Comments by your contributor Dominic Goble (FP FEJ, June and September) about cautioning suspects under PACE by Fire Officers got my alarm bells ringing.
Mr Goble states that fire officers have an obligation to caution suspects during Fire Investigation. Speaking as a training provider on investigations into criminal and civil matters, I would like to issue few words of …well… caution before following Mr Goble’s guidance.
I would argue that to do so risks landing fire authorities in hot water over human rights issues as well as potentially damaging investigations.
In fire investigation matters, the law is clear: The Fire and Rescue Services Act 2004 states that a fire officer may investigate “what caused the fire or why it progressed as it did”.
My understanding from the plain wording of the 2004 Act is they do not have a duty to investigate suspects and therefore have no powers under the Police and Criminal Evidence Act 1984 (PACE) to caution or interview them.
If, during a fire investigation, a fire officer is questioning a person and suspects they have committed a criminal offence, they must stop their questioning immediately and refer the matter to the police. If the interviewee volunteers further information, the fire officer becomes a witness and should record the information as a contemporaneous note.
Having consulted with legal experts, my guidance to fire officers would be that it is only appropriate for a fire officer to issue a caution under the Regulatory Reform (Fire Safety) Order 2005 for a fire safety matter, since there is a clear duty to investigate offences under the Order – but not a fire investigation under The Fire and Rescue Services Act 2004 to which Mr Goble was referring.
It is simply inappropriate to caution under the 2004 Act. To do so is not only outside the fire officers’ powers, it is also a potential human rights breach and could lead to an action against the fire authority.
And, it may be stating the obvious, but any “evidence” obtained after such a caution would be inadmissible in court, as (among other things) cautioning and questioning must be coupled with the offer of legal advice.
Trevor Norwood, Director
Xact Consultancy and Training Limited
Extracts of this article have been published in:
Fire Prevention Fire Engineers Journal – November 2006