012 Flashcards
When must the fire service report a fire to police?
.
When a fire service attend a fire that results in: Serious Injury (Or) Death (Or) Fire service consider suspicious
What should you look for at a scene involving explosives?
COSSSS Cratering Overlay of dust Spread of debris Smell particular to exploded material (almonds) Shredding of material Shrapnel marks
What enquiries should you carry out with insurance companies following a fire?
(PICTD)
To contact and promptly obtain: (PICTD)
Particulars of the insurance – (Premises and contents)
Info on any prior claims
Copies of policies
The service of assessor – (value of building and damage)
Details of any recent increases in cover
(These may indicate motive)
(Insurance Council NZ can provide information if suspected that building is insured by multiple companies)
Initial action: First people to interview?
1 Briefly interview INFORMANT do not overlook they maybe offender
2 Initial interview of FIRE SERVICE INSPECTOR if present or OC FIRST FIRE APPLIANCE to attend
3 THE INCIDENT CONTROLLER at scene
When speaking to fire incident controller what must you ask them?
FAMASSIVE
F Fire state - what was the state of the fire on arrival
A Appliances - Which appliances attended
M Manner – Time, date & manner of the call received
A Alterations to the scene – forced windows/doors
S Security – what information does the Fire Service have on the building
S Suspicious – is the fire suspicious and why
I Informant – what is the Fire Services opinion of the informant
V Vehicle or people – details of vehicles or people acting suspiciously in the area
E Entered – what actions have the fire service done, particularly in entering & venting the building after the fire
Under which circumstances can a person be held criminally liable for recklessness with regard to fires?
(When are you not legally allowed to set fires)
If they know or ought to know that danger to life is likely to ensure
If they have NO INTEREST in the property destroyed
If they know that the fire is likely to Damage or Destroy someone else’s property as a consequence.
Guarding and controlling the scene?
Fire extinguished & attending police be aware of
(WOOD PILE)
(Attending police be aware of)
W Watch – Be vigilant & watch for suspects
O Onlookers – Locate witnesses among onlookers & passersby
O O/C Investigation – Report all matters of significance to the O/C Investigation and/or scene coordinator
D Damage – Prevent further fire damage from hot spots. Be aware of re ignition from hot spots.
P Preserve - Evidence/exhibits
I Interfering – Avoid interfering with the scene
L Looting – Prevent looting
E Exclude – Exclude & control onlookers, property owners & other interested parties
What 8 initial action steps must you take when dealing with fires not involving explosives?
(IS FISH PC)
1) Informant – Briefly interview informant (Consider if offender)
2) Scene – secured and controlled
3) Fire Investigator – Initial interview of Specialist Fire Investigator or O/C of the first appliance to attend
4) Incident controller – Interview the incident controller at the scene
5) Safety of the scene – Is the fire extinguished? Safety of the scene – conference with scene fire inspector + police (prelim exam)
6) Hold a briefing conference – Regroup and hold a briefing if deemed suspicious
7) Plan of action – Deploy staff – guard control scene – ID & interview witnesses – Conduct area enquires.
8) Contact Comm’s – SITREP – Assistance and specialists (Photos, fingerprints, SOCO)
What should be done following a scene examination conference?
Record all decisions and why they were made
All considerations must be documented with a detailed Plan of Action completed that has been agreed upon.
A risk assessment must be documented and relayed to all persons present.
(Both Moral and legal obligation for the safety of all person at the scene)
With regard to fire scene safety, in order to identify the best method of protection, you must consider?
An assessment of all hazards present at the scene.
Eg, inhaling toxic substances
Cuts / wounds on sharp objects
Tripping on fire debris
Objects falling from above
A strategy to prevent an occurrence from happening or mitigate its impact.
When preserving a fire scene, what THREE steps should be taken by a scene guard on arrival?
1) ID the centre of the scene
2) Set boundaries and tape off the scene, located most obvious evidence furthers away from the scene
3) In larger scenes natural boundaries could be used to dictate zones.
What is the legislation around providing explosives to commit an offence?
Providing explosives to commit an offence
Section 272 Crimes Act 1961
Not exceeding 2 years imprisonment
Knowingly has in his or her possession
Or makes any explosive substance
Or any dangerous engine, instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument or Thing.
To commit an offence
Definitions ‘Interest’?
Interest in not defined by legislation,
However the courts have held that tenancy of a property constitutes as an interest in it.
When conducting a prelim internal exam of a fire scene, where should you start?
The area of the least damage, working towards the area of the most damage
Definition: Intent?
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.
What is a clean path method when identifying explosives?
When a path is created to the centre of the scene by rolling clean unused rolls of plastic or using stepping plates
AND, having an analyst immediately start swabbing the area working outwards from the seat.
VERTICAL sheets of iron adjacent are often good sources of residue.
Why would a clean path method be used?
Why would it be used?
Used for explosive scenes as residues are often slight and dissipate rapidly.
OC Scene may need to authorise an expert to enter the centre of the scene before it has been fully examined.
Definition: And without claim of right
Sec 2 Crimes Act 1961
In relation to any act
Means a belief at the time of the act
In a proprietary and possessory right to property
In relation to which the alleged offence to have been committed
Although that belief may be based on ignorance
Or Mistake of fact
Or any matter of law
Other the enactment against which the
Offence is alleged to have been committed
Definition: Damages by Fire
and case law
Although fire damage will often involve ‘burning or charring’
It is not necessary for the actual property to be set alight:
Melting/blistering of paint or significant smoke damage may be sufficient
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm ‘or’
Permanent or temporary impairment of its use or value.
Definition: Explosive
Section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Included gun powder, gelignite, detonators.
DOES NOT include: Firearms and fireworks
Definition: Immovable property
Property that is currently fixed in place and unable to be moved,
Even though it may be possible to make it moveable.
Definition: Property
Section 2 Crimes Act 1961
Property includes any real or personal property and,
Any estate or interest in any real or personal property,
Money, electricity and any debt,
And anything that is in action
And any other right or interest
Definition: Vehicle
Sec 2 LTA 1998
Vehicle:
Contrivance equipped with wheels, tracks and revolving runners on which it moves or is moved
Definition: Ship
Sec 2, Crimes Act 1961
Ship:
Vessel used in navigation, however propelled
Definition: Aircraft
Sec 2 Civil Aviation Act 1990
Aircraft:
Any machine that can derive support in the atmosphere from the reactions of air.
Definition: Ought to know that danger to like is likely to ensue
Life in this context means human life,
AND the danger must be to the life of someone other than the defendant.
Definition: Recklessly
Reckless means the conscious and deliberate taking of an unjustified risk.
In NZ it involves proof that the consequences complained of could have well happened,
Together with an intention to continue the course of conduct regardless of the risk.
R v Harney
Definition: If he or she knows
Knowing means knowing or correctly believing.
The defendant may believe something wrongly, but cannot know something that is false.
Simester and Brookbanks ‘Principles of Criminal law’
Definition: Obtain
Sec 217, Crimes Act 1961
Obtain
Means to obtain or retain for himself, herself or any other person
Sec 217, Crimes Act 1961
Definition: Benefit
(Section 267(4) Crimes Act 1961)
Benefit
Any benefit, pecuniary advantage, valuable consideration, property, service or privilege
Definition: ‘R v Morley’
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
R v Morley
Definition: Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Definition of ‘Reckless disregard’
It must be proved that the offender intended to damage the property,
Recognising that there was a risk of damaging other property,
But proceeded regardless of the risk.
Definition: ‘R v Harpur’
[The Court may] have regard to the conduct viewed cumulatively
Up to the point when the conduct in question stops.
The defendants conduct may be viewed in it’s entirely.
Considering how much remains to be done is always relevant
Though not determinative.
R v Harpur
Materials used to start a fire?
- Candles
- Chemicals
- Electrical apparatus
- Molotov cocktails
- Matches/ cigarettes
- Matches – Electronic
When careless might result in fire? (5 examples)
- Welding
- Ironing
- Burning rubbish
- Smoking
- Fireworks
- Children playing with matches
- Misusing electricity
The fire service specialist fire investigator will liaise with the Police fire investigator in relation to 4 specific matters?
(HAPI) • Handover of fire scene • Access of fire scene • Process of examination / investigation • ID & Collection of evidence
Determining Seat of the fire, fire safety officer (FSO) will consider?
(WWW SS CD PR)
• Witness reports
• When first noticed the fire – where they were at the time
• Wind direction or the spread
- State of fire at the time
- Severity of the damage
- Colour of the flames / smoke
- Depth of charring
- Presence of starting device
- Reports and opinions of other specialists
Fire Service Powers and legislation?
Section 28 Fire Service Act 1975
ENTER – Private property if on fire or endangered or it is
essential to preform necessary duty.
CLOSE – Roads
REMOVE – Vehicles impeding fire service
REMOVE – People in danger, interfering with Fire Service
Operations, Using force if necessary.
The insurance company will act as the owner of the property
• If a claim has been made (or) if insurance cover is applicable.
Purpose of a conference?
3
1) Forms the Basis for the scene examination
2) Risk assessment planning
3) So a detailed Plan of Action can be agreed upon
External Exam
5
(ANY PD S)
1) Adjoining Premises
a) Accelerant containers
b) Attempts forced entry
c) Broken windows
d) Forced doors
2) Nearby Alleyways / streets / Driveways
3) Yards and buildings of fire effected property
4) Periphery of the structure itself
5) Distance debris were scattered, practically if drums, cylinders have exploded
External exam may reveal…
(ABCP) Accelerant containers Business appears to be struggling Contents of out buildings missing Property run down
Prelim internal exam
(SOUPS BOMB LL)
Signs of hardship
Owner / occupier attitude during walkthrough
Unusual odours
Presence of accelerant containers or trails
Separate unrelated seats of fire
Burn patterns
Open filing cabinets / files missing
Missing family photos / personal items
Building in need of repairs
Lack of clothing in wardrobe
Low Stock
Detailed internal exam
(SSS DDD F’SURE)
S Smoke deposits & burn patterns
S Soot deposits on windows / glass
S Spalling
D Damage to wall studs
D Damage to roofing timbers
D Damage to window sills / door edges
F Floor areas burnt through S Skirting board damage U Under floor inspection R Removal of fire debris & underfloor inspection E Elimination of false low burns
Who attends conferences?
7
- OC CIB
- OC Investigation
- Police Photographer
- Police SOCO + Fingerprints
- Police investigation officers
- Fire investigator
- Fire Investigation Liaison Officer
Following a conference, you should then?
- Appoint Exhibits Officer
- Appoint Crimes Scene Coordinator (if required)
- Advise Fire investigation liaison officer
- Appoint Scene Examiner
- Appoint a scribe
At the conclusion of the examination the fire investigator will be able to determine?
1) Area of Origin
2) Point of Origin
3) The SEAT of the fire
Describe exhibit handling?
- Photograph in Situ, label and preserve exhibits
- Use Approved Arson Kits or Suitable Containers
- Take control samples:
• Charred timber, ashes from seat of fire. Examine and compare with samples from other parts
• Any accelerants found near scene
• Soil from surrounding area.
What are the 5 modes of offending?
- Modus operandi (MO)
- Motive
- Intent
- Opportunity
- Capability
Suspect enquiries in respect of fires not involving explosives
1) You may identify suspects by means of:
(FIRM REC)
F Fingerprints
I Information from informants and witnesses
R Regularly - Information from fire crews on people who regularly attend fires
M Media response
R Resources – Police resources eg. Intel, Youth Aid
E Enquiries at penal institutions, psychiatric hospitals, rehab centres and school
C Circumstances of the fire
Possible suspects may include:
- Owner / occupier insurance Fraud
- Employee to cover-up theft / fraud
- Criminal – Cover traces of crime
- Pyromaniac suffering mental illness
- an aggrieved person suffering jealousy
Investigate suspects (thoroughly and according to priority)
- Full particulars
- Criminal history + associates
- Vehicles they have access to
- Associates
- Photograph
Possible motives?
Profit Fraud Jealousy Crime Concealment Excitement Vandalism Pyromaniac
Conferences must be held during the scene examination to assist with?
(5)
(I REAP)
1) ID Suspects
2) Reconstructing
3) Establishing Possible Motives
4) Assessing information obtained
5) Planning further enquires
Points of origin
In the exact location where …?
(MAC)
A Malicious fire was started
An Accidental fire originated
A Component Failed
Fire personal to interview at scene?
5
OC First attending appliance Fire Incident Controller Fire Fighters Fire safety Officer Fire investigation coordinator
Questions to ask the owner..?
When premises was last secured Whether they know the cause of the fire Details of insurance Any suspects Type of business Actions leading up to the fire
Definition: ‘R v Hallam’
Must be proved that the offender knowingly had the substance in his possession and that it was an explosive substance.
R v Hallam
Difference between Gas Explosion and somebody setting of an explosion?
Explosions caused by gas generally cover a wider area and also don’t leave a crater than those caused by an explosive.
Medical evidence in relation to gas inhaled can be present.
Fire Involving Explosives
Initial action
(SPED IS)
S Secondary device – Remember that there could be a secondary device anywhere at the scene, including a nearby building or vehicle. Do not touch anything unfamiliar
P Portables – Do not use cell phones, portables etc.
E Evacuate – Evacuate the scene to a distance of 100 meters
D Department of Labour – If an IED located immediately obtain assistance of an IED operator from the Department of Labour
I Inform – Inform the National Bomb Data Centre at PNHQ, using the ‘Bomb/Explosives/IED Report’ form
S Sitreps – Give the National Data Bomb Squad regular sitreps
What do fire officers/ investigators look for in damage?
- Soot
- Smoke Damage
- Decomposition of property
Things to suggest fire was started wilfully?
Accelerants:
- Evidence of accelerants, uneven burning
- Smell of petrol or chemicals
Furniture:
- Furniture rearranged to create fire base
- Hindering access
- intentional removal of valuable property
Fire:
- Multiple seats
- Uneven burning
- Unusual rapid spread
Building:
- Windows / skylights left open for draught
- Heater, soldering iron, other electrical appliance left on
- Crime had been committed
- Evidence of tampering with smoke/sprinkler system
What effect does fire have on Timber, Steel, Concrete and Masonry?
Timber
Will normally burn and char. In most instances if thick enough, it will maintain sufficient integrity
Steel
Initial stages of a fire, unprotected steel will expand causing external and internal walls to be pushed out. However, if there is sufficient fuel unprotected steel will lose strength and collapse, pulling walls inwardly.
Concrete
Concrete can break away at the surface (spalling) and also collapse. Steel reinforcing may be exposed and lose its tensile strength.
Masonry
Can be weakened by deterioration of the mortar. Expansion and cracking of walls or damage to structural members.
When executing the warrant, what should you look for?
• Accelerants • Containers • Igniters • Wick fabric • Traces of debris from the scene . Note suspects explanation for evidence • Photograph evidence in situ before it is seized (take care not to destroy any fingerprints) • Issue a Police 268 for any property seized
Common electrical ignition sources and techniques?
- Heaters and clothing
- Electric lamp and petrol igniters
- Ignition of the main switchboard wiring by use of a gas torch applied to the earth or neutral bars
- “Fallen” table or standard lamp in conjunction with combustible materials
- Toaster with nearby curtains
- Leaving a pot of stew on a stove element
- Ceiling exhaust fans
The police responsibilities at a fire scene and investigation are?
- Conduct the criminal investigation or coronial enquiry
- Undertake responsibility for the protection, collection and recording of forensic evidence
- The collection and removal of material from a fire crime scene will only be done by police or other agencies with the authority to remove evidence
- The preservation, analysis and subsequent disposition of any material is the responsibility of police or other agency
R v Collister
The offenders intent can be inferred in the circumstances
Circumstantial evidence from which an offenders intent can be inferred
- Offenders actions and words, before during and after the event
- Surrounding circumstances
- the nature of the act itself
Other then fire staff, who else to interview?
- Person who last secured the property
- Owner/Occupier
- Person who discovered fire
- Informant
Complete enquires to establish suspects
CCOMM
- Connection with scene and crime
- Character, mental background, history, movements and behaviour
- Opportunity
- Motive
- Mens rea
Signs suspect has been at scene
- Burnt facial hair
- Smell of smoke
- Residue of fuel on skin
- Soot on themselves or clothing
K9 suspect and obtain
- Fingerprints
- Photograph
- Medical examination
- Offender report details
- Consider offender to do a reconstruction if cooperative
Obtaining information on what to look for at a fire scene involving explosives
- Once scene declared safe conduct a scene examination, use video and photos as a briefing tool
- Remember to continually reconstruct
- Request attendance of experienced ESR analyst
Responsibility of FLO
PAAC
- Providing advice and expertise
- Attending every fire that results in serious injury or death
- Arranging Police attendance at fire scenes if required
- Coordinating fire investigations in their designated area or district
If you require to demolish a part of a fire scene what actions to take prior
- Sketches
- Photographs
- Plans
- Videos
When providing explosive they must know
Intend the device to be used by another to commit a crime but not need to know the identity nor the precises nature of the intended crime
3 categories where fire is not intentional
Careless
Nature
Faults
Powers in FEN
Section 42 of the Fire and Emergency New Zealand Act 2017 on
the person in charge of the Fire Service at the fire site are
(a) enter any land, building, or structure:
(b) break into any building or structure that may be on fire or otherwise endangered or that is
near the emergency:
(c) take or send any equipment or machine required to be used into, through, or upon any
land, building, or structure:’
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or
that is near the emergency, any flammable, combustible, explosive, or dangerous material
found in the building or structure:
