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Fire Investgation 2020 > Legislation > Flashcards

Legislation Flashcards

1
Q

The fire and rescue services act 2004 replaced what primary legislation?

A

The fire services act of 1947, 1951 and 1959

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2
Q

Under the fire and rescue services act 2004, how must a fire investigator act?

A

They must act reasonably In the execution of their duties

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3
Q

Under the fire and rescue services act 2004, what must a fire investigator carry?

A

They must carry the correct written notice (warrant card)

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4
Q

Under fire and rescue services act 2004, what may the fire investigator do for the purpose of investigating the cause or development of a fire?

A

Enter any property,
Seize any item or document,
Take any sample,
Test such samples and items to destruction,
Compel any person to assist them,
Be accompanied by any person who may help him

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5
Q

Under the police act 1964, who is the primary authority for the investigation of crime?

A

The police.
The act places the senior police officer at the incident in charge of any investigations, including fires where is considered they are not accidental

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6
Q

What duties does the crime and disorder act 1998require?

A

That every public authority has a duty to combat crime where ever they find it present.
They must work in partnership with other authorities.

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7
Q

What does the police and criminal evidence act 1984 require an investigator to do if they suspect that a person may have committed an offence?

A

They must stop that person from giving evidence and administer a caution

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8
Q

Who is the best person to administer a caution?

A

A police officer

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9
Q

Under the crime and disorder act 1998, what Could be the implication of not administering a caution?

A

It could place into question any information gained outside of the caution

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10
Q

What is the requirement under the police and criminal evidence act 1984, for taking samples for analysis?

A

Samples for analysis must be removed in a prescribed way so the forensics potential and audit trail is properly maintained for use in a legal forum

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11
Q

Do fire investigators issue cautions?

A

No, if evidence of criminality starts to emerge, stop to witness, tell them that this is a police matter and immediately someone a police officer

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12
Q

What does the criminal procedure and investigations act 1996 require?

A

That the prosecution discloses any information to the defence that he has had sight of and which may undermine the prosecution case

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13
Q

What can a court require and the magistrates Court act 1980?

A

They may order for disclosure of any material which it is reasonable to expect that the prosecution may have had sight of

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14
Q

The criminal procedure and investigations act 1996 and the magistrates Court act 1980, place a caveat on the fire investigator. What is this?

A

Any and every part of their work, not just finished reports can be requested and disclosed in open court. This includes post-it notes telephone messages et cetera

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15
Q

What is the significance of the human rights act 2000?

A

Every other law must always be read in conjunction with this piece of primary statute.
All new laws that contain a declaration in the preamble that the new law is compatible with the human rights act 2000

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16
Q

What does the general data protection regulations apply to?

A

To personal data relating to an identifiable person Either directly or indirectly by reference to identifier

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17
Q

What would constitute a personal identifier?

A

Name, identification number, location data or online identify, automated personal data and manual filing systems.
Also personal data that has a pseudonym.
Special categories can include genetic data and biometric data where they can uniquely identify an individual.

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18
Q

Watch data is not included in the general data protection regulations?

A

Personal data relating to criminal convictions and offences

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19
Q

Under the fire precautions act 1971 and fire precautions workplace regulations 1997, who will often be the first person that identifies breaches of fire safety law?

A

The fire safety engineer or fire investigator

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20
Q

What is the regulatory reform fire safety order 2005?

A

A secondary tier of legislation was taken over many elements of fire safety regulation

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21
Q

Under the regulatory reform act and order what is the role of the Fire service?

A

It is the primary enforcing authority

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22
Q

How will Brigade deal with information relating to incidents investigated by the fire investigator?

A

They will not release any information where the course has been recorded as deliberate, except to the police without restriction

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23
Q

When the Brigade fights information about a deliberate fire to the police, what is this know as?

A

Full disclosure

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24
Q

If the Brigade is investigating a fire safety prosecution how will the information be controlled?

A

It will be restricted to ensure the prosecution is not compromised, no information released from you sent with the Brigade maybe considering or they are prosecuting and the regulatory reform order

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25
Q

How should the fire investigator deal with requests for information from internal offices?

A

They must establish why the request needs the information and ensure it is for proper business of the London Fire Brigade.
They must ensure the recipient is aware of their legal responsibilities

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26
Q

Where Can external requests for information come from?

A 
The police,
Coroner,
Local authority,
Insurance \Loss adjuster\insurance investigator,
Health and safety executive,
Environmental health,
Housing association,
Environment agency
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27
Q

Who does the freedom of information act apply to?

A

To all information held by public authorities

28
Q

What does the freedom of information act provide?

A

It gives the rights of public access to that information

29
Q

Which part of the freedom of information act does that authority use to Restrict the release of information regarding fire investigation?

A

Section 30 and 31

30
Q

Under the environmental information regulations, what can be requested from the Brigade?

A

Information on brigade activities on the basis that our actions may have an Effect on the environment

31
Q

What does the human rights act 1998 articulate place on the Fire Brigade?

A

The right to respect for private and family life

32
Q

What does the general data protection regulation contained?

A

Information about percent,
An explanation of rights under general data protection regulation,
Description of any special category and criminal offence data?
Guidance on protecting children data

33
Q

Why would an image be removed from my photo set?

A

If it shows an injured person or fatality or is awesome or grotesque,
It shows in the background a photograph of an individual or family,
It shows letters or correspondence where names addresses or account details are visible,
It shows medication Or personal lifestyle items,
It shows motor vehicles with a registration plate that is illegible,
Members of the public and their face is visible or maybe visible if not in a public area, new line of fire service personnel if the face is visible or maybe visible

34
Q

What size cameras are used?

A

12 MP cameras

35
Q

Whose consent is required to release images for a deliberate fire, or an investigation that is ongoing?

A

The investigating police officer or CPS

36
Q

If there is a pending prosecution by the Brigade or enforcement notice, or images released?

A

No images are released

37
Q

Whose consent is required for the release of images of an accidental fire (fatal)?

A

Percent of her majesties coroner is required.

Note a deliberate fire is a police matter.

38
Q

What is redaction?

A

Is the editing of exempt material From information held by public bodies that might be being considered for release

39
Q

What does the process of redaction involved?

A

The process involves the separation disclosable from nondisclosable information by blocking out removing individual words sentences or paragraphs

40
Q

What is the regulation of investigatory powers act 2000?

A

The provision for and about the interception Of communications the carrying, out of surveillance And the Use of covert human intelligence sources

41
Q

Does the London Fire Brigade use the powers of the regulation of investigatory powers act 2000?

A

No and it does not and has no plans to do so

42
Q

In general, what does the regulation of investigatory powers act 2000 cover?

A 
Interception of Communications,
Use of communications data,
Directed surveillance,
Covert human surveillance,
Intrusive surveillance.
43
Q

Under the fire and rescue services act 2004, powers of firefighters in emergency, can a firefighter enter a building?

A

Yes they may do anything they Reasonably believe a fire do you have broken out for the purpose of extinguishing the fire or protect life or property.

44
Q

Under the fire and rescue services act 2004, how’s the firefighters in an emergency, what my fire fire to do at a road traffic accident?

A

Do anything reasonably necessary if they believe a road traffic accident has occurred and for the purpose of rescuing people or protecting them from serious harm

45
Q

Under the fire and rescue services act 2004, powers in the event of emergency, are there any other actions a firefighter can take in an emergency?

A

Yes if they reasonably believe emergency of another kind has occurred, or for the purpose of preventing or limiting damage to property resulting from action taken

46
Q

And a fire rescue services act 2004, house in the event of emergency, what rights do firefighters have to enter a property?

A

They can enter premises by force or without the consent of the owner,
Move or break into a vehicle without the consent of its owner,
Close a highway,
Stop and regulate traffic,
Restrict the access of persons to premises or a place

47
Q

Under the Fire And rescue services act 2004, powers of firefighters in an emergency, when with a Member of the public commits an offence?

A

If without excuse obstruct or interfere with an employee of a fire and rescue authority taking action authorised under this section

48
Q

Under the fire and rescue services act 2004, house in the event of an emergency, what is the punishment if a member of the public obstructs the fire and rescue service?

A

The person is guilty of an offence under subsection three and he is liable on conviction to a fine not exceeding level three on the standard scale

49
Q

Under the fire and rescue services act 2004, powers of entry, when my unauthorised officer into a premises?

A

The purpose of attending information,
If there’s been a fire in the premises,
The purpose of investigating the cause and progression of the fire

50
Q

Under the fire and rescue services act 2004, powers of entry, what is the meaning of an authorised officer?

A

And authorised officer is an employee of a fire and rescue authority, authorised in writing for the purpose of this section

51
Q

Under fire and rescue services act 2004, powers of entry, what authorised officer not do under subsection one?

A

Enter the premises by force,

Demand admission has a right to the premises occupied as a private dwelling without 24 hours notice in writing

52
Q

Under the fire and rescue services act 2004, powers of entry, what May an authorised officer not do and subsection 1B?

A

If the premises are unoccupied,
Where the premises were occupied as a private dwelling immediately before the fire and this 24 hours notice in writing has been given

53
Q

Under the Fire And rescue services act 2004, powers of entry, what my unauthorised office to do to gain entry to a premises?

A

Apply to a justice of the peace,
If they consider it necessary to enter the premises under subsection one,
If they consider that they were unlikely to do so other than by force

54
Q

Under the fire and rescue services act 2004, powers of entry, if the justice of the peace agrees with the authorising officer what action will they take?

A

The justice of the peace may issue a warrant authorising the officer to enter the premises by force at any reasonable time

55
Q

Under the fire and rescue services act 2004, powers of entry, if the authorised officer considers it necessary to enter my premises without giving notice what actions should I take?

A

Apply to a justice of peace for a warrant authorising them to enter the premises at any time by force if necessary

56
Q

Under the fire and rescue services act 2004, powers of entry, when should and authorised officer produce evidence of their authorisation to enter the premises?

A

Before entering the premises,

At any time before leaving the premises

57
Q

Under fire and rescue services act 2004, powers of entry supplementary, if an authorised officer exercises a pair of entry under section 45 1a, I what they do?

A

Take with them any persons and any equipment they consider necessary,
Require any person present to provide them with facilities, information, documents or records, or other assistance that may reasonably request

58
Q

Under the fire and rescue services act 2004, powers of entry supplementary, what made an authorised officer take with them under section 40 1b?

A

Any other persons and equipment necessary,
Inspect and copy any documents or records or remove them from the premises,
Carrier and inspections, measurements and tests to an article or substance found on the premises,
Take samples of an article or substance found on the premises but not so as to destroy it or damage it unless necessary,
Dismantle an article found on the premises but not to destroy it or damage it unless necessary,
Take possession of an article or substance from the premises and retain it for examination, prevent tampering and ensure it is available for use as evidence,

59
Q

And of the fire and rescue services act 2004, powers of entry supplementary, if an authorised officer exercises the power in subsection 2d what must I do?

A

Leave a notice at the premises either with a responsible person or in a prominent position, give in particular is of the article or substance and stating that it has been taken as a sample,
If practical give the responsible person a portion of the sample marks in a manner sufficient to identify it.

60
Q

Under the fire and rescue services act 2004, powers of entry supplementary, if an authorised officer exercises the power in subsection 2F, what must they do?

A

Leave a notice with the responsible person or on a fixed the Prominent place given particulars of the article or substance and stating that they have taken possession of it

61
Q

Under the fire and rescue services act 2004, powers of entry supplementary, if an authorised officer under section 45 enter the premises which are occupied, what must I do before leaving?

A

Effectively secure against unauthorised entry

62
Q

Under the fire and rescue services act 2004, Powers of entry supplementary,when with a person commits an offence And what is the punishment?

A

If without reason excuse they instruct the officer exercising any power under section 45,
Fails to comply with any requirement under subsection 1B or 2g.
They are liable to summary conviction by fine not exceeding level three on the standard scale

63
Q

Under the fire and rescue services act 2004, powers of entry notices, how can notice required by section 45 3b be given?

A

By delivering it to the occupier of the dwelling,
By leaving it for them at the dwelling,
I sending it by post to them at the dwelling

64
Q

Under the fire And rescue services act 2004, powers of entry notices, how may notice be delivered under section 45 (4)?

A

By delivering it to the person who was the occupier of the dwelling immediately before the fire,
By leaving it for them at their proper address,
I send it by post to them at that address

65
Q

Under the fire and rescue services act 2004, powers of entry notices, what is regarded as the proper address of a person?

A

The specified address in United Kingdom has their address for the purposes of the notice,
At the last known address

66
Q

Under the fire and rescue services act 2004, powers of entry notices, what action can be taken if the owner cannot be ascertained after reasonable enquiries?

A

The notice can be left in the hands of the person who is appears to be the resident of the dwelling,
By leaving it fixed to a conspicuous part of the dwelling

Fire Investgation 2020 (5 decks)

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