FlyerTalk Forums - View Single Post - So what is a lawful crew command?
View Single Post
Old Dec 7, 2013 | 7:30 pm
  #40  
Jenbel
A FlyerTalk Posting Legend
10 Countries Visited20 Countries Visited30 Countries Visited20 Years on Site
 
Join Date: Oct 2002
Location: back to my roots in Scotland!
Programs: Tamsin - what else is there to say?
Posts: 47,843
Originally Posted by BAAZ
I'm not a lawyer, but my understanding was always that a "lawful command" was a command that, if obeyed, did not cause the person in question to break the law. So for example the Captain could not lawfully command me to injure a fellow passenger (unless acting in self defence etc). But he could command me to stop drinking champagne, and such a command would be lawful, because in obeying the command I wouldn't be breaking the law.

I also understand that the Captain gives authority to the cabin crew to issue lawful commands on his behalf.
I also believed though there was an issue of proportionality about it as well though.

In other words, the captain could not order me to strip naked for example without a bloody good reason even though that would not be a breach of any laws (except perhaps good taste ). Of course, to establish that in law, you'd need to be prosecuted under the ANO for failing to follow a lawful command that for that to be found not a lawful command (i.e. you found not guilty).

Really interesting post sigwx
Jenbel is offline