ABSTRACT

This chapter considers the approach of the judiciary in the investigation following an aviation accident and possible conflict with the technical investigation, considering the different aims and objectives of the two investigations, namely judicial and technical investigations. In addition, it examines the methodology and approach of these investigations towards the analysis and use of evidence and data gathered during the investigation in fulfilling their respective but conflicting purposes, which, as illustrates, ultimately result in an intermingling of the two investigations. In cases where the technical and judicial investigation run in parallel tension between the two may arise; however, in some countries, such as the UK, the two investigations have been conducted in parallel within a spirit of understanding and co-operation. Countries such as France provide for concurrent technical and judicial investigation, whilst others have judicial, military or other inquiries which are not the norm.