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Arson Flashcards

1
Q

Section 267 (1)(a) Crimes Act 1961

A

(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who

(a)
- Intentionally OR recklessly
- Damages by fire OR by means of any explosive
- Any property
- If he or she knows OR ought to know that danger to life is likely to ensue

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2
Q

Section 267(1)(b) Crimes Act 1961

A

(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who

(b)
- Intentionally OR recklessly
- And without claim of Right
- Damages by fire OR by means of any explosive
- Any immovable property, vehicle, ship or aircraft
- In which that person has no interest

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3
Q

Section 267(1)(c) Crimes Act 1961

A

(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who

(c)
- Intentionally
- Damages by Fire OR by means of any explosive
- Any immovable property, vehicle, ship or aircraft
- With intent to obtain any benefit OR to cause loss to another person

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4
Q

Section 267(2)(a) Crimes Act 1961

A

(2) Everyone commits arson and is liable to imprisonment for a term not exceeding 7 years who

(a)
- Intentionally OR recklessly
- Without claim of right
- Damages by fire OR by means of any explosive
- Any property
- In which that person has no interest (Excluding property referred to in subsections (1))

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5
Q

Section 267 (2)(b) Crimes Act 1961

A

(2) Everyone commits arson and is liable to imprisonment for a term not exceeding 7 years who

(b)
- Intentionally OR recklessly
- Damages by fire or by means of any explosive
- Any property (Excluding that which falls under subsection (1))
- With intent to obtain any benefit OR cause loss to any other person

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6
Q

Section 267 (3) Crimes Act 1961

A

(3) Every one is liable to imprisonment for a term not exceeding 5 years who
- Intentionally damages
- By fire OR by means of any explosive
- Any property
- With reckless disregard for the safety of any other property

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7
Q

Section 267 (4) Crimes Act 1961

  • What does benefit refer to?
A

It means any
- Benefit
- Pecuniary advantage
- Privilege
- Property
- Service
- Valuable consideration

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8
Q

Define intent

A

There are two parts to proving intent.

There must be an intention to commit the act and the intention to get a specific result

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9
Q

Define a deliberate act

A

This means an act or omission done deliberately. It must be more than involuntary or accidental

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10
Q

Define an “intent to produce a result”

A

In this context it can mean “Aim, object or purpose”

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11
Q

Who has to prove intent?

A

The onus to prove intent is on the prosecution to prove an offenders intent beyond reasonable doubt

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12
Q

R v COLLISTER

A

Circumstantial evidence from which an offenders 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

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13
Q

Define reckless

A

Acting ‘recklessly’ involves consciously and deliberately taking an unjustified risk

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14
Q

Reckless case law

A

Cameron v R & R v TIPPLE

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15
Q

Cameron v R

A

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result; and / or
(ii) that the proscribed circumstances existed; and

(b) having regard to that risk those actions were unreasonable

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16
Q

R v tipple

A

General rule that ‘recklessness’ is to be given a subjective meaning. It requires the offender know of or have a conscious appreciation of the relevant risk and it may be said that it requires the decision to ‘run the risk’

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17
Q

When recklessness is an element in an offence, the following must be proved:

A
  • That the defendant consciously and deliberately ran the risk (subjective test)
  • That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk)
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18
Q

What must the prosecution prove for a charge of arson ?

A

That the specified property has been ‘damaged’ by fire or explosive as a result of the defendants actions.

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19
Q

What is sufficient when proving damage by fire?

A

Fire damage often involves burning or charring however it does not need to be set alight; melting, blistering of paint or significant smoke damage may be sufficient

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20
Q

R v ARCHER

A

Property may be damaged if it suffers permanent or temporary physical harm OR permanent or temporary impairment of its use or value

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21
Q

What is fire the result of?

A

The process of combustion - A chemical reaction between fuel and oxygen, triggered by heat.

For a fire to start or continue, fuel, oxygen and heat must be present in the correct proportions.

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22
Q

What happens when fuel is heated to its ignition temperature?

A

It releases gases which then react with ocean molecules in the air - this results in the release of heat and light energy, and various other by products, which are visible as flames

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23
Q

Section 2 Arms Act 1983

A

Explosive Definition

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24
Q

Define explosive: Paragraph (a)

A

(a) Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and

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25
Q

Define explosive: Paragraph (b)

A

Without limiting paragraph (a) of this definition, includes gun powder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured plates, fog signals, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions; and

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26
Q

Define explosive: Paragraph (c)

A

Without limiting paragraph (a) or (b) includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and

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27
Q

Define explosive: Paragraph (d)

A

Does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996

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28
Q

Define property

A

Property includes real and personal property, and any estate or interest in any real or personal property, [Money, electricity,] and any debt, and any thing in action, and any other right or interest

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29
Q

Does ‘property’ include intangible items?

A

While the statutory definition is wide and includes a range of intangible things, only tangible property is capable of being damaged directly by fire or explosive HOWEVER intangible property may be damaged indirectly

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30
Q

How can intangible property be damaged indirectly?

A

Information stored on a computer that becomes irretrievable when the computer is damaged by fire

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31
Q

What kind of property does Section 267(1)(a) Crimes Act 1961 cover?

A

ANY property

Matters such as the nature, value and ownership of the property are not relevant.

It is the risk to another persons life that raises this offending to the highest category of arson

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32
Q

What kind of property does Section 267(1)(b) & (c) Crimes Act 1961 cover?

A

Only deal with property that is, in general, higher in value (immovable property, vehicles, ships and aircraft)

It is the value of these items that raises the offending to the higher category

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33
Q

What kind of property do s267 (2) and (3) deal with?

A

Lower-value property - depending on the offenders intent and the risk to other property

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34
Q

“Knows or ought to know” definition

A

Simester and Brookbanks - suggests knowing means knowing or correctly believing.

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35
Q

What questions do you ask when considering the subjective test for knowing?

A

What was the defendant thinking at the time?
Did the defendant know that human life was likely to be endangered by his actions?

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36
Q

What must you consider if there is insufficient evidence that the defendant was conscious of the risk?

A

Consider the objective test:

What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?

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37
Q

“Danger to life” definition?

A

In this context “Life” refers to human life and the danger must be to someone other than the defendnat

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38
Q

“Claim of right” definition

A

In relation to this act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed. Although the belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

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39
Q

What does the defendant have to believe to use claim of right as a defence?

A

Firstly you must have a belief in a proprietary or possessory right in that there must be a belief that relates to an element of ownership of the property or a right to take or retain possession of it.

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40
Q

Can intangible property with regard to “claim of right” be included?

A

In appropriate cases, intangible property which cannot be possessed but may be owned can be included

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41
Q

Does the defendant have to believe he or she has possessory right to the property

A

Arguably the defendant could rely on a belief as to another legal rights

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42
Q

What property must there be proprietary or possessory right?

A

The property in which the offence is alleged to have been committed

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43
Q

When must the belief be held (possessory right)?

A

At the time of the alleged offence

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44
Q

Hayes v R

A

The belief is not required to be reasonably held and may be based on ignorance or mistake. However the reasonable of the belief may be relevant in determining whether the defendants assertion of the belief is credible.

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45
Q

Immovable property defined?

A

Immovable property is not defined. In general it relates to buildings and land and things growing on land (forests)

It will be considered immovable if it is currently fixed in place and unable to be moved.

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46
Q

Does immovable property include property that can be made movable ?

A

Yes - a relocatable building which is currently fixed to foundations is ‘immovable’ even though it could be released from its foundations and moved.

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47
Q

Vehicle definition

A

(a) A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved and

(b) includes a hovercraft, skateboard, in line skates and roller skates

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48
Q

What does a vehicle not include?

A
  • a perambulator or pushchair
  • A shopping or sporting trundler not propelled by mechanical power
  • An article of furniture
  • A wheelchair not propelled by mechanical power
  • Any other contrivance specified by the rules not to be a vehicle for the purposes of this definition
  • Any rail vehicle
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49
Q

Ship definition

A

Means every description of vessel used in navigation, however propelled

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50
Q

What does Ship include?

A
  • barge
  • lighter
  • dinghy
  • raft
  • includes any ship belonging to or used as a ship of the armed forces of any country
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51
Q

Aircraft definition

A

Any machinery that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

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52
Q

R v WILSON

A

R v Wilson held that a tenancy of a property is sufficiently an interest in that property and therefore they cannot be conicted of arson.

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53
Q

When can a tenant be charged?

A

Under 267
(a) Where the crown alleges the damage by fire is intentional if he or she has caused loss to any other person

(b) where the crown alleges the damage by fire is either intentional or reckless a tenant may be convicted if he / she knew danger to life would likely ensue

(c) a tenant otherwise cannot be convicted of recklessly damaging the tenanted property by fire

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54
Q

Obtain defined

A

Means obtain or retain for himself or herself or for any other person

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55
Q

Benefit defined

A

means any benefit, pecuniary advantage, privilege, property, service or valuable consideration

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56
Q

Can an owner of a house be convicted of arson?

A

Under S267(1)(c) the owner of a property can be convicted of arson if it was done with intent to obtain a benefit (e.g. a fraudulent insurance claim)

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57
Q

Loss defined

A

Will involve financial detriment to the victim

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58
Q

R v Morely

A

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired

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59
Q

Person definition

A

Includes:
- the crown and any public body or local authority
- any board, society or company
- Any other body of persons whether incorporated or not
- and the inhabitants of the district of any local authority

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60
Q

If an offender sets fire to a police car, do they commit arson against 267(1)(c) ?

A

Yes, because they intended to cause loss to the Police as an organisation which under this act is considered a ‘person’.

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61
Q

What kind of property does 267(2) relate to?

A

Anything OTHER than immovable property, vehicles, ships or aircrafts

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62
Q

Reckless disregard - what do you have to prove in relation to property?

A

It must be proved that the offender intended to damage property and that there was a risk of damaging other property as a consequence.

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63
Q

What does Section 268 cover?

A

It covers situations where the offender INTENDS to commit arson and takes steps towards doing so but for whatever reason the full offence is not committed

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64
Q

What must there be evidence of for the offence of attempted arson?

A

There must be evidence that the offender had the intent to commit the full offence.
Recklessness is insufficient for attempted arson

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65
Q

Section 268 Crimes Act 1961

A

Everyone is liable for a term not exceeding 10 years who
- Attempts to commit arson
- In respect of any immovable property, vehicle, ship or aircraft

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66
Q

To be guilty of an attempt under S72 Crimes Act 1961 what must you prove?

A
  • That they intended to commit the offence
  • That they took a real and substantial step toward achieving that aim.
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67
Q

How close must a defendant be to the actual act in order to be convicted of an attempt?

A

They must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence

It must be sufficiently proximate to the offence - he must have taken a real and practical step towards the offence

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68
Q

72(a) Crimes Act 1961

A

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his objectives, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not

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69
Q

72(2) Crimes Act 1961

A

The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law

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70
Q

72(3) Crimes Act 1961

A

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit the offence

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71
Q

How will ‘sufficiently proximate’ be determined?

A

The court will analyse the defendants conduct at the relevant time, in conjunction with evidence of his or her intent based on the circumstances and any steps taken leading up to that point.

This cumulative assessment may allow the court to infer that the defendant had intended to commit the full offence and had started to do so, even though he or she may still have been several steps removed from the ultimate act

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72
Q

R v Harper

A

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 considered in its entirety. Considering how much remains to be done is always relevant though not determinative

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73
Q

What did the courts refer to as examples of acts that may constitute an attempt?

A

The American model penal code

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74
Q

What did the American model penal code stipulate?

A

That the defendants actions must be analysed on a case by case basis. However acts that may constitute an offence include:
- Lying in wait, searching for or following the victim
- Enticing the victim
- Reconnoitring the scene of the contemplated crime
- Unlawful entry of a structure, vehicle or enclosure which is contemplated that the crime will be committed
- Possession, collection or fabrication of materials to be employed
- soliciting an innocent agent to engage in conduct constituting an element of the crime

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75
Q

Section 269 Crimes Act 1961

A

Intentional damage

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76
Q

Section 269 (1) Crimes Act 1961

A

Everyone is liable to imprisonment for a term not exceeding 10 years who:
- intentionally or recklessly
- Destroys or damages
- Any property
- If he knows or ought to know that danger to life is likely to result

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77
Q

Section 269 (2)(a) Crimes Act 1961

A

Everyone is liable to imprisonment for a term not exceeding 7 years who
(a)
- Intentionally or recklessly
- and without claim of right
- Destroys or damages
- Any property
- In which that person has no interest

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78
Q

Section 269 (2)(b) Crimes Act 1961

A

Everyone is liable to imprisonment for a term not exceeding 7 years who
(b)
- Intentionally or recklessly
- Without claim of right
- Destroys or damages
- Any property
- With intent to obtain any benefit or with intent to cause loss to any other person

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79
Q

Section 269(2)(c) Crimes Act 1961

A

Everyone is liable to imprisonment for a term not exceeding 7 years who
- Intentionally
- Destroys or damages
- Any property
- With reckless disregard for the safety of any other property

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80
Q

Does S269 cover damage by fire

A

S269 CAN cover arson however you would more likely to go for the more serious offence (267) and S269 would be reserved for damage caused by other means

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81
Q

Section 272 Crimes Act 1961

A

Everyone is liable to imprisonment for a term not exceeding 2 years who
- Knowingly
- Has in his / 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

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82
Q

R v HALLAM - possession of explosives etc

A

On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance

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83
Q

What must you prove for an offence against S272 CA 61 (having possession of explosive substances)

A
  • That the offender knowingly had the substances
  • That he knew it to be an explosive substance
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84
Q

What is meant by “explosive substance, dangerous engine, instrument” in S 272 CA 61 ?

A

It is suggested that both ‘engine’ and ‘instrument’ have a special meaning - the nature of a device intended to explode or cause fire or emission of noxious things.

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85
Q

What is meant by ‘Thing’ in S267 CA 61 being providing explosives to commit an offence?

A

Must be restricted to a similar fashion as the others - intended to explode or emission of noxious things

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86
Q

Possession of explosive or device - allowing someone else to use it - who may they have allowed to use it

A
  • the defendant must intend the explosive or device to be used by another person to commit an offence
  • It is NOT necessary that they know the identity of the person who will ultimately use the explosive device or of the precise nature of the offence
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87
Q

Who is responsible for maximising safety and eliminating/minimising risk is the responsibility of:

A

All police employees, persons engaged by police to provide a service including contractors and their employees, trainees, interns and volunteers

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88
Q

For arson what powers do you have?

A

Powers of arrest under section 315(2) Crimes Act 1961

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89
Q

Section 88 of the Fire Services Act 1975 covers offenses against alarms, hydrants and impersonating such as :

A

Under section 88 of the Fire Services Act 1975.

You must prove:
- They unlawfully interfered with any fire alarm OR
- They knowingly covered up, enclosed or concealed any hydrant
- They knowingly obliterated or removed any mark, sign or letter used to indicate the position of, or to distinguish any hydrant
- With intent to deceive, impersonated a member of the fire service or a member of a volunteer fire brigade

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90
Q

Can you arrest for S 88 of the Fire Services Act 1975?

A

No as the penalty is fine only - serve a summons

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91
Q

Resisting or obstructing the commission (Fire services act)

What must you prove

A

Section 88 of the Fire Services Act 1975

You must prove:
- The identity of the defendant and that they
- resisted, deceived or knowingly obstructed the Commission or any person in the exercise or attempted exercise of power, performance, or attempted performance of any duty OR
- Unlawfully interfered with any equipment at, or in the vicinity of, a fire, suspected fire or other emergency OR
- Knowingly gave or caused to be given, any false alarm of fire

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92
Q

Can you arrest under S88 Fire Service Act 1975 in relation to resisting or obstructing the commission?

A

Yes as section 88(1) includes a penalty of imprisonment and you can therefore arrest without warrant under section 88(2)

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93
Q

Section 198(1)(b)&(c) Crimes Act 1961

A

Doing a dangerous act with intent

You must prove:
with intent to do GBH
b) Send or deliver to any person, or puts in any place, any explosive, injurious substance or device or
c) sets fire to any property

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94
Q

Section 198(2) CrimesAct 1961

A

Doing a dangerous act with intent

You must prove:
- the identity of the defendant and that they
- With intent to injure OR
- With reckless disregard for the safety of others
- Did any of the acts referred to in section 198(1)

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95
Q

Section 272 Crimes Act 1961

What must you prove?

A

Providing explosive (or other dangerous item) to commit crime

You must prove:
- The identity of the defendants and that they knowingly
- Had in their possession or made 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

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96
Q

What are the police powers and duties while a fire is being fought?

A

All police present must cooperate with the person in charge of the Fire Service at a fire, suspected fire or other emergency

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97
Q

What are the powers and duties of the person in charge of the Fire Service?

A

they are charged with direction of operations and confers the right to:
- enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty (Section 28(4)(b)
- Close roads (Section 28(4)(h)
- Remove vehicles impeding the fire service (Section 28(4)(i)
- Remove people who are in danger or interfering with operations, using reasonable force (section 28(4)(i)
- Do anything else that is reasonably necessary for the protection of life and property (Section 48(4)(n)

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98
Q

What powers may police exercise at a fire?

A

Police may exercise any powers open to the Fire brigade if they are called upon to do so by a member of the Fire Service in charge of the fire.

They DO NOT have rights to exercise this just because they are at the location of a fire

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99
Q

When will the fire service notify police?

A

IF:
- A fire results in serious injury or death OR
- a fire is considered suspicious

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100
Q

What is the Fire Investigation Liaison Officer (FILO) role within each police district?

A

They have the responsibility for:
- Attending every fire that results in serious injury or death
- Co-ordinating fire investigations in their designated area or district
- Arranging Police attendance at fire scenes where required
- Maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators;
- Assisting areas or districts with fire investigation- related queries;
- Ensure communication is maintained with the Police National Fire investigation coordinator, police district Intelligence Manager and District Manager Criminal Investigations, where appropriate
- Co-ordinating fire investigation training for any Police employees within the area or district, where needed
- Providing other advise and expertise as required

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101
Q

Who are Specialist Fire Investigators?

A

The fire service employs specialist Fire Investigators - they typically possess extensive experience in fire fighting and fire safety and have received specialist training and assessment in fire investigation techniques

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102
Q

When will specialist fire investigators be called to attend and investigate?

A

When:
- Fires where fatalities occur
- Fires where serious (life threatening) fire related injury has occurred;
- Structure fires where the cause is suspicious or cannot be determined
- Significant fires spread across a property or boundary;
- Fires in buildings where built in fire safety features have failed, or not performed to known or expected standard;
- Structure fires of 3rd alarm equivalent or greater, that may have a significant regional or national consequence and
- Any other fire, upon request from police or other agency

103
Q

How many fire investigators will be called /

A

In situations where any fire related fatality or life threatening injury a minimum of two investigators will attend.

A senior specialist fire investigator or other highly experience specialist fire investigator will be called to attend and support the investigation of any serious fire where additional experience

104
Q

Who determines if extra support is needed at the scene of a serious fire?

A

The Fire Service National Manager Fire Investigation and Arson Reduction

105
Q

What do Fire service Investigation Liaison Ofiicers (FSILO) have responsibilities for?

A
  • arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police
  • Establishing and maintaining effective working relationships with relevant police fire investigation liaison officers (FILOs) in the respective police districts
106
Q

Stage one of the process for control notification and handover of fire scenes

A

The Fire Service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene of the fire over to the appropriate person or agency - in some circumstances, police

107
Q

Stage two of the process for control, notification and handover of fire scenes

A

The fire service will notify police if it considers that a fire may have been deliberately lit, or if it considers the cause of the fire is suspicious. The Fire Service will also notify police of all incidents where fatalities or serious injuries occur.

108
Q

Stage Three of the process for control, notification and handover of fire scenes

A

Where police attend a fire scene and seek authority over that fire scene, the designated Police Investigating Officer will confer with the Incident Controller to confirm the handover process

109
Q

Stage four of the process for control, notification and handover of fire scenes

A

The fire service will not normally handover a fire scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised.

110
Q

Stage five of the process for control, notification and handover of fire scenes

A

For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan.

111
Q

Stage six of the process for control, notification and handover of fire scenes

A

The investigation plan will include an outline of how the investigation will proceed and the role of each agency

112
Q

If police command a fire scene, can fire service access the scene?

A

At police discretion

113
Q

After the fire has been extinguished, what is the process

A

the fire scene examination will be conducted using a co-ordinated approach.

The fire service provide a Specialist fire investigator and sometimes a Senior SFI and Police supply a FILO.

114
Q

The Specialist Fire Investigator will liaise with FILO or other member of police in relation to these matters

A
  • Handover of the fire scene
  • Access to the fire scene
  • Process for examination and investigation
  • Identification and collection of evidence at the fire scene
115
Q

What will the Specialist Fire Investigator do?

A

Conduct an indépendant investigation into the origin and cause of the fire

116
Q

What is the police responsibility in the investigation of a suspicious fire?

A
  • Conduct the criminal investigation or coronial enquiry
  • Undertake responsibility for the protection, collection and recording of forensic evidence
117
Q

Who collects and removes material from a fire crime scene?

A

Police or other agencies with authority to remove items

118
Q

who is responsible for the preservation, analysis and subsequent disposition of any material?

A

It is the responsibility of police or other agency with the appropriate authority

119
Q

When must risk assessments be conducted when dealing with fire scenes?

A

Constantly - a fire scene is an unstable environment and can be safe initially however can become unsafe during the post fire incident investigation

120
Q

What are the hazards most likely to cause injury at a fire scene?

A
  • Inhalation of toxic substances
  • Ingestion of particles
  • Cuts/wounds from sharp objects
  • Air borne dusts
  • Tripping on debris
  • Falling down, over or onto any obstructions
  • Items falling onto you or hitting objects and causing a chain reaction
121
Q

How to identify the best method of protection in relation to hazards at a fire scene?

A
  • An assessment for each of the hazards
  • A strategy to prevent an occurrence or to mitigate its impact
122
Q

What clothing protection must be used by the on-scene investigator?

A
  • A suitable helmet
  • A pair of overalls
  • Nose and mouth filter, a full face respirator or full BA
  • Gloves
  • Safety Glasses
  • Heavy duty footwear with steel soles and toe caps
123
Q

How to minimise risk when dealing with timber at a fire scene

A

Timber normally burns and chars but if members are thick enough they can maintain integrity.

When entering a timber structure, take note of the thickness of structural members, the load it is carrying and any sound coming from the structure.

124
Q

How to minimise risk when dealing with steel at a fire

A

During initial stages of a fire, steel will expand and can cause external walls to be pushed out. However, if there is sufficient fuel - the unprotected steel will lose strength and collapse.

When heated steal is cooled by fire fighting or time it contracts and may:
- Fall off supports
- remain loosely intact but may collapse during excavation or movement of items with no warning

125
Q

How to minimise risk when dealing with concrete at a fire scene

A

Concrete is the most unpredictable - it can be affected by extremely low fire temperatures and topple in all directions.

Concrete can break away at the surface and steel reinforcing may be exposed. Look for exposed steel, discoloured areas and cracking.

126
Q

How to recognise risk when dealing with masonry at a fire scene

A

Masonry and brick structures can be weakened by deterioration of mortar, expansion of the wall or damage to supporting structural members.

Visible signs of damage include:
- Cracking
- Leaning
- Bowing
- Collapse of supporting floor or roof frames

127
Q

What is the best rule to employ when entering a fire scene?

A

If it looks dangerous it probably is so do not enter

128
Q

What are common methods of setting fires?

A

The most common manner is the ignition of readily available combustible material e.g. rubbish but can also include
- Candles
- Chemical ignitors
- Electrical apparatus
- Electric matches
- Matches and cigarettes
- Molotov cocktails
- Timing devices

129
Q

How are candles used to commit arson

A

A candle is left to burn down into a pile of easily combustible material such as wood shavings soaked in accelerant.

  • Traces of wick may be evidence of this method.
130
Q

Chemical ignitors - Potassium permanganate, sugar and glycerine - defined

A

This combination is the best known and safest chemical igniter. The potassium permanganate and sugar are mixed 50/50, placed in a container and surrounded by kindling. when the glycerine is introduced, the mixture reacts and burns - igniting the kindling.

  • this mixture leaves a greenish, coca-cola like residue. Some traces of the container should remain
131
Q

Chemical igniters - Potassium Chlorate, sugar and sulphuric aside (fire fudge - defined

A

This reacts faster than potassium permanganate, sugar and glycerine and is almost instantaneous - it is therefore more likely to be used with a timing device.

Sometimes magnesium or aluminium is added to increase the heat. The mixture is dampened, moulded in a flower pot and inverted. This produces enough heat to burn through metal.

132
Q

Electrical apparatus defined

A

Appliances are left turned on in circumstances that will cause a fire such as:
- A bar heater turned to face a wall or furniture
- An iron left flat on a surface
- A pop up toaster with the lever tied down
- a pan of fat or flammable liquid left on the stove

133
Q

Matches and cigarettes as an ignitor - defined

A

cigarette is left to burn onto a box or book of matches - combustible material such as wood or wool may be left nearby

134
Q

Molotov cocktails - what is it?

A

It is a bottle filled with petrol, with a petrol soaked rag tied to it or stuffed into the neck. The rag is lit and the bottle smashed against a hard surface, igniting the petrol and causing an intense but short flash fire

135
Q

What must a Molotov cocktail contain?

A
  • Polystyrene beads
  • Rubber bands
  • Soap flakes
  • Soap powder, sugar or flour - these slow down the burning rate and confine its spread
  • Materials that ignite on impact - eliminating the need for a wick.

The container is filled with a mixture of petrol and 10-15 percent concentrated sulphuric acid. A small sachet containing a 50/50 mixture of potassium chlorate and sugar is taped to the outside of the bottle

136
Q

What may be evidence of a Molotov cocktail?

A
  • Traces of wick
  • Pieces of bottle glass, either scattered or in one place
  • Pieces of window glass from the cocktails entry
  • In the case of chemical ignition - traces of tape used to attach the chemicals to the side of the bottle
  • Evidence of liquid flowing down walls and under doors and furniture.
137
Q

Examples of timing devices:

A
  • a bottle containing the acid is suspended above the dry ingredients and tipped by a length of cotton attached at the other end to the alarm winder of a clock.
  • The acid is placed on a balance with a tin of water at the other end. A tiny hole is punched in the tin and as the water drips away, the balance tips and drops the acid into the dry ingredients below
  • Most common - the use of an incense stick or matches cut to length to determine the timings required.
  • Electric timers can be used to delay the start of a fire long enough to allow an arsonist to be well away from the scene.
138
Q

Trailers definition (fire ignition)

A

Rags soaked in kerosene are laid from an ignition source to the site of the intended fire.

139
Q

Non intentional causes of fire - carelessness

A
  • misusing electricity
  • Children playing with matches
  • burning off paint
  • vagrants lighting fires for warmth
  • welding and other industrial processes
  • Leaving clothes near heating
  • Wrapping up live ashes in paper
  • ironing
  • Setting off firework
  • Using or storing flammable materials
  • Burning rubbish
  • Using domestic or camp fires
  • Leaving a stove or heater on
  • Leaving fat unattended while cooking
  • Smoking
140
Q

Non intentional causes of fire - Faults

A

Faults can occur in
- chimneys and flues
- Heating system s
- Appliances
- Televisions left on standby
- Dust extractors
- Fans and ventilation systems
- Electrical wiring
- Machinery
- Gas pipes and fittings
- Broken power lines

141
Q

Non intentional causes of fire - nature

A

A fire can be caused naturally by any combination of fuel, heat sources and air including
- Chemical reactions
- The suns rays
- Lightning
- Static electricity
- Rodents eating through wiring or building nests out of flammable material
- spontaneous combustion and ignition of damp grain hay or wool; cloth soaked in oil, turpentine or paint, fine dust in joinery factories or flour mills

142
Q

What is the procedure on arrival to a fire scene?

A
  1. Briefly interview informant (informant may be offender!)
  2. Secure and control the scene
  3. Initial interview of the specialist fire investigator and oc of the first fire appliance to attend scene
  4. Interview the incident controller
  5. Ensure safety of the scene (after fire extinguished ) before an initial conference is held
  6. If deemed suspicious re-group & hold conference
  7. Confer with other stage and determine a plan of action
  8. Contact the Emergency Communications Centre and supply a SITREP
143
Q

What must you find out from the incident controller at the scene of a fire?

A
  • the time and date of the call and the manner in which it was received
  • what appliances attended
  • the state of the fire when the Fire Service Arrived
  • What action the Service has taken, particularly in entering the building and ventilating it after the fire
  • What information the fire service has about the buildings security
  • What alterations they have made to the scene, for example, they may have had to force doors or windows
  • Whether they think the fire is suspicious and why
  • Their opinions of the informant
  • Details of people or vehicles acting suspiciously
144
Q

-What actions can you direct staff to do at the scene of a fire ?

A
  • Guard and control the scene
    -Identify and interview witnesses
  • Conduct local enquiries
145
Q

Who may be witnesses to a fire investigation?

A
  • the person who found the fire, raised the alarm and informed police or fire fighters
  • Occupants and their visitors
  • Employees, inc cleaners and casual staff
  • owners
    -neighbours
  • spectators
  • Passers by
  • local police
  • patrols
  • Other police and security staff
  • Vendors and delivery personnel
  • Reporters and photographers
146
Q

What scene security considerations are there for police?

A
  • Ensuring the scene is not interfered with
  • Exclusion and control of on-lookers, property owners and other interested parties
  • Preserving evidence
  • Preventing looting
147
Q

What should attending police also be aware of a the scene of a fire?

A
  • be aware of resignation from hotspots
  • be vigilant and watch for possible suspects
  • Identify any witnesses among onlookers and passers by
  • Report all matters of significance to the OC
148
Q

What must be considered in regard to fire scene contamination?

A
  • Scope
  • Cordon
  • Common approach path
149
Q

Scope definition

A

How much of the area needs to be preserved?
A room? Entire building? A large area that includes the building/s? Outside areas?

Make an informed decision as to where most of the information you require is located and what needs to be preserved.

150
Q

Cordon definition / process

A
  • Identify the centre of the scene
  • Tape off outside, what is considered to be the most obvious item of evidence that is furthest away from the scene
  • Natural boundaries could be used to dictate zones

Make cordons as wide as practical

151
Q

Common approach path definition

A

All traffic through the scene should be limited to corridors

Ideally the investigator should search the areas to be used as corridors prior to them receiving any other traffic - this will reduce any evidence being entered into a scene after the event. It will also reduce evidence being damaged during subsequent fire inspections and investigation

152
Q

How can you record a scene if it is difficult to preserve?

A
  • Sketches
  • Photographs
  • Plans
  • Video recordings
153
Q

What personnel may you need assistance from in a fire investigation?

A
  • fire investigation liaison officer
  • ESR scientist
  • Rural fire investigator
  • Photographer
  • Fingerprint technician
  • Explosives inspector
  • Electrical inspector
  • building inspector
  • insurance assessor
  • accountant
  • forensic mapper / original floor plans
  • pathologist
  • vehicle inspector
  • civil aviation inspector
  • mines inspector
  • forestry expert
  • agricultural expert
  • marine surveyor
  • heating engineer
  • meteorologist

Any one of the above may be required at your scene conference

154
Q

What should OC investigation do regarding personnel

A
  • appoint an exhibits officer
  • Appoint a crime scene co-ordinator
  • advise the fire investigation liaison officer
  • appoint a scene examiner.
155
Q

How should a scene be examined?

A

It should be examined as soon as the circumstances allow and in a systematic way - from the outside in

156
Q

How to prepare the scene for examination?

A
  • Establish a clear area for material to be removed
  • avoid any cross contamination potential
  • set clear areas of responsibility (coordinated approach)
157
Q

What is the point of origin?

A

A location which:
- A component failed
- A fire was maliciously lit or
- an accidental fire originated

158
Q

The external examination takes into account:

A
  • Adjoining premises which often reveal:
    • accelerant containers
    • Attempts at forced entry
    • broken windows
    • forced doors
  • nearby alleyways/streets/driveways
  • The yards and outbuildings of the fire effected property
  • The periphery of the structure itself
  • What debris was scattered, paticularly if drums or cylinders have exploded
159
Q

The surrounding area of the involved premises may reveal

A
  • accelerant containers
  • contents of outbuildings missing
  • property run-down
  • business appears to be struggling
160
Q

The damaged structure itself may reveal:

A
  • Jemmy marks or other signs of forced entry on windows or doors
  • window glass broken before the fire was ignited
  • burn patterns above doors and windows and “V” shaped burn patterns on external cladding
161
Q

What does a preliminary internal examination involve?

A

A slow walk through the premises from the area of least damage to the area of the most damage

162
Q

What to take note of during a prelim internal examination?

A
  • low stock levels (commercial premises)
  • building areas in need of repait
  • signs of hardship (empty flats, shops to let, etc)
  • missing family photographs, furniture and personal items
  • lack of clothing in wardrobes and drawers
  • rifled premises
  • position of clothes if not in wardrobe
  • open filing cabinets or missing files
  • forced entry into an empty till
  • presence of accelerant containers or trails
  • separate unrelated seats of fire
  • Owner/occupier attitude during walk through
  • Unusual odours
  • Burn patterns

During the prelim, conduct a site risk assessment and develop a site safety plan

163
Q

Who is the detailed internal examination conducted by?

A

The Specialist Fire Investigator

164
Q

What will the Specialist Fire Investigator note when completing a detailed examination of a scene?

A
  • smoke deposits and burn patterns
  • spalling (the cracking or chipping of concrete as a result of being heated and cooled)
  • damage to wall studs
  • damage to roofing timbers
  • damage to windows sills and door edges
  • soot deposits on window glass and craze patters
  • floor areas burned through
  • skirting board damage
  • elimination of false low burns
  • removal of fire debris
  • under floor inspection
165
Q

What (if anything) will the police investigator do while the fire investigator completes the detailed internal exam?

A

Could act as a scribe to assist the fire investigator

166
Q

At the conclusion of the detailed internal examination what will the specialist fire investigator be able to determine

A
  • The area of origin
  • point of origin
  • the seat of the fire
167
Q

What will the Specialist Fire Investigator consider when determining the seat of the fire

A
  • Witness reports
  • When they first noticed the fire and where they were at the time
  • the state of the fire at the time
  • wind direction and speed and the weather
  • the direction of the spread
  • the colour of the flames and smoke (can point to cause EG black smoke may indicate a petroleum product based fire)
  • The severity of the damage (because fire and heat usually rise, the area at the lowest level with most severe damage is often where the fire started. Though lateral and downward burning can occur in the presencce of some accelerants and draughts
  • The depth of charring (determines how long it has been burning and where it was longest)
  • the presence of ‘starting’ ddevices
  • the reports and opinions of other specialists
168
Q

What evidence of accelerants should you look for?

A
  • Containers
  • Traces of debris
  • Smell
  • Unusually rapid spread or intensity of fire
  • Uneven burning
  • Burning under or behind boards where the liquid has run through the cracks
  • Multiple seats of fire
169
Q

What evidence of intentional interference should you look for?

A
  • Tampering with the alarm or sprinkler system
  • hindering access
  • misdirecting fire fighters
  • evidence of intentional removal of valuable property
  • signs that furniture was rearranged to create a base
  • signs that windows and skylights were opened to create a draught
  • signs a crime has been committed. The property may gave been burned to destroy the evidence
  • signs a heater, soldering iron or other electrical appliance has been left on
  • inconsistencies (EG that the fire is rapid burning but no clear cause)
  • Unusual burn patterns or unusual time factors (Eg the fire started after the building was secured)
170
Q

What do you do with exhibits

A
  • photograph in situ, label, preserve in containers
  • use approved arson kits if available; if not use any suitable containers
  • take the following control samples:
    • charred timber and ashes/debris from the seat of the fire for examination and comparison.
    • Any accelerants found near the scene
    • soil from the surrounding area
171
Q

What to find out during a preliminary interview of the owner ?

A
  • when the premises was last secured and by whom
  • whether he or she knows the cause of the fire
  • the details of any suspects and any insurance
  • type of business
  • actions leading up to fire

NOTE their demeanour during this interview

172
Q

When must conferences be held?

A

during the scene examination

173
Q

what do conferences during the scene investigation assist with?

A
  • assessing information obtained
  • reconstructing
  • establishing possible motives
  • identifying suspects
  • planning further enquiries
174
Q

Who would attend conferences?

A
  • OC CIB
  • Crime scene coordinator
  • Fire Investigation Liaison officer
  • OC investigation
  • Investigating officers
  • Specialist fire investigator
  • Police Photographer
  • Fingerprint technician
  • Other specialists
175
Q

What do you record at conferences?

A

all decisions made and why they are made

176
Q

What will a conference inform?

A

The basis of your scene examination and risk assessment planning

All considerations must be documented and a detailed plan of action completed and agreed upon. This will also confirm timings and specific roles for all parties.

177
Q

How to treat a body / body removal at the scene?

A

A forensic pathologist should attend prior to body being removed.

Should always considering recording the body removal on video

The removal needs to be planned very carefully as the body is fragile when burned

178
Q

how to package a dead body?

A

bubble wrap should be used to secure the body parts and then packaged in a clearly marked and protected boxing of some form.

Keep an eye out for medically inserted pins, teeth or protected finger skin to assist in identification.

make sure the body has cooled prior to wrapping - if not possible advise the pathologist.

179
Q

What are the risks associated with body removal?

A
  • biological risk
  • sharp bone
  • destruction or altering of internal organs that are now exposed

ensure all staff have the correct ppe

180
Q

Whats the procedure in respect of general enquiries for fires not involving explosives? 12 steps

A
  1. Exhibits to ESR
  2. Complete offense report
  3. Obtain written reports
  4. Flow of info and ID of suspects
  5. Plan enquiries and ensure people are interviewed
  6. Area canvass
  7. Motives?
  8. Contact insurance company
  9. Obtain directions about special patrols and immediate attendance
  10. Inform intelligence section
  11. Weather conditions?
  12. Keep owner informed
181
Q

under step three “Obtain written reports, photographs and plans” of the proceedure in respect of general enquiries for fires not involving explosive - who do you need to obtain these from

A
  • the Specialist Fire Investigator who can supply
    • A CAD report (time sequenced record of the call, the resources that attended and the radio communications
    • a fire investigation report (reports on the cause and point of origin
182
Q

Under step four “to stimulate the flow of information and identification of suspects” in relation to procedure for general enquries of a fire not involving explosives, what must you consider?

A
  • Making media releases
  • Sending bulletin board messages to local and neighbouring police
  • informing staff at line up
  • using special notices, if there is a pattern to the fires
183
Q

Under step five of the procedure in respect of general enquiries of fires not involving explosives, who must be interviewed?

A
  • The owner and occupier of the premises
  • the person who last secured the building
  • the person who found the fire
  • the person who gave alarm
184
Q

In relation to step six of the procedure in respect of general enquiries for fires not involving explosives, when conducting an area canvas what should you obtain statements about?

A
  • the fire
  • the conduct of people at the fire
  • people loitering at the scene before the fire
  • vehicles in the vicinity before the fire
185
Q

In relation to step 8 of the procedure in respect of general enquiries for fires not involving explosives, what do you need to obtain from the insurance company?

A
  • The services of an assessor, to value the building and the damage
  • particulars of the insurance on the premises and their contents
  • copies of insurance policies
  • information on prior claims
  • details of any:
    • recent increase in cover
    • over insurance
186
Q

In relation to step 10 of the procedure in respect of the general enquiries of fires not involving explosives, what do you need to talk to your local intelligence section and fire investigation liaison officer about?

A
  • the fire
  • suspects
  • similar previous fires
  • other fires involving the informant, owner or occupier

NOTE arsonists are often creatures of habit and have ritualistic patterns

187
Q

Step one : proceedure for suspect enquiries in respect of fires not involving explosives

How may you identify suspects?

A

you may identify your suspects by
- the circumstances of the fire
- fingerprints
- information from informants and witnesses
- media response
- police resources such as intelligence and youth service
- enquiries at prisons, psychiatric hospitals, rehab and schools
- information from fire crews on people who regularly attend fires

188
Q

Step two: procedure for suspect enquiries in respect of fires not involving explosives

Possible suspects

A

Possible suspects may include
- the owner or occupier (insurance fraud)
- an employee - to cover theft, forgery or false pretence
- a criminal - to cover other crime - burglary or homicide
- an aggrieved person (jealousy, hatred, rage, prejudice etc)
- a pyromaniac suffering from mental illness
- a pupil or ex pupil
- a member of the fire service, for excitement or recognition
- a business competitor

189
Q

Step three: procedure for suspect enquiries in respect of fires not involving explosives

How must you investigate suspects?

A

Investigate suspects thoroughly and according to priority. Obtain
- Full particulars
- Criminal histories
- details of any moto vehicle to which they have access
- details of any associates
- photograph

190
Q

Step four: procedure for suspect enquiries in respect of fires not involving explosives

A

Consider surveillance

191
Q

Step Five: procedures for suspect enquires in respect of fires not involving explosives

Complete enquiries to establish….

A

complete enquiries to establish the suspects
- motive
- opportunity
- mens rea
- connection with the scene and the crime
- character, mental background, history, movements and behaviour

192
Q

Step Six: procedures for suspect enquiries in respect of fires not involving explosives

Consider a…..
Look for….

A

Consider a search warrant.

When executing the warrant:
Search the suspects clothing, residence, motor vehicle and work place and in any other place where evidence may be found. this evidence includes:
- accelerants
- containers
- igniters
-wick fabric
- traces of debris from the scene
- photograph evidence in situ
- ask for and not the suspects explanation in regard to the evidence
- be alert for signs that they have been at the scene (burnt facial hair, smell of smoke and residues of fuel)

193
Q

Step Seven: procedures for suspect enquiries in respect of fires not involving explosives

A

Interview the suspect

194
Q

Step Eight: procedures for suspect enquiries in respect of fires not involving explosives

A

consider an identification parade or montage

195
Q

Step Nine: procedures for suspect enquiries in respect of fires not involving explosives

A

complete enquiries to corroborate or negate the suspects explanation

196
Q

Step ten: procedures for suspect enquiries in respect of fires not involving explosives

A

Advise your supervisor - consider whether the ingredients of the offence and prima facie case have been established . obtain authority to prosecute

197
Q

Step Eleven: procedures for suspect enquiries in respect of fires not involving explosives

Arrest and obtain…

A

Arrest the suspect and obtain
- fingerprints
- photographs
- consider medical examination for injuries
- offender report details
- consider getting the suspect to do a reconstruction

198
Q

Reporting in respect of fires not involving explosives: introduction must include

A
  • the premises location
  • the names of the owner and occupier
  • a brief summary of the nature and extent of the fire
199
Q

Reporting in respect of fires not involving explosives: information about the property must include

A
  • layout
  • age and condition
  • type, construction and materials
  • value
  • security, such as whether there were door locks and window fasteners
  • heating, lighting and cooking connections
200
Q

Reporting in respect of fires not involving explosives: details of the fire and events leading up to it

A
  • when the property was last seen, the condition it was in at the time and how it was secured
  • who noticed the fire, the condition the property was in at that time and how it was secured
  • who alerted the fire service and why
  • what the fire service did
201
Q

Reporting in respect of fires not involving explosives: value of damage

A

refer to the plan and photographs

202
Q

Reporting in respect of fires not involving explosives: the results of the investigation

Results must include

A
  • how the scene was searched and what evidence was obtained
  • the specialist fire investigators report
  • opininons from other specialists
  • the reason for your conclusion
  • the motive, with evidence to support your conclusions
203
Q

Reporting in respect of fires not involving explosives: information on the insurance

A
  • the assessors report
  • details of the policies on the property and contents
  • whether the property was over or under insured
  • any recent increases in cover for the property or its contents
  • other claims
204
Q

Reporting in respect of fires not involving explosives: the results of general enquiries

A
  • the names of witnesses seen
  • the outcome of any neighbourhood canvass
  • the names of suspects interviewed and the results
  • any information received from staff, intel section CHIS and local police
205
Q

The investigation of electrical fires follows the same procedure as normal which is

A
  • information gathering
  • scene examination
    -debris examination
  • product examination
  • analysis and testing
  • opinion formulation
  • reporting data and opinions
206
Q

What is the first question in relation to any suspected electrical fire?

A
  • was power to the building live?
  • was the power to the area of the building where the fire started live?
  • Electrical continuity to the suspected electrical heat source
207
Q

What should you note in your scene notes and diagram?

A

Plot the buildings:
- power supply service entry
- meters
- the main
- any other switchboards, wiring routes, power outlets, switches and light fittings, permanent appliances, portable appliances and flexible leads

208
Q

When checking for electrical indicators at a fire scene, follow these general steps

A
  • flexible leads are vulnerable and easily damaged
  • locate the plug top connectors.
  • not whether and where conduit or ductwork has been used. (check they’re free from melts)
  • Locate and plot in line connections
  • locate and plot all power outlets, light switches and light sockets (check for tightness of connections and signs of localised overheating) recover any evidence of loose and overheated connections
  • locate and plot all appliances
  • identify appliances and apparatus by name, manufacturer, serial number and model number
209
Q

Types of electrical ignition sources and techniques: heaters and clothing

A

Most are found to be accidental.

People leave these appliances turned on and unattended with clothing resting on or near.

Can be used in conjunction with timers to delay turning on

210
Q

Types of electrical ignition sources and techniques: Electric lamp and petrol igniters

A

petrol can be introduced into a glass light bulb.

The filament remains intact but ruptures the instant the lamp is energised and ignites the petrol vapours

Can be used in conjunction with a timer

211
Q

Types of electrical ignition sources and techniques: ignition of the main switchboard wiring

A

Using a gas torch applied tot he earth or neutral bars

When heat is conducted from the neutral bar through the panle into the rear of the switchboard where insulation melts and ignites.

This requires the offender to remain at the scene until it has been ignited

212
Q

Types of electrical ignition sources and techniques: fallen table or standard lamp with combustible materials

A

ignition is easy to achieve if the material is in direct contact with the lamp and the area is well insulated.

213
Q

Types of electrical ignition sources and techniques: toasters with nearby curtains

A

Older toasters can be tampered with to get the effect

214
Q

Initial action when dealing with fires involving explosives?

A
  1. remember that there may be a secondary device anywhere at the scene
  2. do not use cell phones, radios or other transmitting devices
  3. Evacuate the scene to a distance of at least 100km
  4. If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour. If not available, consider using a defence force expert
  5. Give regular sitreps
215
Q

When examining the scene of a fire involving explosives, what is the three step process?

A
  1. Once the scene has been declared safe, conduct a scene examination. Use video and photographs as these are a useful briefing tool
  2. Remember to continually reconstruct
  3. Request attendance of an experienced ESR analyst - ask them to bring suitabl material for swabbing
216
Q

Step one of identifying the explosive

A

Give priority to identifying the explosive used as it will be crucial to prosecution. The expert should be able to advise the likely type of the explosive on examination on damage done.

note this examination can be overturned by a scientific analyst

217
Q

Step two of identifying the explosive

A

A low powered explosive will explode in a general manner, causing damage and spreading debris over roughly the same distance in all directions.

These explosives need to be confined to have any real effect. A low powered explosive can become a high powered explosive through this confinement.

218
Q

Step three of identifying the explosive

A

Explosives that explode at a rate of 1200-1500 meters per second are characterised by the fact that damage occurs in a ‘least line of resistance’ pattern. This means the windows and doors will blow out

219
Q

Step four of identifying the explosive

A

Explosives that explode at a rate greater than 5000 mps do so in a directional manner. Sometimes they explode straight up and down in a definable blast pattern, causing great directional damage and items that miss this blast are not as seriously damaged as might be expected.

220
Q

Step Five of identifying the explosive

A

Modern explosive residues are often slight and dissipate rapidly, the OC case may need to authorise an expert to enter the centre of the scene before it has been fully examined. In this case:
- Create a path to the centre of the explosion by laying a clean unused roll of plastic or by using stepping plates
- have the ESR analyst start swabbing the area immediately
- Vertical sheets of iron adjacent to the blast (street signs and fencing) are often good sources

221
Q

Step Six of identifying the explosive

A

It may be necessary to remove body parts promptly, before they decompose and animal and insect activity contaminates the scene. The same clean path method should be used.

222
Q

Step seven of identifying the explosive

A

record your impressions of any odours you detect

223
Q

How to link the suspect to the scene?

A
  • look for fingerprints and handwriting samples
  • the IED operator might be able to identify a ‘signature’ in the IED made
  • do not overlook tool marks, footprints and the like as the bomber manufactures the device in a workshop or dwelling
  • seek the advise of an explosives expert
224
Q

how to deal with bodies at the scene of a bomb?

A
  • call an experienced pathologist as considerable evidence can be obtained from bodies
  • Consider X-rays to recover exhibits from body parts
  • consider terrorism and suicide as possible motives
225
Q

Dealing with the media in relation to explosives

A

do not speculate to the media on the possible explosive used - the speculation will be traversed in court.

Media ‘theories’ are particularly unhelpful to a protracted enquiry

226
Q

Reconstructing the explosion

A

If you are unable to identify the explosion using scientific analysis, consider reconstructing the explosion. Can only be carried out :
- under the supervision
- at a suitable range or site
- in conditions as close to those of the original explosion as possible
- in close association with explosives and scientific advisors
- as a scientific test

NOTE you should record the reconstruction
The explosives expert must carefully record the details of each charge

227
Q

What to look for (explosions)

A
  • cratering
  • spread of debris
  • shredding of materials
  • a smell peculiar to the exploded material (almonds)
  • an overlay of dust
  • shrapnel marks

Note even if fire follows the explosion, some of these characteristics may remain.

228
Q

What you may find at scenes of explosions: containers

A

They may be scattered a considerable distance from the explosion centre

229
Q

What you may find at scenes of explosions: non-electric detanators

A

this will depend on how far it was placed into the explosive. If it was inserted well into the explosive, you are likely to find trace of the fuse only.

230
Q

What you may find at scenes of explosions: electric detonators

A
  • lead wire, which can help with what type of detonator was used.
  • the neoprene plug
  • the short - circuiting shunt (a small piece of plastic that is removed from the wires)
  • the ‘delay setting’ tag from the lead wire
  • fragments of the electric detonator casings
231
Q

What you may find at scenes of explosions: safety fuses

A

burning leaves most of the fuse in a limp state but you should be able to identify the colour and manufacturer.

the explosion may blow the fuse off its original path - can find it by looking for the scorched trail left by the fuse from the point of ignition to the centre

232
Q

What you may find at scenes of explosions: detonating cord

A

this generally leaves little residual trace but the surfaces over which it was laid may be damaged. You might find ‘cut of’’ pieces of cord that have not detonated because they have been laid at sharp angles.

233
Q

What you may find at scenes of explosions: ignitor cord

A

it often contains a thin wire and leaves a black, charred, ash-like remnant.

234
Q

What you may find at scenes of explosions: associated items

A

unused explosives wrappers and packing material

235
Q

What to remind the IED operator?

A

encourage them to use a non-destructive method of making a device safe where possible (or at least the least amount of destruction) to avoid destroying evidence.

236
Q

What does the Suspicious Fire Sampling kit contain:

A
  • 1x 4 litre tin
  • 1 x 2 litre tin
  • 1x 500mL tin
  • 2x 18” x 30” nylon bags
  • Dragon SP seals
  • 1x tissues (for absorption)
  • 1x 3ml pipette
  • 2x latex gloves (large)
  • 5x exhibit labels
  • 2 address labels
  • 1x instruction sheet
237
Q

What else might you need in addition to the Fire Sampling Kit

A
  • string
  • excavation tools
  • tweezers
  • permanent markers
  • a saw
  • a tape
238
Q

What do you need to ensure when using the Suspicious Fire Sampling kit?

A
  • the samples have not been, and cannot be, cross contaminated
  • all containers are sealed and clearly labelled
  • liquid samples are secure and isolated from other exhibits
  • the kit is forwarded as a unit
  • the package is correctly addressed
239
Q

What to do with liquid samples from an explosion?

A
  • Do not forward liquid samples in anything other than the bottles provided - ensure the tops are tightly fastened. Clean the surface of the bottles and place them in the polystyrene box.
    -Where possible, hand deliver all samples
  • where hand delivery is not possible post under separate cover in a NZ Post Handibag
240
Q

What to o with liquid residues from an explosion?

A
  • Uplift liquid residue with a clean dropper pipette and treat as a liquid sample
  • Alternatively, absorb them into a tissue and place it in a tin
241
Q

What to do with debris from an explosion?

A

Where possible, send debris in tins. Forward larger items under separate cover.

242
Q

How / where to report the Bomb/Explosive/IED incident?

A

located through the ‘create notification’ through the Panui. Designed to report
- bombings and accidental / deliberate explosions, including safe crackings
- attempted bombings
- molotov cocktail attacks (fire bombings
- hoax devices
- bomb threats
- suspicious packages
- explosives that have been stolen or recovered
- unlawful possession of explosives
- any other explosive related incidents

243
Q

How does rural fire investigation differ to urban?

A
  • a fire investigator will not necessarily be a rural trained fire investigator
  • initial investigations are handled by the Rural Fire officer (employee of the local council or DOC)
244
Q

Were rural fires historically investigated for criminal liability?

A

No - they were investigated only to recover costs for suppression and / or property loss.

245
Q

A rural fire requiring investigation will be :

A
  • where the rural fire authority intends to make a claim under the rural fire fighting fund
  • where negligence has been shown by a person or party . these are normally dealt with under the Forest and Rural Fires Act however Crimes act should not be discounted.
  • all suspicious fires
  • multiple fires start in an area for no apparent reason
  • any fires that may provide the rural fire authority with information and assist with their prevention and investigation
246
Q

Who should the investigation team ( at a minimum) include?

A
  • a property trained fire investigator
  • a Police investigator responsible for interviewing and securing exhibits
247
Q

what are some examples of other parties that could be involved in a rural fire invesitgation?

A
  • local council
  • DOC
  • Local rural fire officer
  • Meteorologist
  • Electrical engineer
  • Insurance agency / loss adjusters
  • Privately initiated rural fire investigators
  • any relevant specialists
248
Q

What is important to consider when dealing with rural fire scenes?

A

Security and preservation, due to the size of fire scenes.

The investigation team need to respond to a rural fire as soon as possible to ensure ecene security given the amount of people involved in the suppression of the fire.

249
Q

When is disclosure of criminal records in respect of fires allowed?

A

If you believe the joint investigation would be significantly enhanced by including their criminal records in joint briefings, you must find out whether they are an ‘eligible individual’ for clean slate.

250
Q

If a suspect is an eligible individual for clean slate then you :

A

must not disclose their criminal record as they are deemed to have no criminal convictions

251
Q

If the suspect is not an eligible individual for clean slate then you may:?

A

disclose the criminal record and information about it to Fire Service Personell

252
Q

It is important to establish who owns the buildings and property of a scene. This could include?

A
  • the insurance company acting as an owner on a claim
  • more than one insurance company depending on number of occupiers
  • the building owner - owns the structure and permanent fixtures
  • tenants - owning personal items (furniture, appliances etc)
253
Q

Do you permit private investigators into the scene?

A

Not until Police and Specialist investigators have completed their investigation

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