Originally Posted by
Legalapproach
AAIB reports are admissible in Civil (ie liability) proceedings - as per Rogers v Hoyle
They are not admissible in criminal proceedings nor is the material obtained in the course of the AAIB investigation. It is annex 13 'protected' material. See also EU Regulation 996 0f 2010 Article 14 1(d) and Regulation 25 of The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018
The AAIB report was not used in evidence during the Shoreham trial
Thank you Legalapproach et al. As a prosecution barrister (say) how would you be able to 'get around this' if theres any way at all? After all, in this case, trying to prove negligence to get a conviction would be highly dependent on an analysis of the aerobatic manoeuvre, and how it was flown, incapacitated or not. Thats a seperate issue.