Drone Prosecution Solicitors

Berkeley Square Solicitors are leading London criminal defence lawyers, recognised for their expertise in defending drone offence allegations.

There has been a significant rise in prosecutions for air safety offences, including drone misuse prosecutions. It is vital to get legal advice from a solicitor experienced in this area as penalties can be severe.

Defending Drone Prosecutions

While it is not illegal to fly a drone in the UK there are strict rules about their use. Almost all drone operators are familiar with these. However, many choose not to abide by them. Some think the risk of prosecution or arrest is low as so many other drone operators also breach them. This is not always true.

Since the Gatwick Airport drone incident at the end of 2018 there are signs that that the police – at the instigation of the Civil Aviation Authority - are now cracking down on drone abuse particularly in no fly zones in the big cities. It is a serious criminal offence to recklessly endanger an aircraft through drone use and anyone arrested for operating a drone should take legal advice. The offence carries a maximum penalty of five years imprisonment although prison sentences are reserved for the most serious cases. Nonetheless, the reputational damage following a criminal conviction even where an accused avoids prison can also be far reaching.

Recklessly Endangering an Aircraft Offence

Legislators created the criminal offence of recklessly endangering an aircraft because of the potential for drones to interfere with other military and civilian aircraft in the same airspace with potentially disastrous consequences. The use of drones is governed by Articles 94, 95 and 241 of the Civilian Aviation Authority Air Navigation Order 2016 as amended by The Air Navigation (Amendment) Order 2020 which came into force on 31 December 2020.

Importantly, to bring a prosecution the authorities do not need to show that the drone usage actually endangered an aircraft. The current law around where you can fly your drone is based on the weight of the drone being used, the type of operation being carried out, the level of risk and the level of pilot competence.

The rules say that:

• The maximum flying height remains at 120 metres (400 ft) from the earth’s surface. (According to the CAA this is generally what is measured as the limit of normal, unaided sight).

• The maximum flying weight must not exceed 25kg (a slight increase from the previous 20kg limit).

• The pilot must maintain visual line of sight of the drone at all times, unless the necessary prior exemptions have been granted by the CAA.

• ​The drone must not be flown within any Flight Restriction Zone (“FRZ”), unless the necessary prior permission is granted – which are mapped on the CAA website ( https://dronesafe.uk/restrictions/ )

Breaching any of these regulations can lead to prosecution. Individuals also need not be caught in the act of flying a drone as BSQ’s Case Study shows. Proving an infringement can be easy – by for example accessing someone’s social media account if it depicts a drone flying in a NFZ or over 500m and the drone can be attributed to a particular individual.

The Drone Code

From December 2020 the rules regarding drones have changed. As of December 2020 drone users in the “open flying’ category (basic, low-risk flying) whether commercial or recreational must pass an online test and hold a Flyer-ID, and must register as a UAS operator, and display their Operator ID on their drone.

A full copy of the Drone Code can be accessed at www.dronesafe.uk

The code says that a drone operator is responsible for each flight and must:

1. Keep your drone in your line of sight

2. Stay below 400ft (120m)

3. You must follow the manufacturer's instructions

4. Keep your distance (50m from people and property, 150m from crowds of more than 1,000 persons, and built-up areas - defined as any area of a city, town or settlement which is substantially used for residential, industrial, commercial or recreational purposes).

5. Keep at least 1km away from aircraft, airports and airfields (soon to be 4.63km and even further at runway ends)

Additional rules apply for anyone using a drone for commercial operations (such as professional photographers) or higher risk usage. These recent amendments bring the ruls regarding drones in the UK closer in line with other countries such as the USA (drone users have to register with the FAA). More information is available on the CAA’s website.

Other Criminal Offences

Drone users should also be aware of the possibility that they may also face prosecution for battery should they intentionally or recklessly hit someone with your drone. someone else’s property a prosecution for criminal damage could also follow.

Recording and collecting images on a camera could also potentially trigger the General Data Protection Regulation rules on the collection of footage using a device – see the The Information Commissioner’s Office guidance

Repeated inappropriate drone usage which infringes another’s right to privacy could possibly amount to the offence of harassment.

BSQ Case Study – Civil Aviation AuBthority Threatens Crackdown on Illegal Drone Usage in Inner City Areas

BSQ’s extensive private criminal defence practice covers all aspects of criminal law including the prosecution of drone enthusiasts for breaches of the laws governing drone use set out in the Civilian Aviation Authority Air Navigation Order 2016. A recent BSQ case illustrates how the authorities are poised to crack down on drone pilots who blatantly flout the rules on drone usage. BSQ’s client D lived in a tower block in an inner-city area. D was a drone hobbyist and worked as a finance professional. D had been warned by the police on more than one occasion by the police about piloting his drone from the balcony of his flat in a no-fly zone. Not only did D ill-advisedly ignore these warning and persist in flying his drone but he also posted videos and photos from his drone on social media. These captured his drone flying above 400 feet in a no fly zone. D was consequently arrested and interviewed by the police after the Civil Aviation Authority reportedly took an interest in the case and put pressure on the police to prosecute D. Wanting to make an example of D to publicise as a deterrent to others the CAA approached the police investigating D’s case offering to underwrite the cost of his investigation and prosecution.

BSQ represented D when he was arrested at the police station. After making detailed representations to the police that D’s case should be diverted away from court the police agreed to issued D with a police caution. Despite the intervention of the CAA, D retains his good character. You can read more about our specialisation in defending individuals accused of illegal drone usage on our Defending Drone Prosecutions Page.

If you require advice and assistance in relation to a prosecution for alleged illegal drone usage please contact our London office.

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