arson Flashcards
criminal law is broken up into two types of intent… they are…
(definition of intent)
deliberate act, specific outcome.
whose responsibility is it to provie intent?
Prosecution.
circumstantial evidence to which an offenders intent may be inferred
Actions/words before, during, after.
surrounding circumstances
nature of act itself.
proving recklessness is broken up into two parts…
- they conscioulsy and deliberately ran a risk (subjective)
- the risk was unreasonable given the circumstances (objective- based on whether a reasonable person would have taken that risk)
what is fire the result of
combustion- a chemical reaction between fuel and oxygen triggered by heat.
definition of an explosive
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
examples of explosives
ammunition
cartridges
detonators
dynomite
flares
gunpowder
rockets
are firearms and fireworks considered explosives?
no, neither of them meet the legal definition of an explosive
can you damange intangible property by fire or explosive?
you can damage it indirectly. for example damaging a computer where information was stored and now it is irritreviable
In the context of 267(1) what does danger to life mean
a human life other than the defendants.
what is not considered a vehicle
push chair.
shopping trolley.
wheel barrow.
pedistrian powered lawn mower.
wheelchairs without motors.
does tenancy count as a persons interest in a property?
yes, a tenant cannot be convicted of recklessly damaging the tenanted property by fire.
Though they can be convicted if they intentionally caused loss to any other person or knew that danger to life was likely to ensue.
define person/owner
Board,
company,
crown,
public body,
local authority,
society
to be guily of an attempt you must
intend to commit the offence
take real and substantial steps towards achieving that aim
section 72 attempts
everyone who has
an intent to commit an offence
does or omits an act
for the purpose
of accomplishing his object
is guilty of an attempt
whether or not in the circumstances
it was possible to commit that offence
to be guilty of an attempt the defendant must have…?
progressed past the stage of preparation and commenced actions to intended to commit the full offence
american model penal code examples of an attempt
- enticing the victim to go to the scene of the contemplated crime
- lying in wait, searching for or following the contemplated victim
- possession, collection or fabrication of materials to be employed in the commission of the crime
- reconnoitring the scene of the contemplated crime
- soliciting an innocent agent to engage in conduct constituting an element of the crime
- unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters.
-access to fire scene
-handover of fire scene.
-ID / collection of exhibits
- process for examination/investigation
proving knowledge in providing explosives to commit an offence
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.
Providing ‘explosives’ covers what kind of items
covers dangerous engines and instruments and things; devices intended to explode or cause fire or emission of noxious things.
Possession of explosive device re Section 272 Crimes Act 1961 Providing explosives to commit an offence
(intent)
made it or possess it with intent for it to be used by another person.
They do not need to know the ID of that person or how it will be used.
In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.
− witnesses’ reports
− when they first noticed the fire and where they were at the time
− the state of the fire at that time
− wind direction and speed, weather
− the direction of spread
− the colour of the flames and smoke
− severity of the damage
− depth of charring
− the presence of starting devices
− reports and opinions from other specialists.
List examples where carelessness may cause a fire.
− misusing electricity
− children playing with matches, cigarette lighters and so on
− burning off paint
− vagrants lighting fires
− welding and other industrial processes
− leaving clothes near heating
− wrapping up live ashes in paper
− ironing
− setting off fireworks
− using or storing flammable materials
− burning rubbish
− using domestic or camp fires
− leaving a stove or heater on
− leaving fat unattended while cooking
− smoking
List examples of material used to start a fire.
− candles
− chemical igniters
− electrical apparatus (irons, heaters etc)
− electric matches
− matches and cigarettes
− Molotov cocktails
− readily available combustible material
- rubbish
− timing devices
− trailers
Detail the Police responsibilities at a fire scene examination and investigation.
− 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 such material is the responsibility of Police or other agency.
Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site.
(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:
(e) cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards
ARSON (danger to life) 267(1)(a) CA
Intentionally
or recklessly
Damages by fire or
damages by means of explosive
any property
if he or she knows or ought to known that danger to life is likely to ensue.
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,
DAMAGES BY FIRE
DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
DAMAGES BY MEANS OF EXPLOSIVE
DEF:
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
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY PROPERTY:
real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest
IF THEY KNOW OR OUGHT TO KNOWN THAT DANGER TO LIFE IS LIKELY TO ENSUE
DANGER TO LIFE
DEF:
Human life, other than the defendants.
KNOWLEDGE:
DEF:
knowing or correctly
believing”. They may believe something wrongly, but cannot ‘know’ something that is false”.
ARSON (vehicle/immovable property) 267(1)(b) CA
Intentionally
or recklessly
WOCOR
Damages by fire or
damages by means of explosive
any Immoveable property or vehicle or ship or aircraft.
In which that person has no interest
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,
CLAIM OF RIGHT
DEF:
belief at the time of the act in proprietary or possessory right to property though that beleif may be based on ignorance or mistake or on any matter of law.
DAMAGES BY FIRE
DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
DAMAGES BY MEANS OF EXPLOSIVE
DEF:
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
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY IMMOVEABLE PROPERTY:
PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)
VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.
SHIP
DEF: any vessel used for naviagation however propelled.
AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.
NO INTEREST
CASELAW:
R V WILSON
Tenancy of a property constitutes as interest.
ARSON (Cause loss/ obtain benifit) 267(1)(c) CA
Intentionally
or recklessly
Damages by fire or
damages by means of explosive
any Immoveable property or vehicle or ship or aircraft.
with intent to obtain any benifit or cause loss to any person
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,
DAMAGES BY FIRE
DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
DAMAGES BY MEANS OF EXPLOSIVE
DEF:
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
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY IMMOVEABLE PROPERTY:
PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)
CASELAW:
R V WILSON
Tenancy of a property constitutes as interest.
VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.
SHIP
DEF: any vessel used for naviagation however propelled.
AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.
WITH INTENT TO OBTAIN ANY BENIFIT OR CAUSE LOSS TO ANY OTHER PERSON
OBTAIN
DEF: to obtain or retain from oneself or for another person.
BENIFIT:
DEF: Any Benifit, pecuniary advantage, privilege, property, service, valuable consideration.
LOSS
DEF: financial detriment to the vicim
CASELAW:
R V MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.”
PERSON
DEF: includes real people/ companies/ organisations.
max penalty for arson
14 years
max penalty for attempted arson
10 years
Attempted Arson Section 268 Crimes Act 1961
ATTEMPTS
TO COMMIT ARSON
IN RESPECT OF ANY
IMMOVEABLE PROPERTY
OR VEHICLE
OR SHIP
OR AIRCRAFT
ATTEMPTS
DEF:
everyone who has
an intent to commit an offence
does or omits an act
for the purpose
of accomplishing his object
is guilty of an attempt
whether or not in the circumstances
it was possible to commit that offence
CASELAW
R V HARUR :
The Court may have regard to the conduct viewed cumulatively and [may] be considered in its entirety.
Considering how much remains to be done … is always
relevant, though not determinative.”
TO COMMIT ARSON
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,
DAMAGES BY FIRE
DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
DAMAGES BY MEANS OF EXPLOSIVE
DEF:
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
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY IMMOVEABLE PROPERTY:
PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)
VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.
SHIP
DEF: any vessel used for naviagation however propelled.
AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.
Intentional damage 269(1) CA 1961
(10 yrs)
INTENTIALLY
OR RECKLESSLY
DESTROYS
OR DAMAGES
ANY PROPERTY
THEY KNOW
OR OUGHT TO KNOW
DANGER TO LIFE
IS LIKELY TO RESULT
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,
DESTROYS OR DAMAGES
DEF:
by any means whatsoever other than fire.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY PROPERTY:
real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest
IF THEY KNOW OR OUGHT TO KNOWN THAT DANGER TO LIFE IS LIKELY TO ENSUE
DANGER TO LIFE
DEF:
Human life, other than the defendants.
KNOWLEDGE:
DEF:
knowing or correctly
believing”. They may believe something wrongly, but cannot ‘know’ something that is false”.
Intentional damage 269(2)(a) CA 1961
(7 yrs)
INTENTIALLY
OR RECKLESSLY
WOCOR
DESTROYS
OR DAMAGES
ANY PROPERTY
IN WHICH THEY HAVE NO INTEREST
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk
CLAIM OF RIGHT
DEF:
belief at the time of the act in proprietary or possessory right to property though that beleif may be based on ignorance or mistake or on any matter of law.
DESTROYS OR DAMAGES
DEF:
by any means whatsoever other than fire.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY PROPERTY:
real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest
IN WHICH THAT PERSON HAS NO INTEREST
CASELAW
R V WILSON:
Tenancy of a property constitutes an interest.
Intentional damage 269(2)(b) CA 1961
(7 yrs)
INTENTIALLY
OR RECKLESSLY
WOCOR
DESTROYS
OR DAMAGES
ANY PROPERTY
WITH INTENT
TO OBTAIN
ANY BENIFIT
OR CAUSE LOSS
TO ANY PERSON
INTENTIONALLY
DEF:
deliberate act, specific outcome.
CASELAW:
R V COLLISTER
Intent inferred by circumstance
RECKLESSLY
DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.
CASELAW:
CAMERON V R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk
DESTROYS OR DAMAGES
DEF:
by any means whatsoever other than fire.
CASELAW:
R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.
ANY PROPERTY:
real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest
WITH INTENT TO OBTAIN ANY BENIFIT OR CAUSE LOSS TO ANY OTHER PERSON
OBTAIN
DEF: to obtain or retain from oneself or for another person.
BENIFIT:
DEF: Any Benifit, pecuniary advantage, privilege, property, service, valuable consideration.
LOSS
DEF: financial detriment to the vicim
CASELAW:
R V MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.”
PERSON
DEF: includes real people/ companies/ organisations.
what will the fire service inform police of?
if it resulted in a death
If it is a suspicious fire.
What is a FILO
Fire investigation liasion officer
the FILO’s responsibility?
‑ 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
- maintain 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/ queries
- ensure communication is maintained with the Police National Fire Investigation Co‑ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate
‑ co‐ordinating fire investigation training police
what do specialist fire investigators attend? (Fire and Emergency)
‑ fatal fires
‑ fires where serious (life threatening) fire‐related injury has occurred
‑ structure fires where the cause is suspicious or cannot be determined
‑ significant fire spread across a property boundary
‑ fires in buildings where built‐in fire safety features have failed, or not performed to known or expected standards
‑ structure fires of 3rd alarm equivalent (at least six appliance) or greater, that may have a significant regional or national consequence
‑ any other fire, upon request from Police or another agency
how many fire investigators will attend and support an investigation if it resulted in a fatality/ life threatening injury?
A minimum of two.
what is a FSILO
Fire Service Investigation Liaison Officers
what are Fire Service Investigation Liaison Officers responsible for?
‑ 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/areas
fire scene control, notification and hand over.
(six stages)
- fire and emergency have control over an active fire. they will hand over scene once the fire is extinguished and there is no threat to life.
- They will notify police if it is a suspicious/ unknown cause or if it was a fatal fire/ life threatening injury occured.
- when police attend a fire scene, the designated police investigating officer will confer with the incident controller and seek authority to take over scene.
- Fire and emergency will not normally handover a fire scene until the danger of fire/ structural collapse/ exposure to dangerous products of combustion/ other fire related hazards have been identified/ eliminated/isolated/minimised.
- multi agency fire scenes require an investigation plan prior to any investigation.
- investigation plan will include an outline of how the investigation will proceed and the role of each agency.
are fire and emergency staff allowed to enter the scene once police have taken over the scene.
at police discretion.
what will the specialist fire investigator liaise with the fire investigations liasion officer about?
4
Hand over of scene.
access to scene.
process for examination and investigation.
ID and collection of evidence.
what is Police responsibility at a fire scene?
criminal investigation or coronial enquiry.
protection, collection and recording of forensic evidence.
examples of fire scen hazard injuries
‑ Inhalation of toxic substances e.g. car fires emit particularly toxic and harmful gases
‑ Ingestion of particles etc.‑ Cuts/wounds from sharp objects
‑ Air borne dusts, particles etc.
‑ Tripping on fire debris‑ Falling down, over, onto or into any obstructions or cavities
‑ Items from above falling onto you or hitting objects and
how do identify the best way to manage hazards
assess each possible hazard.
create a strategy for managing hazard.
checking floors for hazards
Floor burns maybe evidence of the presence of accelerant although testing will be required. If possible look under the floor to see if it is
suitable for walking on
checking stairs for hazards
Check underneath them to ensure they are safe to carry weight. Walk on the wall side of the stairs for both forensic (footprints) and
safety reasons.
checking roofs for hazards
A fire that has been ‘held’ internally may result in an unstable roof, requiring it to be removed prior to investigation
what PPE should you wear to a fire scene
‑ gloves
‑ heavy duty footwear with steel soles and toe caps
‑ Helmet (that complies with the relevant safety standard)
‑nose and mouth filter, a full‐face respirator or full BA (if required and qualified)
‑ Overalls
‑ safety glasses
four most common materials used in buildings
concrete
Masonary
timber
steel
minimising risk - timber buildings
will normally burn and char.
if members are thick enough, maintain sufficient integrity.
When entering a timber structure, take note of the thickness of structural members, the load it is carrying, and any sound emanating from structural members.
minimising risk- steel
initial stages of a fire- unprotected steel will expand causing external and internal walls to be pushed out.
if there is sufficient fuel available, the unprotected steel will lose strength and collapse, pulling walls inwardly.
When heated steel is cooled it tends to contract and may:‑
fall off supports
loosely remain intact but collapse during excavation or movement of items with little or no warning.
Important: pay particular attention to the location and condition of steel beams and trusses etc.
what happens if steel is heated to 1600 degrees
it will be reduced to less than 10% of its original strength
minimising risk- concrete
concrete/ tilt slab construction, is the most unpredictable as it can be affected by extremely low fire temperatures,
It will topple like a deck of cards, in all directions. When subjected to fire, concrete can break away at the surface (spalling), and steel reinforcing may be exposed to sufficient heat to lose its tensile strength.
Look for-
concrete spalling
cracking
discoloured areas of concrete such as blue or green
exposed steel in concrete.
check if tilt slab fixing reinforcing construction fixings are the fixing cleats exposed or grouted
what is spalling (concrete
is created when heat causes expansion of trapped moisture resulting in a steam explosion. Reinforcing steel at 1000 degrees retains only approximately 50% of its original strength therefore concrete can fail
minimising risk- masonary
can be weakened by:
damage to supporting or connected structural members
deterioration of the mortar expansion of the wall
Visible signs of damage or weakness include
bowing/ collapse/ leaning of supporting floors or roof frames.
cracking.
who is in charge while the fire is being fought?
The person in charge from fire and emergency
Police must comply with their instructions during an active fire.
what powers does s28 fire service act 1975 give fire and emergency?
anything else that is reasonably necessary for the protection of life and property
close roads
private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
remove people who are in danger or interfering with operations, (using reasonable force if necessary)
remove vehicles impeding the Fire Service. (If necessary, they can break into the vehicles for that purpose)
use of fire powers by police
Police may use these powers if directed by person in charge of fire and emergency
(police must be directed- you cannot use powers just because you are present at the fire)
who will ensure scene security during an active fire?
Fire service
Scene security considerations for Police are:
ensuring the scene is not interfered with
exclusion and control of on‐lookers, property owners and other interested parties
preserving evidence
preventing looting.
what should police look out for while at a fire scene?
be aware of re‐ignition from hotspots after the fire is extinguished
be vigilant and watch for possible suspects
identify any witnesses among onlookers and passers-bys.
by report all matters of significance to the OC/ scene coordinator
what to consider when preserving the scene
liaise with fire incident commander re limitting operations within area of origin.
consider the number of personnel inside the structure- are they all necessary?
stop fire crews from moving/removing debris after the fire has been put out.
SCOPE
how much of the area needs to be preserved?
ie, single room/whole house/ surrounding area + house.
CORDON
identify centre of scene.
tape off outside what is considered to be the most obvious item of evidence that is furtherst away from the centre of the scene.
large scenes- use the natural boundaries to dictate your zones.
Make cordon as wide as practical.
COMMON APPROACH PATH
All traffic should be limited to the path that will keep disturbance of the scene to a minimum
Ideally the investigator should identiy the path before any other foot traffic enters.
WHEN IT IS DIFFICULT TO PRESERVE THE SCENE.
sometimes demolition is required due to safety- try and record the scene prior to deomolition with:
sketches
photographs
plans
video recordings.
STORAGE OF REMOVED SPOILS
clear warm area of scene if practical and clearly mark what spoils are from where in your scene.
Personnel who might be used at a fire investigation.
PERSONNEL
-specialist fire investigator (at all fire scenes.)
others to consider:
accountant
agrticultural expert
building inspector
civil aviation inspector
ESR scientist
explosives inspector
fingerprint officer
fire investigations liaison officer.
forensic photographer
forensic mapper
forestry expert
heating engineer
insurance asssessor
marine surveyor
meteorologist.
mines inspector
pathologist
rural fire investigator
scene of crime officer
vehicle inspector
Who does the OC Investigator need (appointments)
crime scene coordinator
exhibit officer
scene examiner
what is a systematic approach to examine a scene
starting from the outside (undamaged area) and working your way in to point of origin
setting up a clear area for materials to be removed during search because?
it helps avoid cross contamination
what does point of origin mean?
a component failed
a fire was maliciously lit, or
an accidental fire originated.
what should an external investigation take into account
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 distance debris was scattered, particularly if drums or cylinders have exploded.
The surrounding area of the involved premises may reveal:
accelerant containers
business appears to be struggling.
contents of outbuildings missing
property run‑down
The damaged structure itself may reveal:
burn patterns above doors and windows and “V” shaped burn patterns on external cladding
jemmy marks or other signs of forced entry on windows or doors
window glass broken before the fire was ignited
preliminary internal examinations:
should involve a slow walk through the premises, from the area of least damage to that of most
damage, taking note of indicators such as:
building areas in need of repair
burn patterns
forced entry into an empty till
lack of clothing in wardrobes and drawers
low stock levels in commercial premises
missing family photographs/ furniture/personal
open filing cabinets or missing files
owner/occupier attitude during walk through (if access is permitted)
position of clothes if not in wardrobe or drawer
presence of accelerant containers or trails
rifled premises
separate unrelated seats of fire
signs of hardship (empty flats, shops to let, etc.)
items.
unusual odours
what should you do after your preliminary walk through?
hold a conference to come up with plan of action
where you will document decisions/ set timings and roles.
detailed internal investigation
you will accompany the Specialist Fire Investigator while they complete a detailed
examination of the scene.
examination they will observe, note and take into account a number of observations including:
damage to roofing timbers
damage to wall studs
damage to windows sills and door edges
elimination of false low burns
floor areas burned through skirting board damage
removal of fire debris
smoke deposits and burn patterns
soot deposits on window glass and craze patterns
spalling (the cracking or chipping of concrete as a result of being heated and cooled)
under floor inspection.
what is crazing?
small cracks formed on glass created by rapid heat / rapid cooling.
Specialist Fire Investigator might use the police investigator as what during the physical investigation?
a scribe.
what will a Specialist Fire Investigator be able to ascertain at the end of their examination
area of origin
point of origin
the seat of the fire.
evidence of accelerants may include:
burning under or behind boards where the liquid has run through the cracks
containers
multiple seats of fire
smell
traces in debris
uneven burning
unusually rapid spread or intensity of fire
In determining the seat of the fire, the Specialist Fire Investigator will consider:
colour of the flames and smoke
depth of charring (probing may indicate where the fire has been burning or smouldering the longest)
direction of spread
presence of ‘starting devices’
reports and opinions of other specialists.
severity of the damage (fire and heat usually rise, the area at the lowest level of burning with the most severe damage is often the place where the fire started)
state of the fire at that time
weather
wind direction and speed
witness’ reports- when they first noticed the fire, and where they were at the time
evidence of intentional interference
evidence of intentional removal of valuable property, or substitution of property
foreign material and objects, such as screws/batteries, that might be part of a device
hindering access
inconsistencies (for example, that the fire is rapid burning but there is no obvious cause)
misdirecting fire fighters
tampering with the alarm or sprinkler system
signs a crime had been committed
signs that furniture was rearranged to create a fire base
signs that a heater, soldering iron or other electrical appliance has been left on
signs that windows and skylights were opened to create a draught
unusual burn patterns or unusual time factors
steps when dealing with exhibits
- photograph in situ
label exhibits
preserve in containers - Use approved fire investigation/arson kits if these are available
- take control samples.
charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
any accelerants found near the scene
soil from the surrounding area.
Prelim with owner
prelim with owner
-when was the premises last secured and by whom.
-do they know the cause of the fire?
- details for any suspects.
-details for any insurance.
-type of business.
-actions leading up to fire.
note their demenour.
-why are conferences held?
assessing information obtained
establishing possible motives
identifying suspects
planning further enquiries.
reconstructing
People attending conferences could include:
crime scene co‐ordinator
fingerprint technician/SOCO
Fire Investigation Liaison Officer
investigating officers
OC CIB
OC Investigation
other specialists as required.
Specialist Fire Investigator
Police photographer
who chairs a conference?
Fire Investigation Liaison Officer
the crime scene co‐ordinator
senior Police employee present.
initial action at scene for police.
- briefly interview informant
- secure and control scene.
- initial interview of specialist fire investigator (if present) or the OC of the first fire appliance to attend the scene.
4.Interview the incident controller at the scene and find out:
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 building’s security
what alterations they have made to the scene
whether they think the fire is suspicious, and why
their opinions of the informant
details of people or vehicles acting suspiciously in the vicinity.
- If the fire is extinguished, ensure safety of the scene before an initial conference is held with the Specialist Fire Investigator, Police and conduct a preliminary examination of the scene
- If deemed suspicious then re‐group and hold a briefing conference
- Confer with other staff and determine a plan of action.
Brief and deploy them to:
conduct local enquiries
guard and control the scene
identify and interview witnesses at the scene - Contact the Emergency Communications Centre and supply a SITREP. Ask for assistance if necessary and the attendance of specialists such as Fire Investigation Liaison Officer, Police
photographer and fingerprint technicians.
.
people at the scene that you might consider interviewing:
Interview witnesses, including:
employees, including cleaners and casual staff
fire fighters
local Police patrols
neighbours
occupants and their visitors
other Police and security staff
owners
passers‐by
person(s) who found the fire, raised the alarm and informed Police or Fire
reporters and photographers.
spectators
vendors and delivery people
Ask about suspects and/or other people’s movements and people who have left the scene. Also consider sourcing media footage to
identify persons at the scene
How might you ID a suspect?
- you may identify the suspect via.
circumstances of fire
enquiries at prisons/ phych wards/rehab centres/schools.
fingerprints
fire crews info on people who regularly attend fires.
informant/witness information
media response
police resources
fire involving explosives initial action
- remember there might be a second explosive device.
- do not use cell phones, radios, transmitting devices at scene.
- evac scene at least 100m away.
ensure people take their personal items with them.
consider using a search dog to locate device. - if IED located obtain assistance from IED operator through department of labour or a expert through defence.
- give regular STREPS to comms.
examining the scene of a fire involving explosives.
- when scene declared safe , conduct scene examination.
use videos and photographs - remember to continually reconstruct.
- request suitably experienced ESR analyst.
identifying explosives
and w hat you might do and look for at the scene
- priortise locating the explosive used.
the experts might be able to ID the type of explosive from an examination of the damage created. - low powered explosive will explode in a general manner causing damage and spreading debris over roughly the same distance in all directions, though a low powered explosive confined, ex pipe, will become a high powered explosive.
- Explosives that explode at a rate of 1200 ‐ 5000 metres per second (mps) are characterised by the fact that damage occurs in a ‘least line of resistance’ pattern. This means that windows, doors and light walls blow out.
- 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 the directional blast are not as seriously
damaged as might be expected. A person who is experienced in explosives can make an IED that will perform in this way. - modern explosive residues are often slight and dissipate rapidly, the OC scene may need to authorise the 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 approved stepping plates (this may involve some exhibits being trampled underfoot)‑ have the ESR analyst start swabbing the area immediately (work outwards from the seat of the explosion)
vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue.
Ensure that the items used (including tools and so on) are all carefully cleaned before use.
Discuss the avoidance of cross contamination with the ESR analyst.
- It may also 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.
- record your impressions of any odours you detect.
linking suspects to scenes- explosives
look for fingerprints and handwriting samples.
IED operators may be able to ID the ‘signature’ of the offender as they often create IEDs in the exact same way on each occasion.
bombers often create bombs from their home or from workshops- consider what evidence would be at these addresses to link them to the the bomb.
do not overlook tool marks, footprints etc.
seek advise from an explosives expert before conducting a 4X.
bodies located at the scene
Explosions
obtain the services of a experienced pathologist.
individuals may be dismembered at scene from the blast or shrapenal within the vicinity of the explosion.
a sharp directional blast may only cause damage to one part of the body, oppsosed to the whole body.
consider x-rays to locate evidence within the body.
when ID’ing suspects consider suicide / terrorist attacks as motives.
reconstructing explosions
If you are unable to identify the explosive using scientific analysis, consider reconstructing the explosion.
Reconstructive explosions must be carried out only:‑
under the supervision of the OC Scene
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.
(if possible video /photograph the reconstruction)
explsions- what to look for
a smell peculiar to the exploded material (for example, the smell of almonds is often associated with explosive or exploded
material)
cratering
overlay of dust
shrapnel marks
shredding of materials
spread of debris
how do gas explosions differ to explosions caused by explosives
Explosions caused by gas generally cover a wider area than those caused by explosives, and they do not leave a crater.
Lighter‐than air gases such as hydrogen will create an outward blow at the top of a wall,
heavier‐than‐air gases blow out at the bottom of a wall.
what to look for with containers used in explosions
You may find pieces of the device’s container scattered a considerable distance from the explosion centre
what to look for non electric detonators
You may find
‘delay setting’ tag from the lead wire
fragments of the electric detonator casing (although this is highly unlikely).
lead wire which may help identify the type of detonator used
neoprene plug
remaining wire is often referred to as ‘fly wire
short‐circuiting shunt- a small piece of plastic that is removed from the wires before they are connected into the circuit
what to look for: safety fuses
Burning leaves most of the fuse in a limp state but you should still be able to identify the colour and manufacturer.
The explosion may blow the fuse off its original path. You can find this path by looking for the scorched trail left by the fuse from the point of ignition to the explosion centre.
This will be evident even on concrete, and may leave patches of a tarry substance.
what to look for: detonating cord
Used detonating cord generally leaves little residual trace, but the surfaces over which it was laid may be damaged.
You may find ‘cut off’ pieces of cord that have not detonated because, for example, they have been laid at sharp angles.
what to look for igniter cord
Igniter cord often contains a thin wire and leaves a black, charred, ash‐like remnant. This remnant is less substantial than that of a safety fuse.
what to look for associated items.
(Explosives)
You may also find unused explosives wrappers and packing material
possible suspects may include:
Aggreived persons wanting revenge/ jealousy etc.
business competitors.
criminals covering up traces of a crime (burg/ homicide etc)
employeees
owner/occupier (insurance)
pyromanics.
pupils/ex pupils of a school set alight.
members of the fire service- excitement/ recognition.
investigate suspects thoroughly, obtain:
associates
criminal history.
full particulars
motor vehicle access.
photographs.
complete suspect enquiries to ascertain
character/MH/ movements/ behavour.
connection to scene
mens rea
motive
opprtunity
where and what might you look for during a search warrant relating the suspect?
What will you do once you find that property?
search- clothing, residence, workplace, vehicle for:
accelerants.
containers.
igniters.
wick fabric
traces of debris
photograph evidence
be alert for signs that they have been at a fire…
burnt fair, smells of smoke, debris, residue of accelerants on skin,
provide property sheet.
exhibits, secured, labeled, and uplifted by exhibits officer.
