Criminal Law Legislation Update

AuthorJoanne Clough
Published date01 August 2018
Date01 August 2018
DOI10.1177/0022018318792938
Subject MatterLegislation Update
Legislation Update
Criminal Law Legislation
Update: As at 16 July 2018
Joanne Clough
Ulster University, UK
Primary Legislation
This Act, consisting of a mere four sections, creates new offences of shining or directing a laser beam
towards a vehicle or air traffic facility. The Act received Royal Assent on 10 May 2018 and applies to
England, Wales, Scotland and Northern Ireland.
Section 1(1) creates an offence for a person to shine or direct a laser beam towards a vehicle
which is moving or ready to move and, the laser beam dazzles, distracts, or is likely to dazzle or
distract a person with control of the vehicle. A vehicle will be considered to be ready to move if its
engine or motor is running (s. 1(6)). It is a defence to show that the person had a reasonable excuse
for shining or directing the laser beam, or that the person did not intend to shine or direct the beam
towards the vehicle, and they exercised all due diligence and took all reasonable precautions to
avoid doing so (s. 1(2)). The person must adduce sufficient evidence to raise the issue with respect
of the defence and the contrary must not be proven beyond reasonable doubt, if the defence is to
succeed (s. 1(3)). If summarily convicted, the person is liable to up to 12 months’ imprisonment, or
to a fine or both, and if convicted on indictment, to a period of up to five years’ imprisonment
(s.1(4)).InEngland,WalesandScotland,thissection comes into force at the end of two months
after Royal Assent (s. 4(3)). In Northern Ireland, the section only takes effect in respect of aircraft,
vessels, hovercraft and submarines on this same date. The Secretary of State will set a date in
respect of other vehicles (s. 4(4)).
Section 2(1) creates an offence for a person to shine or direct a laser beam towards an air traffic
facility, or towards a person providing air traffic services, and, the laser beam dazzles or distracts,
or is likely to dazzle or distract, a person providing air traffic services. An air traffic facility is ‘any
building, structure, vehicle or other place from which air traffic services are provided’ and air
traffic services has the same meaning as that in s. 98(1) Transport Act 2000 (s. 2 (6)). The same
defence is available as for the s. 1(1) offence (see s. 2(2)) and the burden of proof rema ins the same
(see s. 2(3)). This offence attracts up to twelve months’ imprisonment on summary conviction and
up to five years’ imprisonment if convicted on indictment (s. 2(4)). Section 2 comes into force in
all four countries, at the end of the period of two months beginning with the day on which this Act
is passed (s. 4(5)).
Section 3 contains the interpretation provisions. For the purposes of both offences, an aircraft is ‘any
vehicle used for travel by air’. A laser beam means ‘a beam of coherent light produced by a device of any
kind’. A vehicle is ‘any vehicle used for travel by land, water or air’. A vessel has the same meaning as
The Journal of Criminal Law
2018, Vol. 82(4) 279–281
ªThe Author(s) 2018
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0022018318792938
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