ARSON

Question 1

What 3 things can circumstantial evidence of an offenders intent be inferred from?

Answer 1

Admissions Circumstances Nature of the act itself

Question 2

Define R v HARNEY in respect of recklessness

Answer 2

Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of action regardless of the risk

Question 3

Define and explain R v ARCHER in respect of property damage

Answer 3

“Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value” In general terms any change in an object that impairs its value or usefulness may constitute damage.

Question 4

What is the definition of fire

Answer 4

Fire is the process of combustion a chemical reaction between fuel and oxygen triggered by heat.

Question 5

What is the definition of explosive

Answer 5

Any substance or mixture or combination of substances which in its normal state are capable of decomposition at such a rapid rate as to result in an explosion or producing a pyrotechnic effect.

Does not include any firearm and any firework as defined in s.2 of the hazardous substances and new organisms act 1996

Question 6

In respect of “without claim of right” What are the four elements of belief in respect of Arson to Immovable property in which offender has no interest

Answer 6

Belief in an element of ownership or right to take or retain possession of the property. Can be another persons legal right to the property. Secondly the belief must be in relation to the property of which the offence is committed. Thirdly the belief must be held at the time of the offence. The belief must actually be held by the accused. Does not need to be reasonable but credible.

Question 7

Explain Immovable property

Answer 7

Relates to buildings and land and things growing on land such as forrests. Property that is currently fixed in place and unable to be moved even though it may be possible to make it moveable.

Question 8

When can a tennant be charged with Arson and when can’t they

Answer 8

267(1)(a) Intentionally or recklessly, damages by fire/explosives any property where they knew danger to life was likely to ensue. 267(1)(c) Intentionally damages by fire/explosive any Immovable property, vehicle, ship, aircraft where they have caused loss to another person. But not in 267(1)(b) Intentionally OR Recklessly and w/o claim of right Damages by fire/explosive any Immovable property, ship, aircraft to which they have no interest in (because court of appeal has ruled being a tenant means you have an interest in a property)

Question 9

who can be a person re 267(1)(c) and causing loss to any person

Answer 9

The crown, public body, local authority or board or any society or company.

Question 10

Explain recklessness is respect or proving Arson and Attempted Arson (268) (10 years)

Answer 10

Acting with intent or being recklessness is sufficient for Arson but recklessness is not sufficient to prove a charge of attempted arson. The crown must prove the accused intended to commit the full offence.

Question 11

To be guilty of attempted arson (268) what must be proved

Answer 11

Intended to commit the full offence. Took a real and substantial step towards committing the full offence. The act must be sufficiently proximate to the offence but they do not need to have taken all of the necessary steps.

Question 12

Legally you are allowed to set fire to your own property what are the exceptions to the rule?

Answer 12

Where there is an intent to cause loss to another person. In circumstances where danger to life was likely to ensue. In circumstances likely to destroy or damage another’s property.

Question 13

What are the four matters the Specialist fire investigator will liase with the investigating officer for:

Answer 13

Handover of the fire scene Access to the fire scene The process for examination and investigation Identification and collection of evidence at the scene

Question 14

What are the ingredients of Attempted Arson

Answer 14

268(1) 10 years Everyone is liable for imprisonment not exceeding 10 years who attempts to commit arson in respect of any Immovable property, vehicle, ship or aircraft.

Question 15

What are the ingredients of Intentional damage

Answer 15

269 (1) 10 years Intentionally or recklessly, destroys or damages any property, if he or she knows or ought to know that danger to life was likely to result 269(2)(a) 7 years Int. or Reck. & w/o C of R Destroys/damages any property in which that person has no interest. 2692)(b) 7 years Int. or Reck. & w/o C of R Destroys/damages any property with intent to obtain a benefit/cause loss to any person. 269(3) 7 years Intentionally destroys or damages any property with reckless disregard for the safety of any other property

Question 16

Ingredients of Providing explosives to commit an offence

Answer 16

272 2 years knowingly has in their possession OR makes any explosive substance or any dangerous engine/instrument/thing with intent to use or enable another to use the substance, dangerous engine, thin or instrument to commit an offence

Question 17

In respect of s.272 (Providing explosives to commit an offence) what must be proved (R v Hallam)

Answer 17

that the accused knowingly had the substance in their possession AND knew it to be an explosive substance

Rv HALLA

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

Question 18

Does the accused need to know who the recipient of the device is or what the intended offence is?

Answer 18

There is no need for the defendant to be aware either of the identity of the person who will ultimatly use the explosive or device, or of the precise nature of the offence to be committed.

Question 19

In determining the seat of fire list some of the matters the specialist fire investigator should consider?

Answer 19

Witness 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, and weather

the direction of the spread

the colour of the flames and the smoke

severity of the damage

depth of charring

the presence of starting devices

reports and opinions from other specialists

Question 20

List 5 examples where carelessness may cause a fire?

Answer 20

misusing electricity

children playing woith matches, 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 whille cooking

smoking

Question 21

List the police responsibilities at a fire scene examination and investigation?

Answer 21

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 orother 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.

Question 23

What must you prove under the offence of Attempted Arson s.288

Answer 23

The identitiy of the defendants and that they:

attempted to cpmmit arson, And;

the attempted arson was in respect to any Immovable property , vehicle, ship or aircraft

(you must prove intent, whereas arson may be a reckless act done with intent to burn or damage for attempted arson recklessness does not suffice)

Question 24

What must you prove in respect of the offence of Interferring with a fire alarm s.88 Fire Service Act 1975?

Answer 24

The identitiy of the defendants and that they;

unlawfully interferred with any fire alarm, OR

Knowlingly covered up, enclosed or concealed any hydrant so as to make its posiiton difficult to ascertain. OR

Knowingly obliteratred or removed any mark, sign or letter used to indicate the position of, or to distinguish any hydrant, OR

With intent to decieve, impersonated a member of the fire servie or volunteer fire brigade or defence fire brgade or industrical fire brigade.

(as the offences are fine only there is no pwer of arrest)

Question 25

What must you prove in respect of the pffence of Resisting or obstructing the commission s.88 Fire Service Act 1975?

Answer 25

The identitiy of the defendant and that they; resisted, deceived or knowingly obstructed the commission or any person in the exercise or attempted exercise of any power or performance or attempted performance of any function or duty conferred or imposed by this act, OR Unlawfully interferred with any equipment at or in the vicinity of a fire, suspected fire or other emergencey (offences carry a term of imprisonment and hecne power of arrest)

Question 26

What must be proved in respect of the offence of Doing a dangerous Act with Intent s.198(1)(b) and (c) and s.198(2) CA61

Answer 26

Must prove the identity of the defendnant and that they; Sent or delivered to any person OR put in any place, any explosiveor injurius substance (198(1)(b)) or device OR Set fire to any property, (198(1)(c)) With intent to do GBH. S.198(2) Must prove the identiy f the defendant and that they; With intent to injure or with reckless dissregard for the safety of others, did any of the acts refferred to in section 198(1)

Question 27

What must e proved in respect of the offene of Providing an explosive (or other dangerous item) to commit a crime s.272 CA61

Answer 27

The identity of the defendants and that they knowingly; had in their possesion or made; any explosive substance or dangerous engine, instrument or thing, AND With intent to use or enable another person to use the substance , dangerous engine, instrument or thing; to commit an offence. (the terms dangerous engine, instrument or thing could mean anything their special meaning is; in the nature of devices intended to exlode or cause fire or emmission of noxious things) the defendnant either has the thing in their possesion or makes the thing and intends the thing to be used by another to commit a crime, they need not know the identity of the other or the prcise nature of the crime to be committed

Question 28

When will the fire service notify the police about a fire?

Answer 28

If a fire results in serious injury or death, OR A fire is considered suspicious

Question 29

What does a Fire investigation liason Officer (FILO) have responsibility for?

Answer 29

Attending every fire that results in serious injury or death Co-ordinating fire investigators in the district or area. Arranging police attendance at fire scenes if required. Maintaining effective working relationships with FSILO and Fire service specialist fire investigators. Assisting areas/districts with fire investigation related queries. Ensure communication maintained with Police National Fire investigation Co-ordinator, District inteligence manager and district crime manager where appropriate. Co-ordinate fire investigation trining for police. Provide advice and expertise where needed.

Question 30

When do Specialist fire investigators get called out?

Answer 30

Fatal fires. fires where serious life threatening injuries occur (fire related) Structure fires where the cause is suspicious or cannot be determined. Significant fires spread accross a property boundary. Fires in building where inbuilt safety features have failed or not performed to known/expected standards. Structures fires or 3rd alarm equivalent (6 appliances) or greater that may have a significant regional or national concequence. And any other fire as requested byPolice or other agency

Question 31

What do FSILO's have responsibility for?

Answer 31

Arranging specialist fire investigators attendance at a scene when requested by police establish and maintain effective working relationships with relevant police FILO's.

Question 32

What is the process for fire scene control, notification and handover

Answer 32

1) Fire Service has authority over a scenewhile fire in progress. Once extinguised and threat to life or safety removed, scene must be handed to police or appropriate agency. 2) Fire will notify Police if it considers the fire deliberatly lit or cause suspicious, or fire results in a fatality or serious (life threatening) injury occurs. 3) Where Police attend a scene and seek authority a meeting will occur between the Police Investigating officer and the Incident controller to confirm the handover process. 4) Fire will not normally handover a scene untill the danger of fire, sructural collapse, exposure to dangeous products of combustion of other fire related hazards have been identified and eliminated or isolated or minimised. 5) In scenes involving multiple agencies all agencies will consult prior to any scene examination or investigation to devlop an investigation plan. 6) the investigation plan will outline how the investigation will proceed and the role of each agency.

Question 33

In the event of a multi agency examination of an extinguished fire what will the Speciailist fire investigator liase with the Investigating officer about?

Answer 33

1) handover of the fire scene 2) access to the fire scene 3) the process for examination and investigation 4) the identification and collection of evidence at the fire scene.

Question 34

While the Specialist fire investigation will investigate the origin and cause of the fire what is the polcie responsibility;

Answer 34

Conduct the criminal investigation or coronial enquiry. Undertake responsibility for the protection, collection and recording of forensic evidence

Question 35

At a fire scene what hazzards can cause injury to an investigating officer?

Answer 35

Inhalation of toxic substances eg car fires emit toxic and harmfull gasses. Ingestion of particles. Cuts and wounds form sharp objects. Air born dust particles Tripping on fire debris. Falling down, over into or onto any obstruction or cavieties. Items falling from above hitting you or objects or causing a chain reaction.

Question 36

What protective clothing must be worn by the investigating officer?

Answer 36

A suitable helmet that complies with the relevant safety standards) Overalls Nose and mouth filter, a full face respirator or BA if required. Gloves. Safety glasses. Heavy duty footware, steel cap soles and toe caps.

Question 37

What are the common methods of setting fires?

Answer 37

Candles Chemical lighters Electrical apparatus Electric matches Matches and Ciggarettes Molotiv cocktails Timing Devices Trailers

Question 38

explain the candle method for setting a fire

Answer 38

A candle is left to burn into a pile of eaily combustible material such as wood shavings soaked in accelerant. evidence may be pieces of wax or a wick

Question 39

Explain method of setting fire; chemical lighters

Answer 39

**_Potassium permanganate, sugar and glycerine_** Potassium permanganate and sure are mixed 50/50, placed in a contained nd surrounded by kindling. When the glycerine is interoduced the mixture react and burns igniting the kindling, the gylcerine may be tipped in manually or by trippping mechanism. mixture leaves a greenish coca-cola-like residue, if it is cooled it may show the purple that is characteristic of the codys crystals, some traces o the containershould remain and a trip mechanism may be found. **_Pottassium chlorate, sugar and sulphuric acid (fire fudge)_** this mixture reacts faster then potassium permanganate sugar and glycerine almost instantaneously. therefore is likly to be used with a timing device. sometime magnesium or aluminium powder is added to increase the heat. Will produce enough heat to burn through metal. A common substitue for potassium chlorate is yates universal weed killer.

Question 40

explain method of setting fire; electrical apparatus

Answer 40

Appliances are turned on in circumstances which will cause a fire. eg A bar heater turned to face a wall of item of furniture. An iron left flat on a surface. A pop up toaster with the lever tied down so that material left inside will ignite. A pan of fat or flammable liquid left on the stove, or a vat of fat in a fish and chip shop. The applaince will later be found, an electrical inspector should be able to trace the wires back through the circuit toconfirm that it was on.

Question 41

explain method of setting fire; electrical matches

Answer 41

A kind of electrical lighter designed to ignite a fast burning fuse. Similiar to an electric detonator and may be wired into an electric circuit in the same way. When fired it produces a sipt of flame sufficient to ignite a petrol saked rag.

Question 42

explain method of setting fire; matches and ciggarettes

Answer 42

A cigarette is left to burn on an exposed book or box of matches. Combustible material such as wood or wool may be left nearby. Remanents of the box or book of matches or the ciggarette filter may remain as evidence.

Question 43

explain method of setting fire; molotov cocktails

Answer 43

commonly consists of 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 relativly short flash fire. If the bottle doesn't break the area of buring is more concentrated. this is more effective in starting a fire. Cocktail may alo contain; Polystyrene beads, rubber bands, soap flakes, soap powder sugar o flour, materials that ignite on impact eliminating the need for a wick. these maybe evidence of a cocktail; traces of a wick often in the broken neck of a bottle. pieces of bottle glass either scattered or in one place. Pieces of window glass ffrom the bottles 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 floors and furniture. Evidence of rubber bands, egg white residue, gelatine or similliar substances stuck to flooring or walls.

Question 44

Explain method of setting fire; timing devices

Answer 44

Exampes are; 1) a bottle containing acid suspecded above dry ingredients and tipped by a length of cotton attached to the alarm winder on a clock. 2) acid 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 balence tips and drops the acid into the dry ingredients below. 3) Most common is the use of oncence sticks or matches cut to length to determine the timings required. 4) Electric timers can be sued to delay the start of the fire long enough to allow an arsonist time to be well away from the scene, a recovered timer may show the time that was set. Traces of acid burn and remanents of trigger mechanisms may indicate the use of a mixture.

Question 45

Explain method of setting fire; trailers

Answer 45

Trailers such as rags soaked in keosene are laid from an ignition source to the site of the intended fire. May leave traces such as burn marks in carptet or bunt vegetation.

Question 46

If a fire can be shown to have non-intential causes do police need to investigate

Answer 46

No unless results in a fatlaity and the coroner requires and investigation into the death.

Question 47

Name examples of non intentional causes of a fire; carelessness

Answer 47

Misusing electricity, buring of paint, children playing with matches/ciggarette lighters, welding and other industrial processes, ironing, leaving fat unattended whille cooking, leaving a stove or heater on, smoking, wrapping live ashes in paper, leaving clothes near heating, setting off fireworks, burning rubbish, using a domestic or camping fire.

Question 48

Name examples of non intentional causes of a fire; Faults

Answer 48

Heating systems, appliances, TV left on standby mode, Dust extractors, Fan and ventilation systems, Gas pipes and fittings, Broken power lines, Shorting or arching electrical wiring

Question 49

Name examples of non intentional causes of a fire; Nature

Answer 49

Lighting, Spontaneous combustion, Chemical reactions, Suns rays, static electricity, rodents eating through wiring or making nests out of flamable material

Question 50

Outline the procedure on arrival at an arson

Answer 50

1) Briefly interview informant remember possibility informant is offender. 2) Secure and control the scene. 3) Conduct initial intervie of Specialist fire investigator and OC of first appliance in attendance. 4) Interview Incident Controller and ascertain \* time/date of call and manner received \* what applinces attended \* State of the fire when first appliance arrived \* What action service has taken particularly in entering scene and ventilation after fire extinguished \* What information sevice has about building security \* What alterations service has made to scene eg; forced doors or windows \* Whether they think fire suspicious and why \* Opinions on the informant \* Details of vehicles/people acting suspiciously near to scene 5) If fire extinguised ensure safety before initial conferenc with specialist fire Investigator and conduct a preliminary examination of scene 6) If deemed suspicious regroup and hold a briefing conference. 7) Confer and determine a plan of action, brief and deploy staff to; Guard and control scene, identify and interview witnesses at scene, conduct local enquiries. 8) Supply SITREP to COMMS, ask for assistance and attendance of FILO, photographer and fingerprints.

Question 51

What is the purpose of inteviewing witnesses at the scene and who should be interviewed;

Answer 51

to gain knowledge about the sequence of events before, during and after the fire that may have a bearing on the investigation. Ask about susects or other peoples movements and people who have left the scene. \*person who found fire \* fire fighters \* occupants and vsitors \* Employees including cleaners and casuals \* Owners and neighbours \* Spectators and Passerbys \* Local Police and Patrols \* Reporters and photographers (Consider secuing media footage to identiy persons at scene)

Question 52

In situations where is may be difficult to preseve the scene it should be recorded how:

Answer 52

Sketches Photographs Plans Video recordings

Question 53

Describe the approach for a sucessfule fire investigation

Answer 53

A logical step by step approach commencing in the undamaged area progressivly working through to the point of origin.

Question 54

What does an external examination take into acconut:

Answer 54

1) Adjoining premises which often revela, acceleratnt containers, attempts at forced entry, broken windows or forced doors. 2) Nearby streets/driveways/alleys 3) Yards and outbuildings of the affected property 4) Periphery of the structure itself 5) Distance of scattered debris particulary if cylinders or drums exploded.

Question 55

What may an examination of the surrounding area of the involved premise reveal?

Answer 55

Acceleratnt containers Missing contents of outbuildings A run down property A struggling business

Question 56

What may an examination of the damaged structure reveal?

Answer 56

Jemmy marks or forced entry Window glass broken prior to ignition of fire Burn patterns above doors or windows or V shaped patterns on ecternal cladding

Question 57

How should a preliminary internal examintion occur and what indicators should be noted?

Answer 57

From the area of least damage to that of most take note of folloing indicators: Low stock levels in commercial premises Building areas in need of repairs Signs of hardship, empty shops or flats to let missing family photos, personal items or furniture lack of cloting in drawers or wardrobes location of clothing if not in wardrobes or drawers rifled premises opeingin filing cabnits or missing files forced entry or a missing till pressence of accelerat containerd or tails Separate unrelated seats of fire owner/occupier attitude during walk through unusual odours burn patterns

Question 58

At an arson what are the 3 steps for evidence collection

Answer 58

1) Photograph in situ, label exhibits and preserve in containers. 2) Use approved Arson Kits 3) Take control samples \*Charred timber/ashes/debris from the seat of the fire for comparrisson to other sites. \*Any accelerant found at the scene. \* Soil from the surrounding area.

Question 59

What can be evidence of a wilfully set fire?

Answer 59

1) Evidence of the use of accelerants such as: \* containers, traces of debris, smells, ususul rapid spread or intensity of fire, uneven burning, burning under or behind boards where liquid has run thorugh cracks, multiple seats of fire, 2) Evidence of intentional interferance eg; tamporing with alarms or sprinkler systems, hindering acess, miss-directing fire fighteres, 3) evidence of intentional removal of vehicles or furniture of substituting property. 4) signs furniture has been re-arranged to create a fire base. 5) signs windows or skylights left open to create a draught. 6) Signs of a crime having been committed. 7) Signs a heater, iron or other applice left on. 8) Inconsistiencies eg; rapid burning but no pobvious cause. 9) unusual burn patterns or time factors eg fire started after building secured.

Question 60

What is the process for conducting area enquiries?

Answer 60

1) Conduct area enquiries eg; by staff interviewing employees of oter warehouses to determine if there had been attempted arsons. 2) Conduct a prelim interview of property owner to ascertain: \* when property was last secured and by whom. \* whether they know the cause \* details of any suspcets in insurance policy \* typre of business \* actions leading up to the fire 3) Note owners demeanour 4) Obtain or arrange FWS from owner/witnesses/informant 5) Provide supervisor a SITREP and be prepared to speak to this at conference

Question 61

conferences must be held at the scene examination to assit with what? and who could attened?

Answer 61

Assesing information obtained reconstruction establishing possible motives identifying suspects planning further enquiries OC CIB, Crime scene co-ordinator, FILO, OC investigation, investigating officers, Specialist fire investigator, Police Photographer, SOCO/fingerprint tech, other specialists as required

Question 62

Who will chair a conference?

Answer 62

FILO, Crime scene co-ordinator, the senior Police present

Question 63

What is the best practise for packaging a body?

Answer 63

best practise is that bubble wrap is used, to secure the body parts, and they are then packaged in clearly marked wooded boxing of some form

Question 64

What are some general enquiries for (non-explosive) fires?

Answer 64

1) Submit articles for analysis to ESR as early as possible 2) Docloc and enter details of stolen property is NIA items 3) Obtain written reports, photos and plans from the Specialist fire Investigator who can supply; A CAD report, fire investigation report. 4) To stimulate flow in information and identification of suspects consider; media release, bully board notices, informing staff at line up, using a special notice if there is a pattern to the fire. 5) Plan enquires and interview; owner/occupier of premise, person who last secured building (find out what position doors and windows left in), Person who found fire (find out whether premise secure at the time, Person who gave alarm, (ascertain whether they were acting under instruction. 6) Consider area canvas and interview witnesses about; the fire, conduct of people at the fire, people loitering near the scene before the fire, any vehicles in the vicinity of the fire. 7) think about; possible motives, the victims repitation and financial position, discuss these with local police and identify possible suspects. 8) contact the insurance company promptly and obtain; the services of an assesor; to value building and damage, particulars of insurance and contents, copies of insurance policies, information on prior claims, details of any recent increase in cover or over insurance. 9) If previous similliar fires in area consider a pyromaniac and obtain directions from supervisor aboutl special partols, saturation patrols in vicinity of fires to apprehend suspect, prevention activity. 10) Inform intel section and FILO about the fire and ascertain; nominated suspects, similliar fires, other fires involving informant, owner or occupier. 11) enquiries at met centre to ascertain weather conditions at time of fire. 12) Maintain victim contacts

Question 65

what are the suspect enquiries (non-explosive related fires)

Answer 65

1) identify suspects through; circumstances of fire, fingerprints, informant/witness information, media responces, Police resources eg; intel/youth aid, Enquiries at prisons, rehab facilities, schools and psychiatric facilities. 2) Possible suspects may include; owner/occupier for isurance fraud, an employee to cover theft/fraud forgery or false pretences, a criinal to cover traces of a crime such as burglary or homicide, an aggrieved person suffering from jealousy, hatred rage, prejudice or a desire for revenge, a mentally ill pyromanic, in the case of school buildings and ex or current pupill, a member of fire service for excitment or personal recognition, a business competitior to dissadvantage a rival. 3) Investigate suspects thoroughly and according to their priority, obtain, full particulars, criminal histories, details of cars accessible to them, details of associates, photogrph. 4) Consider surveilance 5) Complete enquiries to establish suspects; oppotunity, motive, mens rea, connection with scene/crime, character/mental background/history/movements/behaviour. 6) Consider search warrant and; search suspects clothing, residence, motor vehicle, workplace and any other place evidence could be found look for; accelerants, containers, igniters, wick fabrick, traces of debris from the scene, Photograph evidecne in situ, ask for suspects explanantion of item be alert for evidence of being at scene, burnt facial hair, smell of smoke , resideue of fuels or products of combustion on skin, issue a 268 for property seized, ensure exhibtis labled, examined and uplifted by exhibits officer. 7) Interview suspect. 8) consider identification parade or montage. 9) enquiries to negate/corrborate explanation 10) Discuss evidecne with supervisor. 11) Arrest suspect and obtain; fingerprints, photographs, consider medical examination for injuries, offender report, consider a reconstruction with suspect. 12) Complete prosecution file and complete corrospondance, forward noting to FILO.

Question 66

Fires involving explosives, Detail initial action

Answer 66

1) remeber possibility there may be a secondary device at the scene including in a nearby building or vehicle, do not handle or interfere with anything unfamiliar, 2) Do not use cellphones, portable radios, or other transmitting devices. 3) Evacuate scene to a safe distinace or at least 100 mtrs. Ensure people leaving scene take their personal beleongings with them. Consider using an explosive detector dog to clear scene, 4) IF IED located imediatly obtain services of an IED operator from department of labour. If none availbe consider using defence force expert. 5) Give regular SITREPS to comms.

Question 67

What should you look for to point towards an explosive fire or be characteristic of an explosion?

Answer 67

Cratering, Spread of debris, shredding of materials, A smell pecullier to exploded materials eg the smell of almonds is oftern associated to explosive or exploded material, An overlay of dust, Shrapnel marks.

Question 68

When using a Suspicious fire sampling kit (Arson Kit) what must you ensure?

Answer 68

1) the samples have not been and cannot be cross-contaminated. 2) All containers are sealed and clearly labled. 3) Liquid samples are secure and isolated form other samples. 4) the kit is forward to ESR as a unit even if only one container has been used. 5) the package is corectly addressed.

Question 69

What are examples of a Rural fire requiring investigation?

Answer 69

1) where the rural fire authority intends to make a claim under the rural fire fighting fund. 2) Where negligence has been shown by a person or party. 3) all suspicious fires. 4) where multiples ifres start in an area with no apparent reaon. 5) Any fires that may provide the rural fire authority with assistance in prevention and investigation strategies.

Question 70

Define "claim of right"

Answer 70

IN relation to any act means a belief at the time of the act in a proprietory or possesory right to property in relation to which the offence is alledged to have been committed, allthough that beleif may be based on ignorance or mistake of fact, or any other matter of law other than the enactment against which the offence is alledged to have been committed.

Question 71

What constitutes damaghe by fire?

Answer 71

Allthough fire damage will often involve burning or charring, it is not necessary that the property is actually set alight, melting, blistering of paint, or signifiant smoke damage may be sufficient.

Question 72

What is the definition of property?

Answer 72

Property s.2 CA61 includes any real or personal property and any estate or interest in any real or personal property, money, electricity, debt and any thing in actionand any other right or interest.

Question 73

State and explain case law in relation to a tennant having an interest in a property

Answer 73

R v WILSON "It is well established a tennancy is an interest in land, where as here, the crown alledges, that damage by fire has been caused recklessly, and the person charged is a tennant of the property, or holds another qualifying interest in the property, then in the absence of any of the aggravating factors, that person cannot be convicted of arson" s.267 provides that a tennant who damages by fire they can only be liable if; 267(1)(c) intentionally damge by fire to cause loss to any other person, 267(1)(a) recklessly or intentionally damage by fire if knew anger to life was likly to ensue, in the example a tennant burnt a house down cooking meth, he was not liable for arson but instead could be liable for "permitting premise to be used for the commission of n offence against MODA s.12(1)"

Question 74

What are the powers conferred under s.28 Fire Service Act 1975?

Answer 74

* Enter private property when it is on fire or endangered or when entry is essential to performing a necessary duty. * Close Roads. * remove vehciles impeding fire service and if necessary break into thos vehicles to do it. * Remove people who are in danger or interfering with operations using reasonable force if necessary. * Do anything else that is reasonably necessary for the protection of life or property.

Question 75

At the conclusion of the internal examination what should the fire service speciliast investigator be able to determine?

Answer 75

Area of origin point of orgiin seat of the fire

Question 76

What is the general difference between a gas explosion and once caused by explosives?

Answer 76

A gas explosion generally covers a wider area and does not leave a crater.

Question 77

list the responsibilities of a scene guard?

Answer 77

Preserve evidence prevent interferance prevent looting exclusion and control of onlookers

Question 79

What observations may a specialist fire investigator make during a scene examination

Answer 79

Smoke deposits and burn patterns soot deposits on window glass and craze patterns Spalling - cracking and chipping of concrete from being heated and cooled rapidly Burning of floor areas Damage to wall studs Damage to roofing timbers Damage to window sills and door edges

Question 80

How may a conference assist you in the investigation?

Answer 80

assesing information held reconstructing establishing possible motives identifying suspects establishing lines of enquiry

Question 81

What signs should you be alert for when speaking to the suspect at a search warrant?

Answer 81

burint facial hair the smell of smoke residues of fuel and combusition on the skin

Question 82

What enquiries must you establish in relatio to the suspect of an arson?

Answer 82

opportunity motive mens rea (guilty plea) connection with the scene and crime character, mental background, history, movements and behaviour

Question 83

What injuries could be sustained from hazards at a crime scene?

Answer 83

injestion of dangerous particles cuts and wounds from sharp objects air borne dust paticles tripping on fire debris items from above falling onto you or hitting objects and causing a chain reaction