Criminalisation of Accidents

#1
Found this on 'The Goat',quite worrying.

http://www.e-goat.co.uk/forums/showthread.php?t=24143

I had an e-mail from the ALAE the other day about the criminalisation of aircraft accidents.

Click on the link and it will take you to the ALAE news page. Click on the link there and it will direct you to a PDF letter from a well known aviation solicitor.

Basically, there is an increase in criminilisation of people involved in the chain that leads to aircraft accidents an crashes.

With the advent of Mil part 145 on the doorstep, the letter is very relevant to all aircraft techies in the military.

It's something for all the low pay band AMMs in particular to think about.
http://www.alae.org/index.php?p=54&pp=0&i=103&title=Criminalisation_of_Accidents
 
#2
Spike, this has been mentioned before, and obviously another one from the "Good Ideas Club". From a Flight Safety point of view If the MOD go down this route our open culture with fault reporting and mishandling incidents would dry up almost overnight. We rely on everyones honesty and integrity to stay safe, if this happens then post accident/incident investigations will take forever due to the inevitable "clamming up" until your Lawyer arrives.
 
#4
rockhoppercrab said:
Why worrying, its always been that way. Why do you think the F700 is the first thing to get quarantined if an incident occurs.
To quarantine the paper work to 1, ensure it was serviced correctly and 2, to ensure it was signed for by the crew. Nowt to do with 'criminalising' but more to do with correct BOI procedure.

I fully agree with timex. Although I think the article is misleading. If a person is found to be grossly negligent (quite difficult to prove) then it may be considered a criminal offence already. No change there. I don't think we nned to worry too much.
 
#5
I'm with Flash, an accident is just that. If it is deemed an avoidable accident then the wheels are set into motion to ascertain if any criminal charges are appropriate. Although, along with the rest of us, I can not claim to whiter than white, as a general rule, if you follow the rules, you are going to be OK.
 
#6
The-Lord-Flasheart said:
rockhoppercrab said:
Why worrying, its always been that way. Why do you think the F700 is the first thing to get quarantined if an incident occurs.
To quarantine the paper work to 1, ensure it was serviced correctly and 2, to ensure it was signed for by the crew. Nowt to do with 'criminalising' but more to do with correct BOI procedure.

I fully agree with timex. Although I think the article is misleading. If a person is found to be grossly negligent (quite difficult to prove) then it may be considered a criminal offence already. No change there. I don't think we nned to worry too much.
And if not serviced correctly watch the tech charges fly. Have always been aware that any action causing death by negligence in the aviation trades carried the possibility of a manslaughter charge, whether military or civil aviation. Another non news event.
 
#7
I don't think this is anything new, since the repeal of Sect 6 (?) of the Crown Prosecution Act, when MoD employees lost Crown Immunity. I reckon the subject has cropped up again following recent Boards of Inquiry and Inquests, where MoD have been slated for driving a bus through their safety regulations.

Dannatt was banging on about this in January, calling for cases of gross negligence to be pursued. Down in the trenches this was construed as MoD having been given the heads up after the Nimrod fiasco that something must change.
 
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