The development of the UK fire investigation protocol. Prof Niamh Nic Daeid BSc BA PhD FRSE FCSFS FICI FHEA FRSC

Transcription

1 The development of the UK fire investigation protocol. Prof Niamh Nic Daeid BSc BA PhD FRSE FCSFS FICI FHEA FRSC

2 Magna Carta There are only four surviving exemplifica6ons of the original 1215 charter. Today it is a document of almost mythical influence, said to transcend barriers of language and divisions of culture and ideology. It is based on simple, pure concepts of Freedom, Democracy, Jus6ce and Rule of Law. History alleges that when we deny these, we embrace injus6ce. It s ethos echoes in the US Bill of rights (1791), the Universal declara6on of Human Rights (1948) and the European Conven6on on Human Rights (1950).

3 Only 3 clauses of the Magna Carta still remain in spirit in English law Clauses 39 and 40 are relevant to justice No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice. In the 14 th Century this was interpreted as the right to justice and a fair trial by our peers (trial by jury).

4 If science is to be used in the court rooms to play its part in a fair trial and to uphold the lofty ideals of the Magna Carta, then we carry an onerous responsibility to ensure that both our science and our scientists are fit for purpose. Today we have to ask do we measure up to the simple, pure expectations that are implicit in the Magna Carta? The National Academy of Sciences report in 2009, did not think so.

5 US National Academy of Science, 2009 dearth of peer- reviewed, published studies establishing the scien8fic basis and validity of many forensic methods. Among the biggest problems that we uncovered in the report is the absence of the applica8on of scien8fic methodology to determine whether or not the discipline was valid and reliable

6 US National Academy of Science, 2009 The simple reality is that the interpretation of forensic evidence is not always based on scientific studies to determine its validity.

7 much more research is needed on the natural variability of burn patterns and damage characteristics... Many of the rules of thumb that are typically assumed have been shown not to be true. Experiments should be designed to put arson investigations on a more solid scientific footing.

8 Willingham case convicted of arson murder. A four-person panel of the Texas Forensic Science Commission investigated evidence of arson presented in the case. Acknowledged on July 23, 2010, that state and local arson investigators used "flawed science" in determining the blaze had been deliberately set.

9 If science is to be used in the court rooms to play its part in a fair trial and to uphold the lofty ideals of the Magna Carta, then we carry an onerous responsibility to ensure that both our science and our scientists are fit for purpose.? Evidential reliability Admissibility

10 2011

11 2011 Brought together interna6onal experts from all over the world as speakers. 3 free workshops for the ScoXsh fire inves6ga6on community. Significant community engagement. Forensic science regulator s first significant engagement with the fire inves6ga6on community.

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15 Home Office : Safer communities towards effective arson control (1999) research to quantify deliberate fires by cause and target interventions coordinated strategic approach to tackling arson measurement of impact of prevention methods increase awareness of arson and deliberate fires closer working relationship between fire service, police and forensic scientists sharing common forensic information between criminal and civil investigators creation of arson control forum better recording of arson crime better information sharing national standards for fire investigation and training interagency training and development, joint teams (police and fire service) tackling fraudulent arson claims standardised investigation procedure/claim form development of national educational models around KE+ arson evaluation of the effectiveness of arson reduction strategies research into failure of prosecutions for arson developing role of arson prevention bureau Burning issue-research and strategies for reducing arson (2002) coordinated central data base of arson events studies of fraudulent arson Multi agency team response to suspected arson fires evaluation of interventions ABI - Tackling fire a call for action (2009) development of credible measures of economic cost higher priority for economic cost of fire Targets set to reduce high economic costs target arsonists, dedicated police staff police, fire service, insurance working more closely together agree a common methodology for fire investigation Arson prevention bureau to raise awareness of risks of arson KE tracking fraudulent arson, data sharing and intelligence activities promote good fire risk management protection of vulnerable in society promote introduction of sprinklers research modern methods of construction and associated fire risk Fire protection association to provide info re cause of high cost fires Fire : Raising the standard (2002) Recording of fires and differences in police and fire service figures Use of economic models to estimate cost of fires Coordinated and structured data recording is required Coordinated approach to tackle abondoned vehicles greater priority to community safety initiatives improved fire investigation techniques and procedures need for a common terminilogy robust, clear and effective recording mechanism intelligence gap between police and fire and rescue services data sharing according to the national intelligence model issues of fire raising be incorporated into training for both police and fire service young fire setter intervention programms national approach to tackling chronic fire setters fire investigation training at all levels for fire service addressing skills gaps in fire service fire investigation training training needs analysis for fire service development of a national fire service standard to inform training implement MOU for co-operation between agencies co-ordinated approach to forensic fire investigation using multi agency teams establishment of a Scottish national fire forum Arson Prevention Bureau : fire investigation in Scotland (2004) National Scottish team for fire investigation Better recording mechanisms for fires Identification of research gaps and strategies identification of training needs and development of a training strategy National fire investigation strategic board Engagement of the legal communitiy minimum qualification standard for fire investigators CPC and proficiency testing requirement engagement of all parties in the development of standards for fire investigation Scotland together (2009) recording of fire statistics establishment of performance standards recording mechinisms fo fire fatalaties research into fire risk and deprivation develop best practice and raise profile in secondary fires research the environmental impact of secondary fires Investigate underreporting of secondary fires develop qualifications promote community engagement discuss fire detection mechanisms targets for home safety visits sprinkler system installations

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17 Office of the forensic science regulator Codes of Practice and Conduct Laboratory activities Crime scene activities Evaluation Consumables Contamination Forensic pathology Legal requirements Statements DNA Digital Video Fingerprints Archaeology Anthropology Toxicology Geophysics Use of case material Forensic images Fire scenes Many more..

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19 Office of the forensic science regulator Codes of Practice and Conduct Laboratory activities Crime scene activities Evaluation Consumables Contamination Forensic pathology Legal requirements Statements DNA Digital Video Fingerprints Archaeology Anthropology Toxicology Geophysics Use of case material Forensic images Fire scenes Many more..

20 DraYing team for protocol Niamh Nic Daeid, CAHID, University of Dundee David Halliday, Prometheus Forensic Services Karen Robertson, ScoXsh Police Authority Forensic Services Douglas Boyd, ScoXsh Fire and Rescue Services Peter Mansi, Fire Inves6ga6on UK, IAAI Chris Blacksell, Chief Fire Officers Associa6on, Humberside Fire and Rescue Service Mark Watson, Herbordshire Constabulary Jullian Halligan, Forensic Science Northern Ireland Nick Carey, Hawkins & Associates David Crowder, Building Research Establishment & Fire Inves6ga6ons UK Mar6n Shipp, Building Research Establishment Michael Hannigan, Police Service Northern Ireland

21 Process The Office of the Forensic Science regulator agreed the project team, represen6ng all sec6ons of the community of prac66oners and was geographically well placed. On the advice of the Forensic Science Regulator the document was presented as a protocol for fire scene inves6ga6on rather than a code of prac6ce. This facilitates its alignment to the Forensic Science Regulators exis6ng Code of prac6ce. The consulta6on process was not financed by the Office of the Forensic Science Regulator and as such the consulta6on was not run via that office s web site.

22 The consulta6on process began on the 6 th July 2014 and closed on the 12 th September The document was sent to all Fire and Rescue services in England and Wales, Northern Ireland and Scotland via the Chief Fire Officers Associa6on (CFOA) and sent to all Chief constables of all police forces in England and Wales and Northern Ireland via the Associa6on of Chief Police Officers (ACPO). Professional bodies and relevant organisa6ons were sent the document with the request to disseminate it to prac66oners. The organisa6ons contacted were the Chartered Society of Forensic Science (CSFS), the UK Associa6on of Fire Inves6gators (UK- AFI) and the ins6tute of Fire Engineers (IFE) and as well as individual forensic science providers and academics.

23 42 responses (11 police forces, 17 Fire and rescue services, 4 Forensic science and fire inves6ga6on organisa6ons, CFOA, 2 professional bodies and associa6ons, the Forensic Science Regulator and 6 private individuals). Over 50 pages of comments were received which were incredibly helpful in preparing the final document. The document was been extensively changed and modified in light of these extremely helpful comments. Second consulta6on in February 2015, final adjustments made.

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25 How do we report as expert witnesses? Biggest concerns Consultation - team and process (7% of comments from individuals) What does this mean for statutory duties and community fire safety reporting? Are fire investigators expert witnesses and what does that mean?

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30 ? Evidential reliability Admissibility

31 R v Smith not to the standards expected in contemporary forensic science no notes made during the examina8on or of reasons for conclusions points of comparison not documented contemporaneously

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33 Thank you Prof Niamh Nic Daeid BSc BA PhD FRSE FCSFS FICI FHEA FRSC