powers". They do not have the power of arrest. The reason for arrest is twofold: for a proper investigation or the purpose of charge, the airport police can do neither which means they have the power of detention, similar to most security guards. They can direct a vehicle to move if it is an obstruction, but have no powers under the Road Traffic Act. Any "prisoner" the airport police take, is handed over to Gardai immediately. Not knocking their job, just clarifying.

They are airport police (as the name suggests) not private security. They have handcuffs don't they? And they operate off of legislation.
They can stop search ask name address arrest you, deal with traffic all within the airport grounds... much the same as Gardai. (Yes they do hand them over to Gardai upon arrest).

Leg
33. —(1) An authorised officer, in the interest of the proper operation, or the security or safety, of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may do all or any of the following things—

[GA] ( a ) stop, detain for such time as is reasonably necessary for the exercise of any of his powers under this section, and search any person or vehicle on an aerodrome;

[GA] ( b ) require any person on an aerodrome to—

[GA] (i) give his name and address and to produce other evidence of his identity;

[GA] (ii) state the purpose of his being on the aerodrome;

[GA] (iii) account for any baggage or other property which may be in his possession;

[GA] ( c ) order any person

[GA] (i) who refuses to give his name or address, or to produce other evidence of his identity, or

[GA] (ii) who refuses to state the purpose of his being on the aerodrome, or

[GA] (iii) who refuses to account for any baggage or other property in his possession, or

[GA] (iv) who gives a name or address or states a purpose of his being on the aerodrome which is known, or is reasonably suspected, by the authorised officer to be false or fictitious, or

[GA] (v) whom he knows not to have, or whom he reasonably suspects of not having, a lawful reason for being on the aerodrome,

[GA] to leave the aerodrome, or any part thereof, or he may remove such person from the aerodrome, or any part thereof, or he may arrest that person without warrant,

[GA] ( d ) arrest without warrant any person- 4

[GA] (i) who assaults, or whom he reasonably suspects to have assaulted, another person on an aerodrome, or

[GA] (ii) whom he knows to have, or whom he reasonably suspects of having contravened section 12 or 19, or

[GA] (iii) whom he knows to have, or reasonably suspects of having, a stolen article in his possession.

[GA] (2) Where an authorised officer, who is not a member of the Garda Síochána, arrests a person under this section, he shall, forthwith, deliver such person into the custody of a member of the Garda Síochána to be dealt with in accordance with law.

[GA] (3) Where an authorised officer arrests a person pursuant to the powers conferred on him by subsection (1) (d) (iii), he may retain in his possession any article which he knows to have been, or reasonably suspects of having been, stolen until it has been established whether or not the article was stolen.

[GA] (4) A person who was ordered by an authorised officer to leave an aerodrome or part of an aerodrome, or who was removed from an aerodrome or part of an aerodrome by an authorised officer, shall not, on the same day, without the permission of an authorised officer, return to the aerodrome or the part of the aerodrome which he was ordered to leave, or from which he was removed, as the case may be.

[GA] (5) Any person who obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section, or who fails to comply with any lawful requirement of an authorised officer under this section, shall be guilty of an offence.

[GA] (6) In this section, "authorised officer" has the same meaning as in section 15 of the Act of 1950 (as amended by this Act).

Victor

Fey! wrote: »

Also, how can airport security force you to remove clothing/shoes (approaching xray)

The Airport Search Units are private contractors, they can't really force you to do anything, but they can deny you boarding the aircraft.

I presume if someone becomes obstreperous or has suspect possessions that the ASU hand people over direct people to the Garda.

sunnyjim

Fey! wrote: »

That is the singularly most condescending reply I have seen on boards to date, which really takes some doing.

Apologies but...

The post 8 above mine reads

I actually said the 8 posts above yours, ie most of the thread.

Seeing as you are so sure that the gardai could make me strip on the street to find a weapon (as opposed to a frisk on the street or a strip search in a cell), please point me to the relevant legislation. Even the gardai must have a reasonable reason to assume you have a weapon and therefore search you, where Airport Police don't seem to.

No one said strip on the street. I did go a bit overboard on you though, but comparing them to bouncers was just a bit ridiculous.

Fey!

sunnyjim wrote: »

Apologies but...
I actually said...

Fair enough.

The only reason that I mentioned the PSA is because they are now licensing and controlling all aspects of the security industry, from static gaurds and bouncers to alarm fitters and monitoring stations. They also cover security companies and security of companies.

In the case of airports, the airport police are paid by the airport authority, aren't they? I've always felt that the airport authorities have more in common with private companies then a state enterprise! Regardless, seeing as the airport police are neither Gardai or Army, and any non Garda/Army security in state buildings are covered by the PSA (security at Customs or Revenue offices, for example), surely the airport police fall under the same umbrella?

Alpha Papa

Hey Fey

In reference to your questions about whether the State Airport Police service would come under the remit of the PSA. They would not as they are not security guards. They are Authourised Officers for the Minister of Transport under section 15 of the Air Navigations & Transport Act 1950.

They have the same powers as a member of the AGS under this act and other acts such as Airport Bye laws and state airport act 2004 (powers to issue Fixed Penalty notices where introduced in this act) and to a more limited extent the CJA (Public Order) and (Theft and Fraud offences) acts to name a few.

They are the only licenced civilian organsation by the state except for the AGS and possibly Harbour Police to carry and use Handcuff (Restraints), Batons and Pava incapacitant spray both due to come on stream shortly.

After an arrest, if the Officer is required he/she will attend court as one of the states expert witness or professional witness at the request of the DPP/AGS again something a security guard would not be asked to do.

The APS has its own independent professional standards commitee within the DAA. The service is also indepently accessed by ICAO. ECAC and the Department of Transport.

Hope that explains why the APS would not come under the same umbrella as a private security company this is why they are State Airport Police with legislation, powers and training to support this and not like in other private Irish airports "airport security" etc.. that are just security personnel.

dermot_sheehan

I think section 3 of the Private Security Services Act 2004 sheds light on this

3.—(1) Without prejudice to sections 43 and 52, this Act does not apply to relevant persons or to—
(a) a member of the Garda Síochána,
(b) a member of the Defence Forces,
(c) a member of a company's harbour police within the meaning of section 54 of the Harbours Act 1996 ,
(d) an authorised officer, or authorised person, within the meaning of the Air Navigation and Transport Acts 1936 to 1998,
(e) an officer or employee of a Government department or State agency, or
(f) a person employed as apprentice by a person providing a security service,
while carrying out the duties of his or her office or employment or to a person employed as a resident caretaker who keeps property under surveillance only as an incidental part of the duties of his or her employment.

sdanseo

Victor wrote: »

The Airport Search Units are private contractors, they can't really force you to do anything, but they can deny you boarding the aircraft.

I presume if someone becomes obstreperous or has suspect possessions that the ASU hand people over direct people to the Garda.

The ASU are employed by the DAA just as Airport Police officers are. The only difference is they are not classed as authorised officers of the minister.