Flying Lawyer, thank you for your erudite responses.
As a former professional sailor and current professional pilot, I have had at the back of my mind in this discussion the manslaughter trial of Michael Hubble, Officer of the Watch on the Pride of Bilbao regarding the crew of the yacht Ouzo.
In that case, the MAIB were of the "firm opinion" that the Pride of Bilbao had been involved in a close encounter with the Ouzo, and it was following the publication of their report that the prosecution was undertaken my the MCA (the maritime version of the CAA) enforcement branch.
That case (in my view rightly but for different reasons) resulted in an acquittal, as I suspect would any criminal case based on this accident.
Like ShyTorque, in any accident where criminal liability might come into play, I would seek legal advice before any interview with the AAIB.
Also relevant, but in a different jurisdiction (and in this case contested by BALPA) is the Scottish police investigation into the crash of G-WNSB on approach to Sumburgh.
Fundamentally, unless there is clear evidence of negligence I do not view the criminal courts as an appropriate avenue for restitution following fatal accidents.