Short course/CPD
Legal Skills for Accident Investigators
Course date: 19 Nov 2012 - 23 Nov 2012
Course overview
The Cranfield Safety and Accident Investigation Centre is proud to offer a new course for transport accident investigators who may find themselves involved in the various legal processes including Coronial Inquiry, Public Inquiry, Fatal Accident Inquiry and both civil and criminal litigation. The course has been developed in close collaboration with qualified and experienced English lawyers, and the professional civil transport accident investigation community.
The aim is to provide an understanding of the role and responsibilities of transport accident investigators with respect to National and International legislation, ICAO International Standards and recommended Practices and other relevant legal processes and how they can report their findings and present their evidence effectively including at legal inquiries.
Accident investigators may work alongside many organisations in the investigation of incidents and accidents. They may be among the first to arrive at an accident scene and will retrieve, examine and investigate physical evidence, to take statements from witnesses and to prepare reports for a variety of legal fora.
They visit a wide range of locations where an accident has taken place such as open spaces, roads, railways and airports. The accidents investigated are varied and investigators have to collect evidence in a way that can be presented with confidence to the coroner, the public inquiry chairman or jury and judge of a court.
On successful completion of the module the student will be able to:
- Describe the role of the accident investigator within the international and national legal frameworks and how they interact with Coronial, Fatal Accident Inquiry, the Public Inquiry and other relevant legal processes.
- Define the role and responsibilities of the accident investigator as expert witness.
- Prepare notes and accident reports which can be used appropriately by parallel investigation processes.
- Develop the skills to present oral evidence in court effectively.
- Develop the skills to respond effectively to cross-examination.
Location
Cranfield University is located at the very heart of the UK – within the innovation triangle between London and the cities of Oxford and Cambridge.
Our central location provides easy access from the M1, excellent main line rail service as well as proximity to key international airports. Set in rolling countryside, Cranfield offers a rich, rural landscape complemented by thriving towns and picturesque villages.
- Road: We are just 10 minutes from Junctions 13 & 14 of the M1 motorway. There is free parking on campus.
- Rail: Milton Keynes or Bedford
- Air: London Luton (22 miles), Heathrow (50 miles) or Birmingham (70 miles).
Course fee:
£1,495
Accommodation fee:
£445
£480
Accommodation is on a full-board basis from the evening before the course commences until the afternoon of the last day. The course fee includes refreshments and lunch during the day. The accommodation fee includes all other meals. Details of accommodation will be provided in the delegate information pack.
Speakers
Presenters include
- David-Burrows Sutcliffe, Advocate and Solicitor
- Chris Dorries, Sheffield Coroner
- Olivier Ferrante, French BEA Investigator
- Tony Cable, Former Senior Engineering Inspector, Air Accidents Investigation Branch.
Course Directors
Professor Graham Braithwaite
T: +44 1234 754252
E: g.r.braithwaite@cranfield.ac.uk
Professor Dave King
Former Chief Inspector, Air Accidents Investigation Branch
E: d.king@cranfield.ac.uk
How to register
Further information
For more information on this course or booking details please contact:
Academic Operations Unit
T: + 44 (0) 1234 754192
E: shortcourse@cranfield.ac.uk
Course description
Who should attend?
Aircraft, rail and marine accident investigators working for government accident investigation agencies; military accident investigators; accident investigators working for operators, manufacturers, maintainers and regulators. Legal representatives and senior managers of operators, manufacturers, maintainers and regulators.
All lectures and workshops will be in English and due to the intensity of the course those without a thorough knowledge of English would be at a disadvantage. There are no formal qualifications for entry, but course numbers are limited and preference will be given to applicants best able to benefit fully from the course.
Course content
The course is interactive and the timetable includes lectures, workshops, case studies and includes the following elements:
- Standards, recommended practices, legislation and regulation with respect to transport accident investigation.
- International e.g. ICAO, IMO
- Regional e.g. ERA, EASA, EMSA
- National e.g. UK, France, USA, Australia
- Case studies of differences / challenges
- Role and legal responsibilities of the accident investigator
- Access to accident site
- Primacy on accident site
- Rights of participation
- Collection of evidence
- Continuity of evidence
- Evidence or information?
- Acts of deliberate criminality
- Dealing with confessions of possible criminality
- Protected evidence sources e.g. data recorders, interviews
- Contemporaneous notes
- Use of final report in legal processes
- Note taking and Statement writing
- Best practice in note taking/ logging
- Key differences between statements and reports
- Purpose of statements and reports
- Format
- Appropriate language
- Using appendices
- Using exhibits, photographs, diagrams and plans
- Following professional guidelines
- The importance of methodical investigation found or sourced facts
- How to set out qualifications and experience
- How to address the needs of the reader of the statements and reports
- Practical exercises including constructive feedback.
- The Coroner’s Court
- The Coroners and Justice Act 2009
- National variations
- The role and powers of the Coroner
- Use of a jury
- Timing of process
- Conduct of the process
- Article 2 Human Rights Act 1998 investigations
- Roles of the accident investigator (witness, advisor etc.)
- Presentation of evidence to an Inquest by investigator
- Case studies (Coroner’s perspective / investigator’s perspective)
- Fatal Accident Inquiries
- Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
- The roles and powers of the Sherriff / Procurator Fiscal
- Differences from Coronial system
- Presentation of evidence in Inquiry by investigator
- Case Studies; Chinook crash at Mull of Kintyre, Lockerbie air disaster
- Military legal processes
- Service Inquiry
- Membership
- Timing
- Powers
- Reporting
- Court Martial
- Membership
- Timing
- Powers
- Reporting
- Case studies (Different services as appropriate)
- Public Inquiries
- The UK System
- National variations
- Triggers for Public Inquiry or Royal Commission
- Role and powers of Chair / Commissioner
- Role of Advocates
- Presentation of evidence in Inquiry by investigator
- Conduct of the process
- Case Studies: e.g. Ladbroke Grove rail crash
- Civil litigation processes
- Overview of process
- Discovery of evidence
- Subpoena process
- Use of official accident reports
- Presentation of evidence in court by investigator
- Protection of witnesses / evidence
- Case studies
- Criminal litigation processes
- Overview of process
- Burden of proof
- Discovery of evidence
- Subpoena process
- Use of official accident reports
- Presentation of evidence in court by investigator
- Effect on accident investigation process / open reporting
- Corporate manslaughter
- Case studies
- Civil & criminal litigation processes
- How the adversarial and inquisitorial systems work
- The procedures, order of events and roles of participants
- How to give clear, honest and objective evidence
- How to make appropriate use of supporting evidence, documents and notes when giving evidence
- How to prepare for giving evidence
- Techniques used by lawyers in cross-examination
- Coroner’s Courts as a spring-board for litigation
- Role play of cross examination
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