Can you go to prison for using a Drone?

The UK has seen a rise on the use of Drones for both fun and commercial use. However as a result of new laws being brought in, people found flying drones above 400ft and within a kilometre of airport boundaries, could find themselves being charged with a criminal offence.

Anyone found breaking the law could be charged with an offence of recklessly or negligently acting in a manner likely to endanger an aircraft or any person in aircraft. The offence carries a sentencing range of an unlimited fine, up to five years in prison or both.

There are further laws which are due to be enforced in November 2019:

• Drones weighing over 250g will need to be formally registered with the CAA
• Drone pilots must be able to present their registration documents if requested to do so by the police.
• Drone pilots will be required to take a drone safety test before they’re allowed to fly
• Drone users will be told to use apps to plan their flights, to make sure that they are not entering unsafe or no-fly zones

Following a steady rise in reports of incidents involving aircraft, the government says the new stop-gap laws are intended to enhance safety.

The number of aircraft incidents and near-misses involving drones has rocketed over the last few years, from zero in 2013 to almost 100 in 2017. The UK Airprox Board assesses incidents involving drones and keeps a log of all reports.

Police are also expected to be awarded more power when it comes to the use of drones, it is anticipated that the police will be able to have the power to seize drones if they believe it is being flown inappropriately or dangerously.

At Emery Johnson Astills we offer 24 hour police station advice and representation. Police Station advice is available to everyone free of charge and legal aid may be available for your case at the Magistrates’ and Crown Court. We will of course discuss all options and alternatives with you.

To discuss any criminal offences please contact the Criminal Defence Team at Emery Johnson Astills in Leicester on 0116 2554855 or in Loughborough on 01509 610312.