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Old 22nd Mar 2019, 15:19
  #266 (permalink)  
Air Snoop
 
Join Date: Feb 2015
Location: Hampshire
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Originally Posted by Treble one
Does anyone know what the restrictions around the use of the AAIB report/findings were in court please?
AAIB are tasked not to apportion blame or liability. The method of gathering evidence is not compatible with criminal investigation requirements and statements are not taken under PACE rules, and the conclusions reached are often based on the balance of probabilities. This may be acceptable in a Civil Court but in a criminal case it must be proved beyond reasonable doubt. The police do use AAIB reports as a guide as they have little expertise in aviation, but anything they wish to use in court must be independently proven. The AAIB Reports are, however, often used in inquests which have a similar purpose ie what-when-where-why and what can we recommend to stop it happening again.

Maybe a legal beagle can clarify this pilot view.
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