APPENDIX A

FINAL DRAFT

ARSON, FATAL AND INJURY RELATED FIRES

MEMORANDUM OF UNDERSTANDING

PARTNERS

Hampshire Fire and Rescue Service

Isle of Wight Fire and Rescue Service

Hampshire Constabulary

PURPOSE

The purpose of this Memorandum of Understanding is to support effective co-operation between the Fire Services and the Hampshire Constabulary. It applies to all fires which may involve fatalities or injuries to people or those in which crime is suspected.

This Memorandum of Understanding provides a broad strategic framework within which there is scope to develop and improve upon local working arrangements.

It aims to assist in formulating a combined strategy which:

· Recognises each Service's role and responsibilities

· Minimises duplication of effort

· Shares training opportunities

· Shares resources

· Shares information

· Reduces the numbers of deliberate unlawful fires

· Increases the numbers of offenders brought to justice and

· Seeks to reduce the number of fires, fire deaths and fire related injuries

AREAS OF MUTUAL INTEREST

The principal areas of mutual interest between the Fire Services and the Police are:

· All fires involving fatalities

· All fires involving serious injury

· All fires where the cause of the fire is suspicious

RELEVANT LEGISLATION

The Fire Services Act 1947 (as amended)

The Fire Services Act 1947 places a duty on the Fire Service to protect life and property from fire. The Senior Fire Officer present will be in charge of operations intended to protect life and property from fire and its effects and is empowered to take whatever actions are deemed necessary to extinguish the fire or to protect any person or property from fire and its effects.

Police Act 1964

The role and responsibilities of a Police Officer have evolved through common law although many are now contained within legislation.

The Police Act 1964 imposes a primary responsibility on the Police Authority to maintain an adequate and efficient Police Force. The Chief Constable has direction and control of the force, including incident control and investigation.

The Senior Police Officer present will be in overall control of the operation, will liaise with the Fire Service, the Ambulance Service and other appropriate bodies, and take whatever lawful actions are necessary to preserve the scene and protect life and property.

Crime and Disorder Act 1998

The Crime and Disorder Act requires that the local District Council, County Council (where applicable) and Police Force act together to reduce the burden on the local community caused by crime and disorder.

The Fire Service are one of a number of statutory consultees, and are expected to contribute to the identification of, and efforts to reduce fire related crime such as arson, and false calls to the Fire Service.

GENERAL WORKING ARRANGEMENTS

· During a fire, the Fire Service will take all reasonable steps to preserve the scene and protect potential evidence from being destroyed.

· The Fire Service will undertake to inform the Police of all suspicious fires at the earliest opportunity.

· The Fire Service will undertake to facilitate access to fires of mutual interest as soon as it is practicable to do so.

· The Fire Service will provide assistance to the Police in investigating the cause and circumstances of a fire of mutual interest.

· To assist the investigation process at the fire scene the Senior Fire Officer will, as soon as is reasonably practicable, communicate to the Senior Police Officer his/her preliminary findings.

· In addition the Fire Service will, on request, supply the Police with a written report and any necessary witness statements.

· Any information gained or received by the Fire Service in respect of a fire related crime or fatality will be passed to the Police as soon as practicable.

· The Fire Service will provide such specialist equipment as may be available to facilitate investigation of a fire of mutual interest.

· The safety of all persons called upon to investigate fires is to be afforded the highest priority. All necessary precautionary measures will be taken before the commencement of an investigation. This must include a Dynamic Risk Assessment in respect to the Investigation Scene Safety and include a COSHH assessment where applicable. Where joint investigations take place these assessments are to be carried out jointly also.

· The Police will be responsible for arranging the establishment of cordons for the investigation process and a continuity log at any scene, where necessary, in liaison with the Fire Service.

· Scientific Services Officers will be responsible for the taking of such samples, and control samples, as deemed necessary and for providing the correct packaging, labelling, transit and storage of samples for subsequent examination.

· Scientific Services Officers (with other Police support as necessary) will be responsible for all elements of contamination, continuity, disclosure and documentation as may be required for the investigation.

· Upon request of the Fire Service, the Police will provide photographs, video evidence and results of samples analysis as may be necessary. Any request for specialist service provision, eg Police Surgeon, Forensic Scientist or pathologist, will be made through Scientific Services.

· Upon request of the Police, the Fire Service will provide photographs and video evidence if available and necessary.

· Where necessary the Police will facilitate a case conference of all relevant parties to the investigation.

· In broader terms, the parties will work towards the sharing of common standards of information. This will simplify identification of patterns and inform appropriate crime reduction and investigation strategies.

· The parties will work towards identifying opportunities for joint training, intended to increase communication, understanding and efficiency.

SPECIAL ARRANGEMENTS

JOINT EMERGENCY SERVICES MAJOR INCIDENT PLANS

Where such plans are implemented these General Working Arrangements may be suspended.

RAILWAY PROPERTY

The Fire Services are responsible for dealing with the extinguishing of fire on railway property. Assistance might, by arrangement, be given in fire investigation.

The investigation of fire, fatalities and arson attacks on railway property is the responsibility of the British Transport Police who generally have primacy in any such investigation. Occasionally such primacy might, by arrangement, be passed to the Hampshire Constabulary.

LIAISON MEETINGS

A group made up of senior representatives of each of the partners will meet annually. The working of this Memorandum will be reviewed and necessary changes made. Local special meetings may be called by any partner to resolve any immediate operational difficulties. The chair will be at the discretion of the membership. Meeting membership will normally comprise two officials from each constituent partner.

Signed _________________________.

For Hampshire Constabulary

Dated __________________________

Signed __________________________

For Hampshire Fire and Rescue Service

Dated __________________________

Signed __________________________

For Isle of Wight Fire and Rescue Service

Dated __________________________