Fire Investigation And Prosecution Process Map

THE ROLE OF THE CPS

INTRODUCTION

The Criminal Justice System demands that we get it

right first time. There are increasingly fewer

opportunities during the lifetime of the case to remedy

defects that occur.

INTRODUCTION

Police

• Investigate

• Take “no further action” without referral to a prosecutor where an

appropriate evidential standard is not met

• Complete pre-charge reports and prosecution files for referral

• Refer cases to CPS for a charging decision

• Provide key evidence and complete action plans required by CPS

• Ensure that unused material is revealed to the CPS and fulfils other

disclosure obligations attributed to the Police

• Support victims and witnesses through the court process

INTRODUCTION

CPS

•Gives advice to police

•Authorises charges in accordance with the Code for Crown Prosecutors

and the DPP’s Guidance on Charging

•Prosecutes criminal cases

•Delivers justice for victims and witnesses

•Appeals unsatisfactory court decisions in higher courts

•Makes applications for extradition

•Has an international role in capacity building abroad

•Recovers assets where there is benefit from criminal conduct.

THE FULL CODE TEST

The Evidential Stage•Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.

•The finding that there is a realistic prospect of conviction is based on the prosecutor’s objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which he or she might rely. It means that an objective, impartial and reasonable jury, bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge.

THE FULL CODE TEST

The Public Interest Stage•It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.

•When deciding the public interest, prosecutors consider questions set out in the Code so as to identify and determine the relevant public interest factors tending for and against prosecution. These factors, together with any public interest factors set out in relevant guidance or policy issued by the DPP, enable prosecutors to form an overall assessment of the public interest.

RELEVANT OFFENCES

• Arson (simple) – S.1(1), 1(3) and 4 of the Criminal Damage Act 1971,

• Reckless arson – S.1(2) and (3) of the Criminal Damage Act 1971

• Arson with intent to endanger life – S.1(2) and (3) of the Criminal

Damage Act 1971

DECIDING ON CHARGEEVIDENTIAL CONSIDERATIONS

The prosecutor will have regard to the evidence available, legal guidance,

case law and look for evidence of

•who started the fire whether from CCTV, eyewitness accounts, forensic

evidence, admissions in interview or to others, identification evidence,

ANPR, cell-site data and other mobile phone evidence of association.

•how the fire was caused and it’s consequences – Fire Officer report

•whether there was any intention to endanger lives or recklessness as to

whether life was endangered

•the financial loss suffered

•motive or reason for starting a fire

DECIDING ON CHARGEEVIDENTIAL CONSIDERATIONS

Police investigations can reveal the motive or reason for starting a fire.

•To get an insurance pay-out•To harass another•To kill•To destroy evidence•To get revenge•To be re-housed•Youthful pranks•Anger following an argument•Mental health issues•Intoxication

DECIDING ON CHARGEEVIDENTIAL CONSIDERATIONS

The Fire Investigator’s report adds to the quality of evidence. It can set out

where and how the fire started, the ignition, type of material burnt, the

effects of smoke and whether accelerants were used.

•A small fire to bedding in an occupied building or a fire to a wheelie bin

resulting in extensive damage could show recklessness as to whether life

is endangered.

•A fire by pushing a lighted object through a letter box could show an intent

to endanger life.

A preliminary report can be of great assistance in deciding on charge and

timeliness in sending the full report is essential.

DECIDING ON CHARGEEVIDENTIAL CONSIDERATIONS

A full police and fire investigation can therefore result in charges of arson

as well as other charges such as

•Murder or manslaughter

•Harassment

•Perverting the course of justice

•Fraud

DECIDING ON CHARGEEVIDENTIAL CONSIDERATIONS

• The prosecutor will decide if sufficient evidence exists for a realistic

prospect of conviction. The police may be directed to secure further

evidence if required. If this is not forthcoming the suspect may have to

be released.

DECIDING ON CHARGEPUBLIC INTEREST CONSIDERATIONS

The more serious the offence the more likely it is that a prosecution is required. A prosecutor will also assess

•the level of culpability of the suspect (pre-meditation, planning, offence committed on bail, previous convictions, whether the offence is likely to be continued, repeated or escalated)•the circumstances and harm to the victim•The age of the suspect (the best interests and welfare of a young person must be considered including whether a prosecution is likely to have an adverse impact on future prospects that is disproportionate to the seriousness of the offending)•The impact on the community (the greater the impact the more likely it is that a prosecution is required)•Whether a prosecution is a proportionate response

AGGRAVATING FACTORS

• Intentional / reckless.

• Motivation – revenge, harassment, insurance, fraud etc.

• Pre-planned

• Use of accelerants / firebombs

• Injury caused

• Extent of damage

• Risk of fire spreading

• Dwelling attacked

• Public building / school attacked

MITIGATING FACTORS

• Plea of guilty

• Lack of previous convictions

• Defendant’s personal circumstances

• Mental issues

VENUE OF TRIAL

• Arson (simple) is triable either in the magistrates’ or crown court based

on seriousness, complexity or whether magistrates’ sentencing powers

are sufficient.

• Arson being reckless as to whether life is endangered and arson with

intent to endanger life can only be tried on indictment

• Following summary trial of an either-way offence the magistrates may

still send the case to the Crown Court for sentencing if they think their

sentencing powers are inadequate.

SENTENCE

Section 4 Criminal Damage Act 1971. A person guilty of arson under

section 1 or of an offence under section 1(2) shall on conviction on

indictment be liable to imprisonment for life.

But, simple arson tried in the magistrates’ court carries a maximum penalty

of 6 months or a fine of £5,000.

Arson Prosecutions from CPS Data2012 - 2014

1,600

1,400

1,200

1,000

800

600

400

200

1,388

1,066

1,097 1,042

858 834

Criminal Damage Act 1971 { 1(1), 1(3) and 4 } Arson Criminal Damage Act 1971 { 1(2), 1(3) and 4 } Arson with intent / reckless as to whether life was endangered

0

2012 2013 2014