Cap. 353 Art. 6Powers of the aircraft commander.

(1) If the commander of an aircraft in flight has reasonable grounds to believe in respect of any person that the person in question has committed, or is about to commit, on board the aircraft any criminal offence or has done or is about to do any act which jeopardizes or may jeopardize -

(a) the safety of the aircraft or of persons or property on board the aircraft; or

(b) good order and discipline on board the aircraft, then, subject to article 7, the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary -

(i) to protect the safety of the aircraft or of persons or property on board the aircraft; or

(ii) to maintain good order and discipline on board the aircraft; or

(iii) to enable the commander to deliver that person in accordance with article 7.

(2) Where the commander of the aircraft is entitled under subarticle (1) to restrain any person -

(a) any member of the crew of the aircraft or any other person on board the aircraft may -

(i) at the request or with the authority of the commander, render assistance in effecting the restraint;

(ii) without obtaining the authority of the necessary to protect the safety of the aircraft or of persons or property on board the aircraft; and

(b) any member of the crew shall, if the commander so requires, render such assistance as the commander may direct.

(3) Any member of the crew of an aircraft who wilfully and without reasonable cause fails to assist the commander of the aircraft in restraining any person when so required shall be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

(4) Whosoever refuses to follow a lawful instruction given by or on behalf of the commander, for the purpose of protecting the safety of the aircraft or of the persons or property therein, shall be liable to a fine (multa) not exceeding ten thousand euro (€10,000).

(5) An in-flight security officer deployed pursuant to an agreement or arrangement between Malta and any other Convention country may take reasonable preventive measures without the authority of the commander when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft or the persons therein from an act of unlawful interference and, if the said agreement or arrangement so provides, from the commission of an offence.