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CIB 012 - Arson - 10/21 - NHDJ27 > CIB012 Arson (no hints) > Flashcards

CIB012 Arson (no hints) Flashcards

1
Q

Give the act, section, penalty and elements for the offence of
- Arson (danger to life)

A

Section 267(1)(a), Crimes Act 1961, 14 years imprisonment

  1. Intentionally (OR) Recklessly
  2. Damages by fire (OR) damages by means of any explosive
  3. Any property
  4. If he or she knows or ought to know that danger to life is likely to ensue.
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2
Q

Give the act, section, penalty and elements for the offence of
- Arson (immovable property)

A

Section 267(1)(b), Crimes Act 1961, 14 years imprisonment

  1. Intentionally (OR) recklessly
  2. And without claim of right
  3. Damages by fire (OR) damages by means of any explosive
  4. Any immovable property (or any vehicle, ship or aircraft)
  5. In which that person has no interest.
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3
Q

Give the act, section, penalty and elements for the offence of
- Arson (obtain benefit or cause loss)

A

Section 267(1)(c) - Crimes Act 1961 - 14 years imprisonment

  1. Intentionally
  2. Damages by fire (OR) damages by means of any explosive
  3. Any immovable property (or any vehicle, ship or aircraft)
  4. With intent to obtain any benefit, or to cause loss to any other person.
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4
Q

Give the act, section, penalty and elements for the offence of
- Attempted Arson

A

Section 268, Crimes Act 1961
10 years imprisonment

  1. Every one who
  2. Attempts to commit arson
  3. In respect of any immovable property or any vehicle, ship, or aircraft.
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5
Q

Give the act, section, penalty and elements for the offence of

  • Arson (no interest - other than property referred to in ss1)
A

Section 267(2)(a), Crimes Act 1961, 7 years imprisonment

  1. Intentionally OR recklessly
  2. And without claim of right
  3. Damages by fire OR damages by means of any explosive
  4. Any property
  5. In which that person has no interest (other than property referred to in ss1)
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6
Q

Give the act, section, penalty and elements for other than property referred to in ss(1)
- Arson (obtain benefit) OR (cause loss)

A

Section 267(2)(b), Crimes Act 1961, 7 years imprisonment

  1. Intentionally OR recklessly
  2. Damages by fire OR by means of any explosive
  3. Any property (other than property referred to in ss(1))
  4. With intent to obtain any benefit OR with intent to cause loss to any other person.
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7
Q

Give the act, section, penalty and elements for
- Arson with reckless disregard for the safety of other property

A

Section 267(3), Crimes Act 1961, 5 years imprisonment

  1. Intentionally
  2. Damages by fire OR by damages by means of any explosive
  3. Any property
  4. With reckless disregard for the safety of any other property
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8
Q

Give the act, section, penalty and elements for
- Intentional damage - danger to life

A

Section 269(1), Crimes Act 1961, 10 years imprisonment

  1. Intentionally OR recklessly
  2. Destroys or damages
  3. Any property
  4. If he or she knows, or ought to know that danger to life is likely to ensue
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9
Q

Give the act, section, penalty and elements for
- Intentional damage - no interest

A

Section 269(2)(a), Crimes Act 1961, 7 years imprionment.

  1. Intentionally OR recklessly
  2. And without claim of right
  3. Destroys or damages
  4. Any property
  5. In which that person has no interest
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10
Q

Give the act, section, penalty and elements for
- Intentional damage - obtain benefit or cause loss

A

Section 269(2)(b), Crimes Act 1961, 7 years imprisonment

  1. Intentionally OR recklessly
  2. Without claim of right
  3. Destroys or damages
  4. Any property
  5. With intent to obtain any benefit OR to cause loss to any other person
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11
Q

Give the act, section, penalty and elements for
- Intentional damage - reckless disregard

A

Section 269(3), Crimes Act 1961, 7 years imprisonment

  1. Intentionally
  2. Destroys or damages
  3. Any property
  4. With reckless disregard for the safety of other property
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12
Q

Define the term property

A

Section 2, Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Only tangible property is capable of being damaged by fire or explosive

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13
Q

An element of 267(1) is that the defendant knowingly puts a person’s life at risk

What is the definition of ‘knowing’?

What two tests should be proven?

A

Simester and Brookbanks suggest ‘knowing’ means: “knowing or correctly believing. The defendant may believe something wrongly, but cannot ‘know’ something that is false.”

This provision involves a subjective / objective test in relation to the defendant’s degree of knowledge

The subjective test: - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

If there is insufficient evidence that the defendant was conscious of the risk, the next question is:

The objective test: - what would a reasonable person have thought in the circumstances? Would a reasonable person have recognised the risk?

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14
Q

Define claim of right

A

Section 2, Crimes Act 1961

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

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15
Q

Define vehicle

A

Section 2, LTA 1998

(a) means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
(b) includes a hovercraft, skateboard, skates

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16
Q

Define ship

A

Section 2, Crimes Act 1961

Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft or like vessel.

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17
Q

Define aircraft

A

Section 2, Civil Aviation Act 1990

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

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18
Q

Define interest

A

“Interest” in property is not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.

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19
Q

What is the definition of ‘danger to life’?

A

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

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20
Q

Outline the circumstances and findings of the key case law in regards to INTEREST in property.

A

In R v Wilson, the defendant was attempting to manufacture methamphetamine at his rented property. The clan lab ignited and the house burned down. In addition to drugs charges, Wilson was charged with recklessly damaging the house by fire under s267(1)(b).

The Court of Appeal ruled that he could not be convicted of arson as his tenancy of property was an interest in that property and therefore provided him with a defence.

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21
Q

Outline the legislative definition of Attempts

A

Section 72(1), Crimes Act 1961

Attempts:

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

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22
Q

Legally you are allowed to set fire to or damage your own property, however, there are exceptions to the general rule. What are these exceptions?

A
  • You intend to cause loss to someone else as a result of the fire
  • You know or ought to know that the fire will endanger life
  • You know that the fire is likely to destroy or damage someone else’s property as a consequence
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23
Q

Define benefit

A 
Section 267(4), Crimes Act 1961 
Any property, privilege, service, benefit, pecuniary advantage, or valuable consideration.

In the context of arson, this includes damage to the defendant’s own property if it was done with the intention of incurring a benefit

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24
Q

Define person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

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25
Q

Define pecuniary advantage

A

“Pecuniary advantage” means anything that improves the defendant’s financial position.

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26
Q

Define person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

Section 2, Crimes Act 1961

The legislation provides a wide definition of person to include not only real people, but also companies, public bodies, authorities and other organisations ; i.e. Police organisation is a ‘person’ under this wider definition

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27
Q

Define loss

A

Loss is not defined by statute; in most cases it will involve financial detriment to the victim.

The relevant case law is R v Morley:

‘Loss … is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.’

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28
Q

R v Morley

A

Loss … is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

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29
Q

What intent must be proven in attempts to commit arson?

A

The crown must prove that the defendant intended to commit the full act of arson, and acted for the purposes of achieving that aim.

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30
Q

To be guilty of an attempt to commit an offence, what two things must a person do?

A

The Crown must prove that the defendant:

  • INTENDED to commit the full offence, and
  • Took a REAL & SUBSTANTIAL STEP to achieving their aim
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31
Q

Section 42(2)(a-f), Fire and Emergency New Zealand Act 2017 infers powers to the person in charge of the Fire Service at a fire.

What are those powers?

A

The right to:

(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.

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32
Q

R v Wilson

A

Tenancy of a property constitutes an interest in it.

Application: interest in property

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33
Q

List five common methods of setting fires.

A
  • Candles
  • Chemical igniters
  • Molotov cocktails
  • Matches and cigarettes
  • Readily combustible material (rubbish)
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34
Q

The Fire Service Special Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other members of Police in relation to four specific matters. What are they?

A
  • Handover of the fire scene
  • Access to the fire scene
  • Process for examination and investigation
  • Identification and collection of evidence at the fire scene.
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35
Q

R v Harpur

A

’‘(The Court may) have regard to (the defendant’s) conduct viewed cumulatively up to the point where the conduct in question stops …. the defendant’s conduct (may) be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative’.

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36
Q

List seven signs that an accelerant may have been used

A
  • Containers
  • Unusually rapid spread or intensity of fire
  • Traces in debris
  • Smell
  • Burning under or behind boards where the liquid has run through the cracks
  • Uneven burning
  • Multiple seats of fire
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37
Q

What are you aiming to find out when conducting a preliminary interview of an owner or occupier of a premises?

A
  • When the premises were last secured, and by whom
  • Whether he or she knows the cause of the fire
  • Actions leading up to the fire
  • Type of business
  • The details of any suspects and any insurance
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38
Q

Characteristics of a gas explosion.

A

Gas:

  • covers a wider area
  • doesn’t leave a crater
  • lighter-than-air gases blow out at the top of a wall; heavier at the bottom
  • implosion of cabinets
39
Q

Give some examples of the characteristics of explosives damage

A
  • Cratering
  • An overlay of dust
  • Shrapnel marks
  • Spread of debris
  • Shredding of materials
  • Smell peculiar to the exploded material
40
Q

In the case of a fire involving explosives, the O/C may be required to authorise an expert to enter the centre of the scene. How should this be done?

A
  • create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates
  • have the ESR analyst start swabbing the area immediately
  • vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue
41
Q

Outline the initial action steps for a fire involving explosives

A
  1. Do not handle or interfere with anything unfamiliar.
  2. Do not use cell phones, portable radios or other transmitting devices.
  3. Evacuate the scene to a distance of at least 100m.
  4. If the IED is located, immediately obtain the assistance of an IED expert.
  5. Give regular SITREPs to Police Comms
42
Q

In what ways might suspects be identified?

A
  • Enquiries at prisons, psychiatric hospitals, rehabilitation centres and schools
  • Police resources such as Intelligence and Youth Services sections or FENZ
  • Investigation Liaison Officer
  • Circumstances of the fire
  • Media response
  • Information from fire crews on people who regularly attend fires
  • Information from informants and witnesses
  • Fingerprints
43
Q

List 10 factors to consider when determining the cause of the fire?

A
  • foreign material and objects, such as screws/batteries, that might be part of a device
  • inconsistencies
  • unusual burn patterns or unusual time factors
  • evidence of accelerants
  • evidence of intentional interference
  • evidence of intentional removal of valuable property
  • signs that furniture was rearranged to create a fire base
  • signs that windows and skylights were opened to create a draught
  • signs a crime had been committed
  • signs that a heater, soldering iron or other electrical appliance has been left on
44
Q

What does the Specialist Fire Investigator consider when determining the seat of the fire?

A
  • witness reports
  • direction of wind and its speed and the weather
  • direction of spread
  • damage severity
  • colour of the flames and smoke
  • charing depth
  • ‘starting devices’ present
  • specialists’ reports and opinions
45
Q

What will the Specialist Fire Investigator be looking for when you accompany them on a detailed internal investigation? List 10 pointers.

A
  • spalling
  • soot
  • smoke deposits and burn patterns
  • deposits on window glass and craze patterns
  • damage to skirting boards
  • damage to wall studs
  • damage to roofing timbers
  • damage to window sills and door edges
  • floor areas burned through
  • elimination of false low burns
46
Q

What 14 indicators should be noted during a preliminary internal examination?

A
  • Position of clothes if not in wardrobe or drawer
  • Open filing cabinets or missing files
  • Low stock levels in commercial premises
  • Accelerant containers or trails present
  • Rifled premises
  • Hardship signs
  • Owner/occupier attitude
  • Unusual odours
  • Separate unrelated seats of fire
  • Entry forced into an empty till
  • Burn patterns
  • Lack of clothing in wardrobe, drawers
  • Areas of building needing repairs
  • Missing family photos, furniture, personal items
47
Q

What may be found in an examination of a damaged structure?

A
  • Jemmy marks or other signs of forced entry
  • Window glass broken before fire
  • Burn patterns above doors/windows and V burn patterns on external cladding
48
Q

What is the point of origin?

A

The exact location at which:

  • a component failed
  • a fire was maliciously lit, OR
  • an accidental fire originated
49
Q

What needs to be taken into account during an external examination?

A
  • Periphery of structure itself
  • Adjoining premises which often reveal accelerant containers, forced entry attempts, broken windows, forced doors.
  • Yards and outbuildings
  • Nearby alleyways/streets/driveways
  • Distance debris scattered, particularly if drums or cylinders have exploded
50
Q

How should an arson scene be examined?

A

The scene should be examined systematically, from the outside in.

51
Q

Upon arrival at a scene, the incident controller needs to be spoken to. What needs to be found out from the incident controller?

A
  • What Appliances attended
  • The State of the fire when the Fire Service arrived
  • What information the Fire Service has about the building’s Security
  • Their opinions of the Informant (for example, a person who regularly attends or reports fires may have lit them)
  • Whether they think the fire is Suspicious, and why
  • The Time and date of the call and the manner in which it was received
  • What Action the Service has taken, particularly in entering the building and ventilating it after the fire
  • What Alterations they have made to the scene, for example they may have had to force doors or windows
  • Details of People or vehicles acting suspiciously in the vicinity.
52
Q

Detail Police responsibilities at a fire scene examination and investigation

A

Police must:

  • Conduct the criminal investigation or coronial enquiry
  • Undertake responsibility for the collection, protection and recording of evidence
  • Preservation, analysis of any evidence if the responsibility of Police or any other such agency
  • Collection and removal of material from a crime scene will only be done by Police or other agencies with authority to remove evidence.
53
Q

Give the act, section, penalty and elements for the offence of:
Intentional damage - Danger to life

A

CA 1961;
Section 269(1);
10 years imprisonment;

  1. Intentionally OR recklessly
  2. Destroys or damages
  3. Any property
  4. If he or she knows or ought to know that danger to life is likely to ensue
54
Q

What does R v Hallam say about a defendant’s knowledge when it comes to possession of explosives

A

Prosecution must prove:

Defendant knowingly had the explosives in their possession;

and

They knew it was an explosive substance;

55
Q

What definitions and/or case laws should be included in your discussion of the liability of

  • 267(1)(a) - arson - danger to life
A

Definition of intent: R v Collister

Definition of recklessness: R v Cameron and subjective/objective test, R v Tipple

Definition of damage by fire: R v Archer

Definition of explosive: S2, CA1961 (IA)

Definition of property: s2, CA1961

Definition of knowing: Simester and Brookbanks and subjective/objective test

Definition of danger to life: other than the defendant

56
Q

What definitions and/or case laws should be included in your discussion of the liability of

  • 267(1)(b) - arson - immovable property
A

Definition of intent: R v Collister

Definition of recklessness: R v Cameron and subjective/objective test, R v Tipple

Definition of damage by fire: R v Archer / R v Morley

Definition of explosive: s2 CA1961 (IA)

Definition of property: s2, CA1961

Definition of immovable: Fixed in place and unable to be moved

Definitions (as app) for: vehicle, ship, aircraft

Definition of interest: tenancy of a property constitutes an interest in it

Definition of person: as proven by circumstantial evidence or judicial notice

57
Q

What definitions and/or case laws should be included in your discussion of the liability of

  • 267(1)(c) - arson - cause loss or obtain benefit
A

Definition of intent: R v Collister

Definition of damage by fire: R v Archer

Definition of explosive: S2 CA1961 (IA)

Definition of property: S2, CA1961

Definition of immovable: Fixed in place and unable to be moved

Definitions (as app) for: vehicle, ship, aircraft

Definition of obtain: to obtain or retain for himself, herself, or any other person. s217 CA

Definition of benefit: any property, privilege, service, benefit, pecuniary advantage, valuable consideration s267(4), CA

Definition of loss: R v Morley

Definition of person: s2 CA

58
Q

R v Cameron

A

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his actions would bring about the proscribed result; and/or
(ii) the circumstances existed; and
(b) having regards to that risk, those actions were unreasonable

and …

the subjective and objective tests to prove recklessness.

59
Q

What is the subjective and objective test with regards to recklessness?

A

The subjective test - completely subjective:
Has the defendant recognised the risk the offence anticipates as being possible?

The objective test - subjective and objective:
Are the defendant’s actions objectively reasonable?

60
Q

What is the ‘must know’ case law regarding a defendant’s conduct being sufficiently proximate to the offence?

A

R v Harpur

“[The Court may] have regard to [the defendant’s] conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct may be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

61
Q

R v Tipple

A

“Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk and it may be said that it requires a deliberate decision to run that risk.”

62
Q

Define immovable property

A

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

63
Q

R v Archer

A

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

64
Q

What is sufficient to prove property damage by fire - does the property have to be set alight?

A

Burning, blistering of paint, charring, melting or sufficient smoke damage will suffice.

65
Q

Define fire

A

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

66
Q

Define explosive

A

Section 2, Arms Act 1983

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

The definition does NOT include firearms or fireworks

67
Q

Morley v R

A

“Loss … is assessed by the extent to which the complainant’s position prior to the (offence) has been diminished or impaired.”

Application: cause loss

68
Q

R v Archer

A

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

69
Q

Cameron v R

A

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Application: recklessness

70
Q

R v Tipple

A

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk.”

71
Q

R v Harpur

A

“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

72
Q

What is the appropriate charge in cases where a Molotov cocktail has been used?

A

‘Damages by fire’

NOT

‘Damages by means of any explosive’

If you remember only one thing - remember this.

73
Q

What are some actions that may be sufficiently proximate to constitute an attempt?

A
  • Soliciting an innocent agent to engage in conduct constituting an element of the crime.
  • Lying in wait, searching for or following the contemplated victim
  • Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
  • Reconnoitring the scene of the contemplated crime
  • Possession, collection or fabrication of materials to be employed in the commission of the crime
  • Enticing the victim to go to the scene of the contemplated crime
74
Q

S44 FENZ Act 2017 - Other powers of authorised person

A
  • Move any vehicle
  • Anything reasonably necessary to:
  • protect and preserve life
  • prevent or limit injury
  • prevent or limit damage to property and land
  • prevent or limit damage to the environment
  • Can shut off Gas etc in the vicinity of the emergency
  • Use force to remove any person Interfering with operations
  • Close any road or railway in the vicinity of the emergency
  • May break into any vehicle in order to move it
  • Use force to remove a person in danger or likely to cause danger to any other person or property
  • Can request info from the owner/occupier in order to fulfil functions
  • Shut off water
75
Q

Under the MOU between Fire and Police, when will the Fire Service notify Police if there is a fire?

A
  • A fire results in serious injury or death
  • A fire is considered suspicious
76
Q

What are Fire Investigation Liaison Officers responsible for?

A
  • Co-ordinating fire investigations in their designated area or district;
  • Attending every fire that results in serious injury or death;
  • Maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators;
  • Providing other advice and expertise as required.
  • Arranging Police attendance at fire scenes where required;
  • Assisting areas or districts with fire investigation-related queries;
  • Co-ordinating fire investigation training for any Police employees within the area or district, where needed
  • Ensure communication is maintained with the Police National Fire Investigation Co‑ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate;
77
Q

What are some considerations regarding fire scene safety?

A
  • Inhalation of Toxic substances e.g. car fires emit particularly toxic and harmful gases
  • Air borne dusts, particles etc.
  • Cuts/wounds from sharp objects
  • Ingestion of 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 causing a chain reaction.
78
Q

What clothing protection should be worn by the on-scene investigator?

A
  • a suitable helmet (that complies with the relevant safety standard)
  • a pair of overalls
  • nose and mouth filter, a full face respirator or full BA (if required and qualified)
  • gloves
  • safety glasses
  • heavy duty footwear with steel soles and toe caps.
79
Q

What are some non-intentional causes of fire?

A
  • *Carelessness:**
  • misusing electricity
  • children playing with matches or cigarette lighters
  • *Faults:**
  • *-** chimneys and flues
  • heating systems
  • *Nature:**
  • chemical reactions
  • the sun’s rays
80
Q

What might you talk about with the Incident Controller at the scene?

A
  • What Appliances attended
  • The State of the fire when the Fire Service arrived
  • What information the Fire Service has about the building’s Security
  • Their opinions of the Informant (for example, a person who regularly attends or reports fires may have lit them)
  • Whether they think the fire is Suspicious, and why
  • The Time and date of the call and the manner in which it was received
  • What Action the Service has taken, particularly in entering the building and ventilating it after the fire
  • What Alterations they have made to the scene, for example they may have had to force doors or windows
  • Details of People or vehicles acting suspiciously in the vicinity.
81
Q

What witnesses might you want to consider tracking down before, during, and after a fire that may have a bearing on the investigation?

A
  • the Person(s) who found the fire, raised the alarm and informed Police or Fire
  • Occupants and their visitors
  • Passers-by
  • Owners
  • Vendors and delivery people
  • Employees, including cleaners and casual staff
  • Reporters and photographers
  • Spectators
  • Neighbours
  • Other Police and security staff
  • Local Police
  • Patrols
82
Q

What are some considerations regarding the preservation of a fire scene?

A
  • Ensuring the Scene is not interfered with
  • Exclusion and Control of on-lookers, property owners and other interested parties
  • Report all matters of significance to the O/C investigation and/or scene co-ordinator
  • Preserving Evidence
  • Identify any Witnesses among onlookers and passers-by
  • Be vigilant and watch for possible Suspects
  • Preventing Looting
  • Be aware of re-ignition from Hotspots after the fire is extinguished.
83
Q

External Examination

A

The external examination takes into account:

  • The Periphery of the structure itself
  • Adjoining premises which often reveal:
    • accelerant containers
    • attempts at forced entry
    • broken windows
    • forced doors
  • The Yards and outbuildings of the fire affected property
  • Nearby alleyways/streets/driveways
  • What distance Debris was scattered, particularly if drums or cylinders have exploded.

The surrounding area of the involved premises may also reveal:

  • Contents of outbuildings missing
  • Accelerant containers
  • Business appears to be struggling.
  • Run‑down property

The damaged structure itself may reveal:

  • jemmy marks or other signs of forced entry on windows or doors
  • window glass broken before the fire was ignited
  • burn patterns above doors and windows and “V” shaped burn patterns on external cladding.
84
Q

What indicators should you take note of during a preliminary internal examination?

A
  • Position of clothes if not in wardrobe or drawer
  • Open filing cabinets or missing files
  • Low stock levels in commercial premises
  • building Areas in need of repair
  • Rifled premises
  • signs of Hardship (empty flats, shops to let, etc.)
  • Owner/occupier attitude during walk through (if access is permitted)
  • Unusual odours
  • Separate unrelated seats of fire
  • forced Entry into an empty till
  • Burn patterns
  • Lack of clothing in wardrobes and drawers
  • presence of Accelerant containers or trails
  • Missing family photographs, furniture and personal items.
85
Q

List the steps to take when dealing with arson exhibits

A
  1. Photograph in situ, label the exhibits, and preserve them in containers.
  2. Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins.
  3. Take these 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.
86
Q

What are some things that could be discussed during a conference?

A
  • Planning further enquiries
  • Identifying suspects
  • Establishing possible motives
  • Assessing information obtained
  • Reconstructing
87
Q

What should a person be charged with if they deliberately set fire to a police car in retaliation for being arrested?

A

S267(1)(c ) - as his intent is to cause loss to the Police organisation, which is a “person” under the wider definition of person.

88
Q

Who might attend a conference at an arson?

A
  • Specialist Fire Investigator
  • Crime Scene Co-ordinator
  • O/C CIB
  • O/C Investigation
  • Police photographer
  • Fire Investigation Liaison Officer
  • Investigating officers
  • Fingerprint technician/SOCO
89
Q

What are the twelve steps for suspect enquiries in respect of fires not involving explosives?

A
  1. Means of identifying the suspect
  2. Who possible suspects could be
  3. Investigate suspects thoroughly and according to priority
  4. Consider surveillance
  5. Complete suspect enquiries
  6. Consider a search warrant
  7. Interview the suspect
  8. Consider an identification parade or montage
  9. Complete enquiries to corroborate or negate the suspect’s explanation
  10. Advise supervisor. Obtain authority to prosecute.
  11. Arrest.
  12. Complete correspondence
90
Q

Suspect enquiries - step 5:

A

Complete enquiries to establish the suspect’s:

  • opportunity
  • motive
  • mens rea (‘guilty mind’)
  • connection with the scene and the crime
  • character, mental background, history, movements and behaviour.
91
Q

Suspect enquiries - step 6:

A

Consider a search warrant -

When executing the warrant:

search the suspect’s clothing, residence, motor vehicle and work-place, and in any other place where evidence may be found. Evidence could include:

  • Containers
  • Accelerants
  • Wick fabric
  • Igniters
  • Traces of debris from the scene
  • Photograph evidence in situ before it is seized
  • Ask for and note the suspect’s explanation regarding the evidence
  • Ensure all exhibits seized are labelled, examined and uplifted by the exhibits officer
  • Issue a PROP notice for any property seized.
92
Q

What are some signs to look for with fires involving explosions?

A
  • Cratering
  • An overlay of dust
  • Shredding of materials
  • Spread of debris
  • Shrapnel marks.
  • a Smell peculiar to the exploded material; for example, the smell of almonds is often associated with explosive or exploded material
93
Q

What is a Molotov cocktail?

A

A crude incendiary device typically consisting of a bottle filled with flammable liquid and with a means of ignition - essentially an accelerant contained within a breakable vessel so that when it shatters the accelerant is spread and ignited by the flames from the burning rag or similar attached to the vessel.

CIB 012 - Arson - 10/21 - NHDJ27 (2 decks)

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