1
Q
Natural causes of Fire
A
Fire can be caused naturally by any combination of fuel, heat source and air. Factors include:
- Chemical reaction
- Sun’s rays
- Lightning
- Static electricity
- Rodents eating through wiring or building nests out of flammable material
- Spontaneous combustion and ignition of, for example, damp grain, hay or wool, cloth soaked in oil, turps or paint
2
Q
Power under Section 28, Fire Service Act 1975
A
The person in charge of the fire service is charged with the direction or operations at a fire under section 28, FSA 75. These powers confer right to:
- Enter private property when it is on fire, or when entry is essential to perform a necessary duty
- Close roads
- Remove vehicles impeding fire service, if necessary, can break into vehicles for that purpose
- Remove people in danger or interfering with operations, use reasonable force if necessary
- Do anything else that is reasonably necessary to protect life and property
3
Q
Use of Fire Service Powers by Police
A
- Police may exercise these powers if called upon to do so by the person in charge of the Fire Service
- Police have no right to exercise these powers just because they are present at the fire
4
Q
MOU between Police and Fire Service
A
- Ensure investigations of fire scene are efficiently coordinated, and expertly and independently conducted and,
- Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries
5
Q
Fire Service will notify Police if:
A
- A fire results in serious injury or death, or
- A fire is considered suspicious
6
Q
Fire Investigation Liaison Officer role:
A
- Attends every fire that results in serious injury or death
- Arrange Police attendance where required
- Coordinates fire investigations in their area or district
- Coordinate fire investigation training for Police employees in their area/district
- Provide other advice and expertise as required
7
Q
What is a Specialist Fire Investigator (SFI):
A
An SFI is employed by the fire service and typically possesses extensive experience in firefighting and fire safety. They have received specialised training and assessment in fire investigation techniques.
8
Q
Specialist Fire Investigator (SFI) will be called to attend and investigate:
A
- Fires where fatalities occur
- Fires where serious life-threatening fire related events occur
- Structure fires where the cause is suspicious or not determined
- Significant fire spread across property boundaries
- Fires in buildings where fire safety features have failed
- Any other fire, upon request from Police or other agency
9
Q
What is a Fire Service Investigation Liaison Officer (FSILO):
A
A staff member from the fire service. They are responsible for:
- Arranging specialist fire investigator attendance at scenes when requested by Police and
- Establishing and maintaining effective working relationships with Police FILO in respective Police areas
10
Q
What do the Specialist Fire Investigator and FILO discuss?
A
- Handover of the scene
- Access to the fire scene
- Process of examination and investigation
- Identification and collection of evidence at the fire scene
11
Q
Police responsibilities - At a fire scene examination and investigation, Police must:
A
- Conduct the criminal investigation or coronial enquiry
- Responsible for the protection, collection and recording of forensic evidence
- Collect and remove material from the fire crime scene
- Preservation, analysis and subsequent disposition of any such material
12
Q
Common methods of setting fires:
A
- Candles
- Chemical igniters: potassium permanganate, sugar and glycerine, potassium chlorate, sugar and sulphuric acid
- Molotov cocktails
- Matches and cigarettes
- Electric matches
- Electrical apparatus: bar heater facing a wall or furniture, an iron left flat on a surface
- Timing devices
13
Q
Carelessness that might result in a fire:
A
- Kids playing with matches or lighters
- Ironing
- Fireworks
- Smoking
- Leaving a stove or heater on
- Leaving cooking unattended
- Vagrants lighting fires for warmth that get out of control
14
Q
Evidence of wilful causes of fire:
A
- Evidence of accelerants
- Evidence of explosives
- Evidence of intentional interference
- Intentional removal of valuable property
15
Q
In determining the seat of a fire, the SFI will consider:
A
- Weather, wind direction and speed
- Witness reports
- The colour of the flames and smoke
- The direction of spread
16
Q
What to ask the ‘Incident Controller’ at the scene:
A
- Time and date the call was made and the manner it was received
- What appliance attended
- What state the fire was in when fire service arrived
- Whether they thought the fire was suspicious and if so, why?
17
Q
What conferences assist with and who attends:
A
- Identifying suspects
- Reconstructing a scene
- Assessing information obtained
- Planning further enquiries
- Establishing possible motives
- Attends: OC CIB, OC Investigation, Police Photographer, SOCO, Fingerprint Specialist
18
Q
Power of ‘Authorised Person’ in relation to land, building or structure (LBS) under Section 42(1), FSA 75:
A
- Enter any LBS
- Break into any building or structure that may be on fire or otherwise endangered
- Take or send any equipment or machine required into, through or upon any land, building or structure
- Remove from any LBS that is on fire or otherwise endangered, any flammable, combustible, explosive or dangerous material,
- Cause any building or structure that is on fire or otherwise endangered to be pulled down or shored up at the time of the emergency or within a reasonable time afterwards
19
Q
Protective Clothing that should be worn at scene:
A
- Helmet
- Nose and mouth filter
- Overalls
- Gloves
- Footwear with steel soles and caps
20
Q
People who should be interviewed:
A
- Owner/occupier of the house
- Person who last secured the house
- Person who set the alarm
- Bystanders
- People loitering
- Media
- Local Police
21
Q
Scene security considerations for Police:
A
- Control onlookers and property owners
- Avoid interference of the scene
- Preserve evidence
- Prevent looting
22
Q
Steps to follow in relation to an exhibit at a fire scene:
A
- Photograph in situ, label the exhibits and preserve them in containers
- Use approved arson kits if available, if not, use suitable containers
- Take control samples such as charred timber and debris from the seat of fire, any accelerant found near the scene, soil from the surrounding area
23
Q
The point of origin is the exact location in which:
A
- A component failed
- An accidental fire originated
- A malicious fire was lit
24
Q
At the conclusion of the examination, you will be able to determine:
A
- Seat of the fire (the area where the main body of the fire is located)
- Area of origin
- Point of origin
25
Where it is difficult to preserve the scene, the investigator must record the scene prior to demolition by:
- Photos
- Videos
- Sketch
- Plan
26
Preliminary internal examination:
- Missing family photos, personal items
- Open filing cabinets or missing files
- Building area in need of repair
- Signs of hardship
27
Detailed internal examination completed by SFI accompanied by Police:
- Damage to roofing timber
- Damage to wall studs
- Damage to window sills
- Damage to skirting boards
28
External examination takes into account:
- Yards and outbuilding of the fire affected property
- Adjoining premises which often reveal accelerant, attempts, forced entry, broken windows, forced doors
- What distance debris was scattered
- Nearby alleyways, streets, driveways
29
External examination - the surrounding area may also reveal:
- Accelerant containers
- Business appears to be struggling
- Content of building missing
- Property rundown
30
External examination - the damaged structure may reveal:
- Jimmy marks or other signs of forced entry
- Burn patterns above doors or windows
- Window glass broken before fire ignited
31
Conduct a preliminary interview with the owner. Find out:
- When the premises were last secured
- Whether they know the cause of the fire
- Details of any suspects and insurance
- Type of business
- Actions leading up to the fire
32
Characteristics caused by explosives:
- Cratering
- Overlays of dust
- Spread of debris
- Shedding of materials
- Shrapnel marks
33
Initial Action - Fire involving explosives:
- Do not handle or interfere with anything unfamiliar, it could be a second device
- Do not use cell phones, portable radios or transmitting devices
- Evacuate scene at least 100m, ensure people leaving take belongings with them
- Consider using explosive detector dog
- If IED is located, immediately obtain assistance of an IED operator from the Department of Labour
- Give regular sitreps to comms
34
Intentional Fires designed to look like accidents:
- Clothing on heaters
- Toaster with nearby curtains
- Leaving pot on stove element
- Tampering of electric urns, bread makers, water heaters, deep fryers and rice cookers
35
How to link a suspect to an arson:
- Burnt facial skin
- Products of combustion on skin
- Smell of smoke
- Residue of fuel
36
Suspect Enquiries - Step 1: You may identify the suspect by means of (MF-II-IO)
- Media response
- Fingerprints
- Information from informants and witnesses
- Intelligence office of FILO
37
Suspect Enquiries - Step 2: Possible suspects may include:
- The owner or occupier for insurance fraud
- An aggrieved person suffering from jealousy, hatred, rage or a desire for revenge
- A pyromaniac
- A business competitor to disadvantage a rival
38
Suspect Enquiries - Step 5: Complete enquiries to establish the suspects:
- Opportunity
- Motive
- Mens rea
- Connection with the scene and crime
- Character, mental background, history, movements and behaviour
39
Suspect Enquiries - Step 6: Consider a search warrant:
When executing a search warrant, search suspects:
- Residence, vehicle, workplace and clothing.
Evidence could include:
- Accelerant, containers, ignites and traces of debris.
40
What are the 4 'Beliefs of Claim of Right':
- Belief must actually be held by the defendant
- Belief must be held at the time of the conduct or act
- Beliefs in a proprietary or possessory right in the property
- Belief must be about the rights to the property in relation to which the alleged offence has been committed
41
Definition of 'Intent':
There must be an intention:
- To commit a deliberate act,
- To get a specific result
42
Intent Case Law - R v Collister:
Circumstantial evidence from which an offender's intent may be inferred can include:
- The offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
43
Reckless Case Law - Cameron v R:
Recklessness is established if the defendant recognised that there is a real possibility that his or her actions would bring about the proscribed result and the proscribed circumstances existed and having regard to that risk, those actions were unreasonable.
44
Reckless Case Law - R v Tipple:
A deliberate decision to run the risk
45
Without Claim of Right (Ingredient for Intentional Damage)
Claim of right: no belief in possessory or proprietary right to the property
46
Definition of 'Destroys' (Ingredient for Intentional Damage):
End the existence of (something) by damaging or attacking it
47
Definition of 'Damages' (Ingredient for Intentional Damage):
Physical harm that impairs the value, usefulness, or normal function of something
48
Definition of 'Property' (Ingredient for Intentional Damage):
Includes any real and personal property and any estate or interest and any debt, etc.
49
Damages by Fire (Ingredient in Danger to Life):
Burning or charring, does not need to be set alight
50
Damages by Fire case law - R v Archer:
Property if it suffers permanent or temporary harm, or permanent or temporary impairment to its use or value
51
Damages by means of explosive (Ingredient in Danger to Life):
A mixture or substance capable of decomposition at a rapid rate that results in explosion or produce a pyrotechnic effect. Includes gunpowder, gelignite, and detonator. Does not include firearms and fireworks.
52
Knowing: Simester & Brookbanks (Ingredient in Danger to Life):
Knowing means knowing or correctly believing. The belief must be a correct one.
53
Life (Ingredient in Danger to Life):
Must be someone else's life and must be human.
54
Subjective Test:
- What was the defendant thinking at the time?
- Did the defendant know that human life was likely to be endangered by his actions?
55
Objective Test:
- What would a reasonable person have thought in the same circumstances?
- Would a reasonable person have recognised the risk?
56
Proving an attempt:
The defendant must have progressed past the stage or mere preparation.
57
You can set fire to your own property, unless you:
- Intend to cause loss to someone else as a result of the fire
- Intend to obtain any benefit
- Know or ought to know that the fire will endanger life
- Know that the fire is likely to destroy or damage someone else's property
58
Arson - Danger to Life - Section and Ingredients:
Section 267(1)(a), CA 1961
- Intentionally OR Recklessly
- Damages by Fire OR Damages by means of explosive
- Any Property
- If he or she knows or ought to know that danger to life is likely to ensue
59
Arson - Immoveable Property, No Interest - Section and Ingredients:
Section 267(1)(b), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Damages by Fire OR Damages by means of explosive
- Any immovable property, vehicle, ship or aircraft
- In which that person has no interest
60
Arson - Immoveable Property, Interest - Section and Ingredients:
Section 267(1)(c), CA 1961
- Intentionally
- Damages by Fire OR Damages by means of explosive
- Any immovable property, vehicle, ship or aircraft
- With intent to obtain any benefit OR cause loss to any other person
61
Intentional Damage - Danger to Life - Section and Ingredients:
Section 269(1), CA 1961
- Intentionally OR Recklessly
- Destroys OR Damages
- Any Property
- If he or she knows OR ought to know that danger to life may ensue
62
Intentional Damage - Property, No Interest - Section and Ingredients:
Section 269(2)(a), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- In which that person has no interest
63
Intentional Damage - Property, Interest - Section and Ingredients:
Section 269(2)(b), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- With intent to obtain any benefit OR cause loss to any person
64
Section 44 (1), FENZ Act 2017 - Other powers of Authorised Person
- Shut off water from any main or pipe in order to obtain greater water pressure
- Shut off or disconnect the supply of gas, fuel, oil or electricity to any building on fire or in the vicinity
- Close any road or railway in the vicinity of the fire
- Remove any vehicle impeding and use force to break in if necessary
- Remove any person who is interfering with operations or is in danger
- Do all the necessary things to preserve life and prevent damage to property and land
65
What is a fire?
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Arson
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