Never
If you had read my posts on this you might understand my position on this.
Firstly my personal opinion is that this judgement is incorect. Primarily because although all the legislation that protects CVR data (for the reasons you state) allows under court orders for that data to be handed over, it should be in exceptional circumstances.
In this case as BALPA point out in their court statement, the Lord advocate has not given any exceptional reason, nor has he stated on what precise basis he neeeds it. This is a fishing expedition.
His sole reason seams to be that the police can compare witness statements against cvr evidence. This could apply in any accident or incident.
This is why I belive this will set a precident.
Secondly a just culture was never intended to protect those that deliberately commit act of gross negligence, read the jugement and you will see this point raised several times.
Thirdly if criminal acts have beeen committed the police or regulating authorities have a duty to investigate.
Fourthly I have never stated that the AAIB report should be used as evidence.
So if there is clear independent evidence of criminal activity then the authorities should pursue that, however if the police are intent on a fishing expedition with no evidence then that expedition should be denied them as long as possible.
As to should the pilots have to endure a long wait till the report is published, unfortunately yes.
The criminalisation of accidents is a bad move. It is very rare that someone goes out of their way to deliberately cause an accident or behave in a grossly negligent maner.
In summary this judgment whilst not giving the green light to whole scale criminalisation of accidents is I belive the start of that process.