ABSTRACT

This chapter highlights the common features of criminal activity throughout the world and in particular offences related to aviation activities i.e. offences likely to affect pilots, aircrew and aviation professionals mainly homicide and negligence. It provides awareness to aviation practitioners of the varying approaches taken by regulators, governments and the courts on the topic. It provides an overview of the criminal law and contrasts it with civil proceedings that is, proceedings that are 'non-criminal'. The approach by the ICAO with respect to aircraft accident investigation is such that the investigation of accidents should not be the basis or even the source of a prosecution action against aviation personnel. In this chapter, the procedure has been divided into the following stages: investigation, prosecution, bail, pre-trial proceedings, trial, juries and sentencing.