Process mapping deliberate fire investigation and prosecution BRE Perspective on Provision of Expert Witness Services

BRE – Who we are… Was the Fire Research Station, part of the Building Research Establishment, at Garston, Watford, UK. BRE privatised (became independent) in 1997 BRE is the largest fire laboratory in the UK Now includes LPCB Carries out fire investigations for Government and other agencies to learn lessons to improve regulations Provides independent specialist help to other investigators and private concerns

BRE and the Process Map

Decision to Charge is Made… How many of these offences resulted in prosecution? Some FRSs quote in the region of 26% True number is unclear Can this be improved? Arson: A call to action, September 2014, Arson Prevention Forum

Perspective as Expert Witness Fire expert instructed by Defence to review and comment upon specific issues (outlined by the instructing solicitor/Counsel) in a case Commonly, physical scene evidence no longer available due to time elapsed between the event and the instruction of the expert Opinions then reliant upon: Photographs Witness statements Reports/notes by other experts No problems there, right?

Problems encountered… Poor quality photographs supplemented with poor quality notes Lack of excavation of the proposed “area of origin” Poor quality reports littered with spelling mistakes and poor grammar Creation of doubt in the ability/competence of the investigator?

Problems encountered… Every fire is suspicious until proven otherwise As such, a fire investigation is a process of elimination If not all possible causes have been eliminated then how can a firm conclusion be reached? Yet, firm conclusions, (“the fire was started by deliberate ignition by…”) when not all causes have been eliminated, have been drawn. Or causes have been eliminated due to poor investigation; lack of knowledge, poor observation

The impact… Cases, rightly or wrongly, are dismissed or the defendant is acquitted Insufficient evidence/poor evidence Legal issues Poor case preparation by CPS – cited by Judge Acknowledge that this works both ways – potential for miscarriages of justice Beyond reasonable doubt…

What can be done? Improve standards in the fire investigation community Work is on-going within CFOA FISSG and with the Forensic Regulator Improve training – is every aspect being covered sufficiently? Is the training course accredited by a relevant body or to a relevant standard Mentoring Think like a defence expert! Peer review Let’s not forget Police and CPS have a role to play too!

Conclusion Statistics on successful prosecutions are not readily available but anecdotal evidence suggests ~ 26% of arson offences are successful Is this good enough? Would a higher prosecution rate act as a deterrent? Fire investigation community, Police and CPS need to continue to work together to avoid errors (trivial or more serious) that result in unsuccessful prosecutions Communication across disciplines remains key!

Thank you! Ciara Holland Fire Investigation Consultant, BRE Global Limited E: T: Check out the APF website: