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Old 15th Jul 2012, 17:57
  #87 (permalink)  
keithl
 
Join Date: Feb 2003
Location: Scotland
Age: 77
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That's OK Chug, how's the head?

Glojo, hope you've got some sleep. I don't think some folk here sleep at all, the responses are so quick! As the link didn't work, I'll cut-and-paste two passages from the AIB/CPS MoU. Note particularly the provisions against contamination of evidence.

First:
The public interest requires that safety considerations are of paramount
importance, the consequence of which may mean that the interests of an AIB
investigation have to take precedence over the criminal investigation.


Second:
3. Therefore, if notified of the CPS’s interest, the AIBs will make every effort to take into
account the needs of the CPS before undertaking any destructive testing of evidence.
This will include:
¸ giving notice before commencing any destructive testing;
¸ considering any reasonable representations the CPS may make as to the impact
such testing may have on their own investigation;
¸ permitting the police (or other investigating authority, as appropriate) to be
present during such testing and to take any reasonable records, photographs or
video recordings that they require (or alternatively, on receipt of a
request detailing the requirements, for the AIBs to make the records, photographs
or video on the investigating authority’s behalf); and
¸ making available to the CPS all factual records, and reports and analysis
provided on the tests by independent technical experts


There is more, it's not just about destructive testing. My point is that a workable framework exists. How can it be implemented in line with my Commission's recommendations?

Hope this clarifies.

Edited to add: The AIB/CPS MoU is dated October 2008. It doesn't include the MAAIB - when was that created?

Standing by...

Last edited by keithl; 15th Jul 2012 at 18:28.
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