Unit 4 Lesson 6.2 Crimes Against Property - Fireraising PDF

OFFICIAL Unit 4 Lesson 6.2...

OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Lesson Aim: The learner will be able to differentiate between different types of crimes against property Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- In the operational environment you will attend and investigate a variety of incidents involving 1. Differentiate between the various types of fires. Some will be accidental and others will common law and statutory crimes of be criminal in nature. The most serious form fireraising of criminal damage to property is by fireraising. 2. Summarise the course of action to be taken if you are first on the scene at a fire 3. State the powers given to Constables by the Fire (Scotland) Act 2005 1 th Amended 25 April 2024 v.3 OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Activity 1 A1 Before we start to look at fireraising in more depth, state what would you consider to be five examples of accidental fires and of fireraising. Accidental Criminal 1) 1) 2) 2) 3) 3) 4) 4) 5) 5) Health and Safety HS All fires are potentially dangerous and can have fatal consequences. You must fully assess the dangers when you arrive and be guided by the Fire Service before you attempt any rescue or carrying out investigations. 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising What is Fireraising? Generally speaking, the term fireraising relates to setting fire to another person's property; although in certain circumstances it might be fireraising to set fire to your own property, e.g. when you set fire to your own property with the intention that the fire spread to someone else's property. A fire is ‘set’ or ‘raised’ whenever the property concerned has started to burn and some part of it, however small, has been consumed. It is immaterial whether the ignition source was applied directly to the property or to some other material from which it subsequently spread, e.g. a fuse or by use of inflammable liquid, etc. On attendance at any fire you should bear in mind the possibility that fireraising may have occurred. Once the fire service has extinguished the fire, the police are required to investigate the cause of the fire, usually in conjunction with the fire service, taking guidance and advice from the Senior Fire Officer present. Where there is a suspicion that fireraising may have occurred, your supervisor and the Criminal Investigation Department (CID) should be informed and the locus protected from unauthorised access pending detailed forensic examination. Categories of Fireraising Fireraising is a crime at common law and can be sub-divided into the following categories:- 1. Wilful fireraising 2. Culpable and reckless fireraising Wilful Fireraising “The crime of wilful fireraising is committed when a person intentionally sets fire to any form of property.” In order to prove a charge of wilful fireraising the prosecution must establish, beyond reasonable doubt that the accused intended to set fire to that item of property. 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising The fact that the act was an intentional one may be inferred from all the circumstances, but no form of recklessness, however flagrant, can be treated as equivalent to intent. Note:- If the Crown can prove that a person intentionally set fire to any form of property (either their own or the property of another) with intent that they could make a claim on any insurance in force in respect of that property, then the charge which should be libelled is fraud. The fact that the crime involved fireraising will be brought out in the summary of the SPR. The fireraising is effectively the modus operandi of the fraud. Example Charge EC “On 10th August 2020, at 21 Culzean Gardens, Brookbank, you STEPHANIE CROLL, did wilfully and intentionally set fire to a garage.” Culpable and Reckless Fireraising The crime of culpable and reckless fireraising can also be committed in respect of any form of property but that is where the similarity with wilful fireraising ends. “Culpable and reckless fireraising is committed when property is set on fire as a result of a reckless act by the accused.” i.e. an act which showed reckless disregard for the result - "a complete disregard for any dangers which might result from what the accused was doing". If there is an intention to set fire to the property, the charge should be one of wilful fireraising. Example Charge EC “On 16th September 2020, at 21 Culzean Gardens, Brookbank, you ROBERT JONES, did culpably and recklessly set fire to a fence showing disregard for the consequences.” 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Accidentally setting fire to any form of property is not a criminal act, even if the accident can be attributed to some person’s negligence. Negligence does not amount to intention or recklessness. Summary If property is deliberately set on fire, the crime is wilful fireraising. If property is set alight as a result of a reckless act, the crime is culpable and reckless fireraising. If property catches fire as a result of an accident, no crime has occurred. A person charged with one form of fireraising cannot be convicted of the other but it is competent to libel Wilful and Culpable and Reckless Fireraising as alternative charges. Feedback 1 F1 There are endless examples of accidental fires from:- Chip pan fires Careless disposal of cigarettes Bin fires Bonfires out of control Car fires Forest fire Electrical appliances Road traffic crashes Gas leaks 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Feedback 1 F1 Criminal fires to property such as:- Houses Sheds Bus shelter Newspapers Plastic rubbish bins Growing crops Straw bales Burnt out stolen cars Forest Fire You will deal with these and far more in the course of your duties. Case Law In this case, Byrne was convicted of wilful fireraising by setting fire to paper on the floor of an unoccupied house where youths tended to gather. The fire took effect and damaged the premises and other property within it. The defence contended that Byrne only intended to deliberately set the paper on fire, not to damage any other property or the premises. This argument was supported on appeal and Byrne's conviction for wilful fireraising in relation to the paper, the other property and the premises was quashed on the basis that the jury could not safely infer that Byrne had intended to set fire to all of these things. (Byrne v H.M.A, 2000, J.C.155) In the case of McCue v Currie, McCue was convicted of forcing open a lockfast caravan and stealing alcohol and cutlery and for culpably and recklessly setting fire to the caravan (and destroying it). Whilst searching the caravan McCue had lit a lighter which burst igniting its contents. When it fell to the floor, he did not extinguish it and when he fled the caravan it was subsequently destroyed by his unextinguished broken lighter. On appeal the defence argued that despite the circumstances, the fire was accidental. 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising In quashing McCue's conviction, the appeal court stated that the crime of culpable and reckless fire-raising could not be committed solely by reason of the fact that the starting of the fire occurred when the person concerned was "engaged in some illegal act". Since the dropping of the lighter was accidental, the question was whether the crime of culpable and reckless fire-raising was committed by reason of the fact that McCue did not try to put out the fire or to summon appropriate assistance. The court decided that the prosecution did not demonstrate the necessary guilty intent on McCue's part and that even though his actions may have been morally reprehensible, they did not amount to culpable and reckless fireraising. (McCue v Currie, 2004) Statutory Offences Fires in Public Places Section 56 of the Civic Government (Scotland) Act 1982 creates an offence for any person to lay or light a fire in any ‘public place’ so as to:- 1. Cause any danger to persons or property; or 2. Give reasonable cause for alarm or annoyance. Note:- Public Place means any place to which the public have UNRESTRICTED access and includes common areas associated with tenements and flats and separately owned houses. Example Charge EC “On 16th September 2020, at Brookbank Community Gardens, Brookbank, you GEORGIA BROWN, did set a fire in a public place and did give reasonable cause for alarm or annoyance, contrary to Section 56 of the Civic Government (Scotland) Act 1982.” 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Police Investigations Every outbreak of fire should be investigated by the Police. An SPR will be submitted to the Procurator Fiscal when fireraising is suspected, or there is extensive damage to property or death or injury. When commencing operational duties, find out the local policy with regards to the recording of fires. Where a report is submitted to the Procurator Fiscal it should contain, in addition to the usual statements from the owner of the property and witnesses:- a description of the property affected, the cause or supposed cause of the outbreak, the extent of damage, an estimate of the amount of damage, the value of any goods saved, the amount (if any) for which the property was insured, together with the name and address of the insurance company concerned; and any other relevant details, such as the time the fire was discovered and the weather conditions. Usually the first effect of a fire is to consume the material used to start it and therefore evidence of wilful intention may be scarce. When wilful fireraising is suspected, police officers should not disturb the contents of the burning building beyond what is necessary to extinguish the fire or to save life or property. The Senior Fire Service officer present should be contacted and you should ask for their opinion regarding where the fire started and whether there are any suspicious circumstances. You should note a statement from them. If there are suspicious circumstances then you should notify your control room and request the attendance of the CID. Once the locus has been declared safe to enter, a scenes of crime examination can be carried out. Photographs will be taken of the locus and samples may be taken of the air. A sample of fire damaged debris may also be retained. These can be examined to establish if accelerants have been used. 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising When you are investigating an outbreak of this nature you should where it safe to do so:- Make a general examination of the property affected and of all heating and lighting appliances and all fittings therein. Meticulously examine the place where the fire is believed to have started in an effort to discover the means used. Obtain samples of any materials stored in the premises, especially materials of a combustible nature, for example, acids. Police Powers Section 26 of the Fire (Scotland) Act 2005 provides police officers with specific powers in relation to fires. A Constable may:- A. if the Constable reasonably believes that a fire has broken out, do anything the Constable reasonably believes to be necessary for the purpose of i. extinguishing the fire; or ii. protecting life or property; and B. do anything the Constable reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from anything done as mentioned in paragraph (a). This power extends to gaining access, moving or controlling property belonging to another if any of the above conditions are prevailing. A Constable may:- A. enter (by force if necessary) premises or a place; B. move a vehicle without the consent of its owner; C. force open and enter a lockfast vehicle; D. restrict the access of persons to premises or a place. 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising For further information, use the resources shown below:- Legal Database:- Criminal Law - Crimes Against Property - Fireraising Criminal Law - Miscellaneous - Acts - Civic Government (Scotland) Act 1982 - Part IV - Offences, Power of Constables, etc. - Offences of annoying, offensive, obstructive or dangerous behaviour - S.56 - Fires Review: You can differentiate between the various types of common law and statutory crimes of fireraising You can summarise the course of action to be taken if you are first on the scene at a fire You can state the powers given to Constables by the Fire (Scotland) Act 2005 10 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 11 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 6.2 Crimes Against Property - Fireraising 12 Scots Criminal Law: Introduction and Investigation OFFICIAL