PPRuNe Forums - View Single Post - Judge rules crash black box should be handed over to police
Old 22nd Jun 2015, 11:56
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Flying Lawyer
 
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The ruling has not created a legal precedent binding upon other Judges. (Nor is it the first time that disclosure has been ordered, either in the UK or elsewhere.) Each application will be decided on its own merits, or lack of.
However, its importance should not be under-estimated because it will undoubtedly be relied upon in the UK, and perhaps in some other jurisdictions, as 'persuasive authority' in support of any future applications for disclosure.


What causes concern in some quarters is that the application was made by a prosecuting authority which, in legal jargon, is on a 'fishing expedition'. ie That the prosecuting authority/police are fishing for evidence to prosecute the pilot(s).
I have an opinion about that aspect but, for professional reasons, am not free to express it publicly.

(Edit)

I can say, as a general comment, that I share the widespread concern in some quarters (flight safety & aviation legal) about the increasing tendency in some countries to criminalise air accidents.

Very few prosecutions have resulted in convictions but, in terms of flight safety, that is not the issue.

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Last edited by Flying Lawyer; 22nd Jun 2015 at 12:32.
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