Further to the answer to question S2W-21768 by Colin Boyd QC on 13 January 2006, whether it would consider any flight which was found to be…

The question whether an aircraft is a civil aircraft will depend on the application of domestic and, so far as relevant, international law to the particular facts. The Chicago Convention of 1944 on International Civil Aviation applies only to civil and not to state aircraft, which are described as aircraft used in military, customs and police services. Section 92 of the Civil Aviation Act 1982 defines “military aircraft” as an aircraft of the naval, military or air forces of any country, or any other aircraft in respect of which there is in force a certificate issued by the Secretary of State in accordance with any Order in Council in force under the act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft. Civil aviation is a reserved matter.