Sussex Police v Secretary of State for Transport & Anor

Sussex Police v Secretary of State for Transport & Anor

Disclosure of AAIB statements by the pilot is refused due to chilling effect and unfairness from compelled interviews; disclosure of voluntary film footage is granted as the balance of interests favors police investigation; disclosure of other materials (experiments, tests, engineering reports) is refused as police can independently investigate and relevant reports will be published.

Parties
Claimant: Chief Constable of Sussex Police; First Defendant: Secretary of State for Transport; Second Defendant: British Airline Pilots Association
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Application for Disclosure Under Regulation 18 of the Civil Aviation (investigation of Air Accidents and Incidents) Regulations 1996 / Judgment on Application
Outcome
Application for disclosure granted in part; refused in part.
Legal Topics
Disclosure of Protected Records, Balancing Public Interest, International Aviation Treaties, Police Investigation Procedures
Administrative Law Aviation Law Criminal Law Disclosure of Protected Records Balancing Public Interest International Aviation Treaties Police Investigation Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Chief Constable of Sussex Police

Claimant

Secretary of State for Transport

First Defendant

British Airline Pilots Association

Second Defendant

Procedural Posture

Application for Disclosure Under Regulation 18 of the Civil Aviation (investigation of Air Accidents and Incidents) Regulations 1996 / Judgment on Application

Legal Issues

  1. 1 Whether disclosure of protected AAIB records should be ordered under Regulation 18
  2. 2 Balancing interests of justice against adverse impact on safety investigations
  3. 3 Applicability of PACE criteria to Regulation 18 applications

Ratio Decidendi

Disclosure of AAIB statements by the pilot is refused due to chilling effect and unfairness from compelled interviews; disclosure of voluntary film footage is granted as the balance of interests favors police investigation; disclosure of other materials (experiments, tests, engineering reports) is refused as police can independently investigate and relevant reports will be published.

Court Disposition

Application for disclosure granted in part; refused in part.

Orders

  • Disclosure of film footage from within the aircraft to the Chief Constable of Sussex for criminal investigation purposes, subject to specified confidentiality conditions.
  • Disclosure refused for AAIB statements by Andrew Hill, test flight reports, and engineering reports.