Arson Flashcards
When must the fire service report a fire to police?
3
1) Serious injury
2) Death
3) Considered suspicious
What should you look for at a scene involving explosives?
6
1) Cratering
2) Smell of Almonds
3) Debris – Spread
4) Overlay of dust
5) Shredding of material
6) Shrapnel Marks
What enquiries should you carry out with insurance companies following a fire?
(5)
1) Previous claims
2) Details of claim - Particulars
3) Copies of policy
4) Value of premises
5) Increase in cover
Initial Action – First People to interview
3
1) Informant – maybe suspect/offender
2) Fire service inspector – or OC first fire appliance to attend
3) Incident controller
When speaking to the fire incident controller what must you ask them?
(9)
1) Call time – date – manner received
2) Which appliances attended
3) State of fire upon arrival
4) Action taken – entry/ventilation
5) Building security – how they got in?
6) Alterations to scene – forced windows
7) Suspicious – why?
8) Informant – opinions of informant
9) Suspicious person or vehicle in vicinity
Under which circumstance can a person be held criminally liable for recklessness with regards to fires?
(3)
1) If He or she Knows or ought to know that danger to life exists
2) When they have no interest in the property
3) If they know that fire is likely to damage or destroy someone else’s property
Reasons for guarding and controlling the scene?
8
(Fire extinguished) 1) Prevent looting 2) Prevent interference with the scene 3) Preserve exhibits 4) Exclude onlookers (Attending police) 1) Possible suspects 2) Witness – in crowd 3) Matters of significant 4) Hot spots – re-ignition
What 8 initial action steps must you take when dealing with fires not involving explosives?
(8)
1) Informant – Maybe offender
2) Scene – secure and control
3) Interview fire crew – inspector and attending officers
4) Interview incident controller
5) Safety of scene – fire extinguished/conference with fire inspector and police – prelim exam
6) Suspicious – hold briefing conference
7) Conference – plan of action
8) SITREP – Comm’s and Specialists
What should be done following a scene examination conference?
(3)
1) Record all decisions and why they were made
2) All considerations must be documented with a detailed Plan of Action completed that has been agreed upon.
3) A risk assessment must be documented and relayed to all persons present.
(Both Moral and legal obligation for the safety of all person at the scene)
With regard to fire scene safety, in order to identify the best method of protection, you must you consider?
An assessment of all hazards present at the scene.
Eg, inhaling toxic substances
Cuts / wounds on sharp objects
Tripping on fire debris
Objects falling from above
A strategy to prevent an occurrence from happening or mitigate its impact.
When preserving a fire scene, what THREE steps should be taken by a scene guard on arrival?
1) ID the centre of the scene
2) Set boundaries and tape off the scene, located most obvious evidence furthers away from the scene
3) In larger scenes natural boundaries could be used to dictate zones.
What is the legislation around providing explosives to commit an offence?
Providing explosives to commit an offence
Section 272 Crimes Act 1961
Not exceeding 2 years imprisonment
Knowingly has in his or her possession
Or makes any explosive substance
Or any dangerous engine, instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument or Thing.
To commit an offence
Definitions ‘Interest’?
Interest in not defined by legislation,
However the courts have held that tenancy of a property constitutes as an interest in it.
When conducting a prelim internal exam of a fire scene, where should you start?
The area of the least damage, working towards the area of the most damage
Definition: Intent?
In a criminal law context there are two specific types of intention in an offence.
1) Firstly there must be an intention to commit the act,
2) Secondly an intention to get a specific result.
What is a clean path method?
What is the clean path Method?
When a path is created to the centre of the scene by rolling clean unused rolls of plastic or using stepping plates
AND, having an analyst immediately start swabbing the area working outwards from the seat.
VERTICAL sheets of iron adjacent are often good sources of residue.
Why would a clean path method be used?
Why would it be used?
Used for explosive scenes as residues are often slight and dissipate rapidly.
OC Scene may need to authorise an expert to enter the centre of the scene before it has been fully examined.
Definition: And without claim of right
Sec 2 Crimes Act 1961
In relation to any act
Means a belief at the time of the act
In a proprietary and possessory right to property
In relation to which the alleged offence to have been committed
Although that belief may be based on ignorance
Or Mistake of fact
Or any matter of law
Other the enactment against which the
Offence is alleged to have been committed
Definition: Damages by Fire
‘R v Archer’
Although fire damage will often involve ‘burning or charring’
It is not necessary for the actual property to be set alight:
Melting/blistering of paint or significant smoke damage may be sufficient
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm ‘or’
Permanent or temporary impairment of its use or value.
Definition: Explosive
Sec 2 Arms Act 1983
Section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Included gun powder, gelignite, detonators.
DOES NOT include: Firearms and fireworks
Definition: Immovable property
Property that is currently fixed in place and unable to be moved,
Even though it may be possible to make it movable.
Definition: Property
Sec 2 Crimes Act 1961
Section 2 Crimes Act 1961
Property includes any real or personal property and,
Any estate or interest in any real or personal property,
Money, electricity and any debt,
And anything that is in action
And any other right or interest
Definition: Vehicle
Sec 2 LTA 1998
Vehicle:
Contrivance equipped with wheels, tracks and revolving runners on which it moves or is moved
Definition: Ship
Sec 2, Crimes Act 1961
Ship:
Vessel used in navigation, however propelled
Definition: Aircraft
Sec 2 Civil Aviation Act 1990
Aircraft:
Any machine that can derive support in the atmosphere from the reactions of air.
Definition: Ought to know that danger to life is likely to ensue
Life in this context means human life,
AND the danger must be to the life of someone other than the defendant.
Arson Sec 267(1)(a) Crimes Act 1961
Section 267 (1) (a) Crimes Act 1961
14 years Imprisonment
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any Property
- If He or She knows or ought to know danger to like is likely to ensure
Definition: Recklessly
Reckless means the conscious and deliberate taking of an unjustified risk.
In NZ it involves proof that the consequences complained of could have well happened,
Together with an intention to continue the course of conduct regardless of the risk.
R v Harney
Definition: If he or she knows
‘Simester & Brookbanks’
Knowing means knowing or correctly believing.
The belief must be a correct one, where the belief is wrong a person cannot know something.
Simester and Brookbanks ‘Principles of Criminal law’
Arson Sec 267(1)(b) Crimes Act 1961
Section 267 (1) (b) Crimes Act 1961
14 years Imprisonment
- Intentionally OR Recklessly
- And without claim of right
- Damages by fire OR Damages by means of explosive
- Any immovable property OR any vehicle, ship or Aircraft
- In which that person has no interest
Arson Sec 267(1)(c) Crimes Act 1961
Section 267 (1) (c) Crimes Act 1961
14 years Imprisonment
- Intentionally
- Damages by fire OR Damages by means of explosive
- Any immovable property OR vehicle OR ship OR Aircraft
- With intent to obtain any benefit OR cause loss to any other person
Definition: Obtain
Sec 217, Crimes Act 1961
Obtain
Means to obtain or retain for himself, herself or any other person
Sec 217, Crimes Act 1961
Definition: Benefit Sec 267(4), Crimes Act 1961
Benefit
(Section 267(4) Crimes Act 1961)
Any benefit, pecuniary advantage, valuable consideration, property, service or privilege
Definition: ‘R v Morley’
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
R v Morley
Definition: Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Arson Sec 267(2)(a) Crimes Act 1961
Section 267 (2) (a) Crimes Act 1961
7 years Imprisonment
- Intentionally OR Recklessly
- And without claim of right
- Damages by fire OR Damages by means of explosive
- Any property (other than property listed in subsection 267(1))
- In which that person has no interest
Arson Sec 267(2)(b) Crimes Act 1961
Section 267 (2) (b) Crimes Act 1961
7 years Imprisonment
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any property (other than property listed in subsection 267(1))
- With intent to obtain any benefit OR cause loss to any person
Arson Sec 267(3) Crimes Act 1961
Section 267 (3) Crimes Act 1961
5 years Imprisonment
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any Property
- With reckless disregard for the safety of any other property.
Definition of ‘Reckless disregard’
It must be proved that the offender intended to damage the property,
Recognising that there was a risk of damaging other property,
But proceeded regardless of the risk.
Definition: ‘R v Harpur’ - attempts.
[The Court may] have regard to the conduct viewed cumulatively
Up to the point when the conduct in question stops.
The defendants conduct may be viewed in it’s entirely.
Considering how much remains to be done is always relevant
Though not determinative.
R v Harpur
Materials used to start a fire?
- Candles
- Chemicals
- Electrical apparatus
- Molotov cocktails
- Matches/ cigarettes
- Matches – Electronic
When careless might result in fire? (5 examples)
- Welding
- Ironing
- Burning rubbish
- Smoking
- Fireworks
- Children playing with matches
- Misusing electricity
The fire service specialist fire investigator will liaise with the Police fire investigator in relation to 4 specific matters?
(HAPI)
- Handover of fire scene
- Access of fire scene
- Process of examination / investigation
- ID & Collection of evidence
In determining Seat of the fire, fire safety officer (FSO) will consider?
(WWW SS CD PR)
- Witness reports
- When first noticed the fire – where they were at the time
- Wind direction or the spread
- State of fire at the time
- Severity of the damage
- Colour of the flames / smoke
- Depth of charring
- Presence of starting device
- Reports and opinions of other specialists
Section 28 Fire Service Act 1975, ‘Powers’?
ENTER – Private property if on fire or endangered
or it is essential to preform necessary duty.
CLOSE – Roads
REMOVE – Vehicles impeding fire service
REMOVE – People in danger, interfering with Fire
Service, Operations, Using force if
necessary.
Purpose of a conference?
3
1) Forms the Basis for the scene examination
2) Risk assessment planning
3) So a detailed Plan of Action can be agreed upon
Reasons for an External Exam
5
1) Adjoining Premises
a) Accelerant containers
b) Attempts forced entry
c) Broken windows
d) Forced doors
2) Nearby Alleyways / streets / Driveways
3) Yards and buildings of fire effected property
4) Periphery of the structure itself
5) Distance debris were scattered, practically if
drums, cylinders have exploded
External exam may reveal…
ABCP
(ABCP) Accelerant containers Business appears to be struggling Contents of out buildings missing Property run down
Reasons or things of note from a Prelim internal exam
SOUPS BOMB LL
(SOUPS BOMB LL)
- Signs of hardship
- Owner / occupier attitude during walkthrough
- Unusual odours
- Presence of accelerant containers or trails
- Separate unrelated seats of fire
- Burn patterns
- Open filing cabinets / files missing
- Missing family photos / personal items
- Building in need of repairs
- Lack of clothing in wardrobe
- Low Stock
Reason for a Detailed internal exam
Things noted during internal exam.
(SSSS DDD FER)
Smoke deposits & burn patterns
Soot deposits on windows / glass
Spalling
Skirting board damaged
Damage to wall studs
Damage to roofing timbers
Damage to window sills / door edges
Floor areas burnt through
Elimination of false low burns
Removal of fire debris & underfloor inspection
Who attends conferences (Including specialists)?
7
- OC CIB
- OC Investigations
- Police Photographer
- Police SOCO + Fingerprints
- Fire investigation liaison officer (FILO)
- Specialist fire investigator
- Other specialists
Following a conference, you should then?
- Appoint Exhibits Officer
- Appoint Crimes Scene Coordinator (if required)
- Appoint Scene Examiner
- Advise Fire investigation liaison officer
At the conclusion of the examination the fire investigator will be able to determine?
1) Area of Origin
2) Point of Origin
3) The SEAT of the fire
Describe exhibit handling?
- Photograph in Situ, label and preserve exhibits
- Use Approved Arson Kits or Suitable Containers
- Take control samples:
• Charred timber, ashes from seat of fire. Examine
and compare with samples from other parts
• Any accelerants found near scene
• Soil from surrounding area.
What are the 5 modes/principles of offending?
- Modus operandi (MO)
- Motive
- Intent
- Opportunity
- Capability
Suspect enquiries..? How? Why? Areas? Information to be gathered?
1) You may identify suspects by means of:
- Circumstances of fire
- Fingerprints
- Info from informant / witnesses
- Media Response
2) Possible suspects may include:
- Owner / occupier
insurance Fraud
- Employee – Cover-up theft /
fraud
- Criminal – Cover traces of crime
- Pyromaniac
3) Investigate suspects (thoroughly and according to priority)
- Full particulars
- Criminal history + associates
- Vehicles
- Photograph
Possible motives?
Profit Fraud Jealousy Crime Concealment Excitement Vandalism Pyromaniac
Conferences must be held during the scene examination to assist with?
(5)
1) Assessing information
2) Reconstructing
3) ID Possible Motives
4) ID Suspects
5) Plan further enquires
Establishing Points of origin
In the exact location where …?
(MAC)
A Malicious fire was started
An Accidental fire originated
A Component Failed
Fire personal to interview at scene?
5
OC First attending appliance Fire Incident Controller Fire Fighters Fire safety Officer Fire investigation coordinator
Questions to ask the owner..?
When premises was last secured Whether they know the cause of the fire Details of insurance Any suspects Type of business Actions leading up to the fire
Definition: ‘R v Hallam’
Must be proved that the offender knowingly had the substance in his possession and that it was an explosive substance.
R v Hallam
Difference between Gas Explosion and somebody setting of an explosion?
Explosions caused by gas generally cover a wider area and also don’t leave a crater than those caused by an explosive.
Medical evidence in relation to gas inhaled can be present.
Explosives initial action
RICE DIC
(RICE DIC)
Regular Sit-reps to (NBDC)
Inform National Bomb Data Centre (NBDC) at PNHQ
Could be secondary explosive – DON’T TOUCH ANYTHING
Evacuate 100m zone, ensure all personal items are taken
(Consider explosive detection dog)
Don’t use cell phones or radios
If IED located, contact IED operator, consider armed services
Cool Stuff Blows Up
What do fire officers/ investigators look for in damage?
- Soot
- Smoke Damage
- Decomposition of property
Things to suggest fire was started wilfully?
Accelerants:
- Evidence of accelerants, uneven burning
- Smell of petrol or chemicals
Furniture:
- Furniture rearranged to create fire base
- Hindering access
- intentional removal of valuable property
Fire:
- Multiple seats
- Uneven burning
- Unusual rapid spread
Building:
- Windows / skylights left open for draught
- Heater, soldering iron, other electrical appliance left on
- Crime had been committed
- Evidence of tampering with smoke/sprinkler system
What effect does fire have on Timber, Steel, Concrete and Masonry?
Timber
Will normally burn and char. In most instances if thick
enough, it will maintain sufficient integrity
Steel
Initial stages of a fire, unprotected steel will expand
causing external and internal walls to be pushed out.
However, if there is sufficient fuel unprotected steel
will lose strength and collapse, pulling walls
inwardly.
Concrete
Concrete can break away at the surface (spalling)
and also collapse. Steel reinforcing may be exposed
and lose its tensile strength.
Masonry
Can be weakened by deterioration of the mortar.
Expansion and cracking of walls or damage to
structural members.
When executing the search warrant on the suspect, what should you look for?
- Accelerants
- Containers
- Igniters
- Wick fabric
- Traces of debris from the scene
- Photograph evidence in situ before it is seized (take care not to destroy any fingerprints)
- Issue a Police 268 for any property seized
Common electrical ignition sources and techniques?
• Heaters and clothing
• Electric lamp and petrol igniters
• Ignition of the main switchboard wiring by use of a
gas torch applied to the earth or neutral bars
• “Fallen” table or standard lamp in conjunction with
combustible materials
• Toaster with nearby curtains
• Leaving a pot of stew on a stove element
• Ceiling exhaust fans
Reason and things noted from a Prelim internal exam
SOUPS BOMB LL
(SOUPS BOMB LL)
Signs of hardship
Owner / occupier attitude during walkthrough
Unusual odours
Presence of accelerant containers or trails
Separate unrelated seats of fire
Burn patterns
Open filing cabinets / files missing
Missing family photos / personal items
Building in need of repairs
Lack of clothing in wardrobe
Low Stock
Intentional Damage Section 269(1) Crimes Act 1961
Intentional Damage – 10 years imprisonment
- Intentionally or Recklessly
- Destroys or damages
- Any property
- If he or she knows or ought to know that danger to
life is likely to ensue
Intentional Damage Section 269(2)(a) Crimes Act 1961
Intentional Damage – 7 years imprisonment
- Intentionally or Recklessly
- Destroys or damages
- Any property
- In which that person has no interest
Intentional Damage Section 269(2)(b) Crimes Act 1961
Intentional Damage – 7 years imprisonment
- Intentionally or Recklessly
- Destroys or damages
- Any property
- With intent to obtains any benefit OR cause loss to
any other person
Intentional Damage Section 269(3) Crimes Act 1961
Intentional Damage – 7 years imprisonment
- Intentionally
- Destroys or damages
- Any property
- With reckless disregard for the safety of any other
property
Following a conference, you should then?
- Appoint Exhibits Officer
- Appoint Crimes Scene Coordinator (if required)
- Appoint Scene Examiner
- Advise Fire investigation liaison officer
Attempted Arson
Section 268 Crimes Act 1961
Attempted Arson - 10 years imprisonment
Anyone who attempts to commit arson in respect of any immovable property, vehicle, ship or aircraft
Reason for Detailed internal exam
SSSS DDD FER
Smoke deposits & burn patterns
Soot deposits on windows / glass
Spalling
Skirting board damaged
Damage to wall studs
Damage to roofing timbers
Damage to window sills / door edges
Floor areas burnt through
Elimination of false low burns
Define ‘Reckless Disregard’
It must be proved that the offender intended to damage the property,
Recognising that there was a risk of damaging other property,
But proceeded regardless of the risk.
The police responsibilities at a fire scene and investigation are?
• Conduct the criminal investigation or coronial
enquiry
• Undertake responsibility for the protection,
collection and recording of forensic evidence
• The collection and removal of material from a fire
crime scene will only be done by police or other
agencies with the authority to remove evidence
• The preservation, analysis and subsequent
disposition of any material is the responsibility of
police or other agency
Sec 32 Fire Services Act 1975 ‘Powers’?
Police may exercise these powers under sec 28 Fire Service 1975 if called upon to do so by the member of the Fire Service in charge of the fire.
Natural Causes of Fire?
- Sunrays
- Lightning
- Static electricity
- Chemical reactions
- Rodent eating through wire
