Police Manual on Arson

Question 1

s272 Crimes Act 1961 - Providing explosives

What must you prove?

Answer 1

1) The defendant made any explosive or engine etc OR had them in their possession
2) They intended the explosive or device to be used by another person to commit a crime (but need not know the identity of the person nor the precise nature of the intended crime)

Question 2

s28, Fire and Emergency New Zealand Act 2017

Powers of the person in charge of a fire scene (while fire is being fought)

Answer 2

1) Enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
2) Close road
3) Remove vehicles impeding the Fire Service (can break into the vehicle)
4) Remove people who are in danger or interfering with operations (using force if necc)
5) Do anything else that is reasonably necessary for the protection of life and property

Question 3

s32(2), FENZ Act 2017

Use of Fire Services by Police

Answer 3

Police may exercise powers (s28) if called upon to do so by the member of the FS in charge of the fire

Question 4

Memorandum of understanding

Answer 4

An agreement between Police and FS to share information and it details the roles for both organisations in fire investigation.

• Investigations of fire scenes are efficiently coordinated and expertly and independently conducted; and
• Any relevant evidence is protected and collected

FS will notify the Police if:

• Fire results in serious injury or death
• Fire is considered suspicious

Question 5

Fire Investigation Liaison Officers (FILO)

List four responsibilities of a FILO

Answer 5

1) Attending every fire that results in serious injury or death
2) Co-ordinating fire investigations in their designated area or district
3) Arranging Police attendance at fire scenes where required
4) Assisting areas or districts with fire investigation-related enquiries

Question 6

Specialist Fire Investigators

List four circumstances where they will get called to a scene:

Answer 6

1) Fires where fatalities occur
2) Fire where serious life-threatening injuries occur
3) Structure fires where cause is suspicious
4) Significant fire spread across a property boundary

Question 7

Fire scene control and handover (6 points)

Answer 7

1) Fire scene handed over to Police once fire is extinguished and any threat to life or property no longer exists
2) Fire service to notify Police if considers that a fire was deliberately lit or suspicious circumstances, and any fatalities or life-threatening injuries
3) Handover completed between O/C investigating officer and Incident controllern
4) Scene will not be handed over until danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised
5) All agencies will consult prior to any investigation or scene examination to develop an investigation plan
6) Investigation plan will include an outline of how the investigation will proceed and each agencies role

Question 8

Fire scene examination and investigation

Answer 8

The Specialist Fire Investigator will liaise with the FILO in relation to the following matters:

1) Handover of the scene
2) Access to the scene
3) Process for examination and investigation
4) Identification and collection of evidence at the scene

Question 9

Police responsibility

Answer 9

1) Conduct the criminal investigation or coronial enquiry

2) Undertake responsibility for the protection, collection and recording of forensic evidence

Question 10

Injuries received from hazards at fire scenes

Answer 10

1) Inhalation of toxic substances
2) Ingestion of particles
3) Cuts/wounds from sharp objects
4) Airborne dusts/particles
5) Tripping on debris
6) Falling down/over/onto/into obstructions or cavities
7) Falling objects

Question 11

Fire scene safety - PPE

Answer 11

1) Suitable helmet
2) A pair of overalls
3) Nose and mouth filter, a full respirator or full body armour (if required / qualified)
4) Gloves
5) Safety glasses
6) Heavy duty footwear with steel soles and toe caps

Question 12

Common methods of setting fires

Answer 12

1) Candles
2) Chemical ignitors
3) Potassium chlorate, sugar and sulphuric acid (Fire Fudge)
4) Electrical apparatus
5) Electric matches
6) Matches and cigarette
7) Molotov cocktails
8) Timing devices
9) Trailers

Question 13

Non-intentional causes of fire

Answer 13

1) Carelessness - children playing with matches, clothes on a heater, fireworks
2) Faults - electrical wiring, appliances, chimneys and flues
3) Nature - chemical reactions, lightening, sun rays

Question 14

Police procedure on arrival at a fire scene

What to ask incident controller

Answer 14

1) Briefly interview informant
2) Secure and control scene
3) Initial interview of SFI and O/C first fire appliance at scene
4) Interview the incident controller - time/date of call, what appliances attended, state of fire when FS arrived, action FS have taken, information about buildings security, alterations made to the scene, whether fire is 1C, their opinion on the informant, details of people/vehicles acting 1C at the scenes (IMPORTANT)
5) Preliminary scene examination with SFI and Police
6) If 1C, regroup and hold a briefing conference
7) Confer with staff - plan of action e.g. scene guards, identify and interview witnesses, conduct local enquiries
8) Provide sitrep and consider attendance of specialist groups

Question 15

Who would you interview at a scene?

Answer 15

1) Person who found the fire / raised the alarm and informed Police / Fire
2) Fire fighters
3) Occupants / their visitors
4) Employees, including staff and cleaners
5) Owners
6) Neighbours
7) Spectators
8) Passers-by
9) Local Police
10) Security staff

Question 16

Fire scene preservation

Answer 16

Scene must be controlled and protected from the time Fire / Police arrive until the scene examination is completed.

Scene security consideration:

• Ensuring scene is not interfered with
• Exclusion and control of on-lookers, property owners and other interested parties
• Preserving evidence
• Preventing looting

Question 17

Actions where it is difficult to preserve the scene

Answer 17

1) Sketches
2) Photographs
3) Plans
4) Video recordings

This will assist in recalling the layout of the premises prior to demolition work being carried out.

Question 18

External examinations

Answer 18

Considerations:

1) Adjoining premises - which often reveal, accelerant containers, attempts at forced entry, broken windows
2) The surrounding area of the involved premise - may also reveal accelerant containers, contents of outbuildings missing, property run-down
3) The damaged structure itself - may reveal jemmy marks or signs of forced entry, window glass broken before fire ignited, burn patterns above doors and windows and “V” shaped burn patterns

Question 19

Internal examinations

List four considerations

Answer 19

Observations:

1) Smoke deposits and burn patterns
2) Spalling (cracking/chipping of concrete as a result of being heated and cooled)
3) Damage to wall studs
4) Damage to roofing timbers

Question 20

What will a SFI consider?

List five things

Answer 20

1) Witness reports
2) Wind direction and speed, and the weather
3) Direction of fire spread
4) Colour of the flames and smoke
5) Severity of damage

Question 21

Name four types of evidence of accelerants

Answer 21

1) Containers
2) Traces of debris
3) Smell
4) Unusually rapid spread or intensity of fire

Question 22

What is the three step exhibit process?

Answer 22

1) Photograph in situ, label the exhibits and preserve them in containers
2) Use approved arson kits if available, if not, use any suitable containers such as unused 4L 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

Question 23

What can conferences assist you with?

Answer 23

1) Assessing information obtained
2) Reconstructing
3) Establishing possible motives
4) Identifying suspects
5) Planning further enquiries

Question 24

Who must chair a conference?

Answer 24

Either the FILO, the crime scene co-ordinator or the senior Police employee present

Question 25

General enquiries for fires not involving explosives (12 steps)

Answer 25

1) Submit articles for ESR analysis as early as possible
2) Issue an offence report
3) Obtain written report, photographs and plans from SFI
4) Consider media release + neighbourhood bulletin
5) Plan enquiries and ensure these people are interviewed:
- Owner / occupier
- Person who last secured the building
- Person who found the fire
- Person who gave the alarm.
(IMPORTANT)
6) Consider an area canvass of the neighbourhood. Interview witnesses and obtain statements about:
- The fire
- The conduct of people at the fire
- People loitering at the scene before fire
- Vehicles in vicinity before fire
7) Consider possible motives, the victim’s reputation and financial position
8) Contact the insurance company promptly and obtain information that may indicate motive
9) If previous similar fires, obtain directions from supervisor about special patrols, prevention activity
10) Inform intel and FILO - find out about suspects, similar previous fires, other fires involving informant / owner / occupier
11) Establish weather conditions at time of fire
12) Maintain contact with the owner of property (and victim if different person)

Question 26

Suspect enquiries for fires not involving explosives

Answer 26

1) Identify suspects - circumstances, fingerprints, witness information, media response
2) Consider possible suspects - owner/occupier, employee, criminal, aggrieved person
3) Investigate suspects - obtain full particulars, photographs, vehicles
4) Consider surveillance
5) Complete enquiries to establish suspects - opportunity, motive, mens rea, connection with scene/crime, character mental background history and movements
(IMPORTANT)
6) Consider search warrant
7) Interview suspect
8) Consider photo montage
9) Complete enquiries to corroborate/negate suspects explanation
10) Advise your supervisor - obtain authority to prosecute
11) Arrest suspect
12) Complete the prosecution

Question 27

Common electrical ignition sources

List four:

Answer 27

1) Heaters and clothing
2) Toaster with nearby curtains
3) Leaving a pot on a stove element
4) Ceiling exhaust fans

Question 28

Fires involving explosives - Initial Action

Answer 28

1) Remember that there may be a secondary device anywhere at the scene - do not handle/interfere with anything unfamilair
2) Don’t use cellphones, radios etc
3) Evacuate the scene to a distance of at least 100m. Consider explosive detector dog
4) if IED is located, immediately obtain the assistance of an IED operator
5) Give regular sitreps

Question 29

Identifying the explosive - scene

Answer 29

1) Create a clean path to the centre of the explosion (clean unused roll of plastic or stepping plates)
2) Have the ESR analyst swab the area immediately
3) Vertical sheets of iron (street signs / fencing) for explosive residue
4) Remove body parts promptly to avoid decomposition and contamination

Question 30

Characteristics of an explosion

Answer 30

1) Cratering
2) Spread of debris
3) Shredding of materials
4) A smell peculiar to the exploded material
5) An overlay of dust
6) Shrapnel marks

Question 31

When conducting a preliminary examination, where should you strart?

Answer 31

From the least damaged area, to the most damaged area (seat of the fire)