Pertinent FI Laws Flashcards
Fire & Rescue Services act 2004
FI can act reasonably in execution of duties:
(Written notice - warrant card
Written notice for entry where applicable)
Enter property Seize item/document Take sample Test samples/items to destruction Compel person to assist Accompanied by any person who may help
Police act 1964
Police primary authority for investigating crime
Crime & disorder act 1998
Every public authority must combat crime where they find it present and work with other agencies to same end
Police & criminal evidence act 1984
Investigator who suspects a person of committing an offence must stop person giving evidence & administer caution
Requirement for samples/items removed for analysis to be done in a prescribed manner so that forensic potential and audit trail is maintained for legal use
Criminal procedure and investigations act 1996
Prosecution has duty to disclose any information to defence that it has sight of
Magistrates court act 1980
Any court may order disclosure of any material which prosecution may have sight of
Human rights act 2000
Primary statute - every law must be read in conjunction with this
Every law must be read to afford with the widest possible latitude the enforcement of peoples’ individual rights
Article 8 - right to respect for private and family life
Criminal justice act 1967
Warns against disclosing anything one may know or suspect to be untrue
General data protection regulations (GDPR)
Applies to personal data (any information that can be used to identify a person)
Applies to automated personal data and manual filing systems
“…personal data meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier”
GDPR special categories of personal data
Genetic data
Biometric data
Where processed to uniquely identify an individual
Fire precautions act 1971 & Fire Precautions (workplace) regulations 1997
Fire safety engineer employed by authority and working as fire investigator who will often be first person on scene who would need to recognise breaches of fire safety law
Regulatory reform act 2001 forming Regulatory reform (fire safety) order 2005
Fire service now an enforcing authority, not a guiding and inspecting advisor
Freedom of information act
Applies to all information held by public authorities
Gives rights of public access to that information
LFB uses section 30 & 31 not to release information regarding fire investigations
Environmental information regulations
Requests may be made regarding Brigade activities that may have an effect on the environment
