CAA Investigation!
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Welcome back BM, after your last PM I thought you’d decided to depart permanently from the “dreamers, schemers and wa*****s” at Prune. Evidently I was mistaken in assuming that you would actually do what you said you were going to do, how silly of me, some people never learn do they?. Good to see though that you can use your past experiences with the boys in blue for the benefit of the aviation community at large, I’d have to admit that Moss probably wasn’t an aviation expert but then I thought he was Fraud not CID?
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1. Firstly you need to send your log book and licences to the investigating officer as requested - failure to do so is itself an offence. Their standard letter asks for them to be provided or made available for inspection.
I would send the documents or copies if they have given you that option.
2. Next get a solicitor. You will need one if the CAA ask to interview you or for you to make a written statement. A solicitor will ensure that this is done properly and that the CAA make proper disclosure to you before you commit yourself. Disclosure is copies of the witness statements etc against you.
If you are a member of AOPA or BALPA they may be able to help you with legal advice. If not, a you need a solicitor who is familiar with this aspect of aviation law or at least criminal law.
3. DO NOT tell them to F off or get difficult with the investigating officer. If you do you will fail the attitude test and make a prosecution more likely. Polite but firm is OK but not bolshie.
I would further suggest that you sit down now whilst events are still relatively fresh and write down everything you remember about the flight, get copies of the photographs that you took, plot the route on a map etc. and keep the material together for later use.
Oh, and you cannot be sent to prison for a breach of rule 5 - maximum sentence is a fine - level 4 on the standard scale £2,500.
Legal
I would send the documents or copies if they have given you that option.
2. Next get a solicitor. You will need one if the CAA ask to interview you or for you to make a written statement. A solicitor will ensure that this is done properly and that the CAA make proper disclosure to you before you commit yourself. Disclosure is copies of the witness statements etc against you.
If you are a member of AOPA or BALPA they may be able to help you with legal advice. If not, a you need a solicitor who is familiar with this aspect of aviation law or at least criminal law.
3. DO NOT tell them to F off or get difficult with the investigating officer. If you do you will fail the attitude test and make a prosecution more likely. Polite but firm is OK but not bolshie.
I would further suggest that you sit down now whilst events are still relatively fresh and write down everything you remember about the flight, get copies of the photographs that you took, plot the route on a map etc. and keep the material together for later use.
Oh, and you cannot be sent to prison for a breach of rule 5 - maximum sentence is a fine - level 4 on the standard scale £2,500.
Legal
Last edited by Legalapproach; 21st Jun 2010 at 17:25.
I was always under the impression that an accused person does not have to say anything once accused of an offence, and cannot be forced to supply a statement. That was what the basis of what the caution when arrested was all about, 'you are not obliged to say anything etc etc'
The law in the UK is, the prosecution has to prove your guilt, you do not have to prove your innocence, so be careful what you say.
Of course saying nothing may be seen to imply guilt, but do not feel pressured to say somthing that may be misconstrued.
Perhaps some of our 'professional ' legal fliers can advise you on this.
The law in the UK is, the prosecution has to prove your guilt, you do not have to prove your innocence, so be careful what you say.
Of course saying nothing may be seen to imply guilt, but do not feel pressured to say somthing that may be misconstrued.
Perhaps some of our 'professional ' legal fliers can advise you on this.
bingofuel The 'short' caution changed ages ago. It is now "You do not have to say anything but it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you say may be given in evidence". "Qui tacit consentire" reigns, it seems, especially if the usual proviso "ubi loqui debuit ac potuit" is added*.
* i.e. (roughly), "he who remains silent gives consent, when he ought to have spoken and was able to."
* i.e. (roughly), "he who remains silent gives consent, when he ought to have spoken and was able to."
Last edited by Sepp; 21st Jun 2010 at 18:19. Reason: I'll get the spelling right, one day!
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Bingofuel
Which is why I suggested that a solicitor would ensure that an interview was done properly. See my paragraph "2"
If you have a good explanation then there is more than a lot to be said for giving it to the authorities at the first opportunity. On the other hand there are occasions when the less said the better. Depends on the circs and the evidence.
Which is why I suggested that a solicitor would ensure that an interview was done properly. See my paragraph "2"
If you have a good explanation then there is more than a lot to be said for giving it to the authorities at the first opportunity. On the other hand there are occasions when the less said the better. Depends on the circs and the evidence.
I agree with both above posts, and maybe I was a bit brief. What I was trying to say was, if you give a statement keep it concise and factual. Perhaps my post proves the point, things can be interpreted differently by people. Certainly do not be obstructive, but be wary in offering more than concise answers and do not be drawn into the essay answer. Beware the long pause, a tactic which invaribly is used to make someone uncomfortable and start talking again.
bingofuel Apologies if I posted on the fly - I didn't mean it to be in any way confrontational (is that even a word? lol) Fwiw, I agree 100% with what you advise, especially the last sentence. 
And for Gawd's sake, mrferrypilot - say nothing without a legal rep present!
And for Gawd's sake, mrferrypilot - say nothing without a legal rep present!
data loggers
Altitude data loggers are available (baro pressure) which log automatically log date/time and data. Various versions from different suppliers. I use this one in testing along with some of their accelerometers along with other manufacturers products. Unpressurised, they accurately can determine altitude.
GCDC B1100-1 Barometric Pressure Data Logger
with a GPS logger, these would be fairly handy in future photo ops at least to get rid of the stress of nonsense accusations.
GPS alt is so so stand alone, but better than nothing.
GCDC B1100-1 Barometric Pressure Data Logger
with a GPS logger, these would be fairly handy in future photo ops at least to get rid of the stress of nonsense accusations.
GPS alt is so so stand alone, but better than nothing.
