Powers of the fire service in the United Kingdom
The powers of the fire service in the United Kingdom are extensive, but vary from jurisdiction to jurisdiction. These powers generally only apply to members of public fire and rescue services. Powers are granted to firefighters in England & Wales by virtue of the Fire and Rescue Services Act 2004, in Scotland by virtue of the Fire Act 2005 and in Northern Ireland by virtue of the Fire and Rescue Services Order 2006. Whilst the three acts are almost identical in effect, they word the powers differently and vary in relation to the issuance of warrants.
England & Wales
In emergencies
A fire and rescue authority may authorise in writing an employee for the purposes of section 44 of the Fire and Rescue Services Act 2004.They may do anything they reasonably believe to be necessary for the purpose of:
- extinguishing or preventing the fire or protecting life or property,
- rescuing people or protecting them from serious harm,
- discharging any function conferred on the fire and rescue authority in relation to the emergency, or
- preventing or limiting damage to property resulting from action taken as mentioned above.
- one or more individuals to die, be seriously injured or become seriously ill, or
- serious harm to the environment.
- enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place,
- move or break into a vehicle without the consent of its owner,
- close a highway,
- stop and regulate traffic, or
- restrict the access of persons to premises or a place.
"Emergency circumstances" are those that are present or imminent and:
- are causing or are likely to cause:
- *serious injury to or the serious illness of a person,
- *serious harm to the environment,
- *serious harm to any building or other property, or
- *a worsening of any such injury, illness or harm, or
- are likely to cause the death of a person.
Investigations & carrying out of functions
An authorised officer may at any reasonable time enter premises:
- for the purpose of obtaining information needed for the discharge of a fire and rescue authority’s functions under , or , or
- if there has been a fire in the premises, for the purpose of investigating what caused the fire or why it progressed as it did.
- enter premises by force, or
- demand admission as of right to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
An authorised officer may apply to a justice of the peace if he considers it necessary to enter premises, but he is unable to do so, or considers that he is likely to be unable to do so, otherwise than by force.
If on an application a justice is satisfied that it is necessary for the officer to enter the premises, and he is unable to do so, or is likely to be unable to do so, otherwise than by force, he may issue a warrant authorising the officer to enter the premises by force at any reasonable time.
An authorised officer may also apply to a justice of the peace if he considers it necessary to enter a dwelling without giving notice as required.
If on an application a justice is satisfied that it is necessary for the authorised officer to enter the dwelling without giving notice as required, the justice may issue a warrant authorising the officer to enter the premises at any time.
An authorised officer exercising a power of entry under this section must, if so required, produce evidence of his authorisation, and any warrant, before entering the premises, or at any time before leaving the premises.
If an authorised officer exercises a power of entry for the purposes of obtaining information needed for the discharge of a fire and rescue authority’s functions under section 7, 8 or 9, he may take with him any other persons, and any equipment, that he considers necessary, and require any person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
If an authorised officer exercises a power of entry for the purpose of investigating what caused a fire or why it progressed as it did, he may:
- take with him any other persons, and any equipment, that he considers necessary,
- inspect and copy any documents or records on the premises or remove them from the premises,
- carry out any inspections, measurements and tests in relation to the premises, or to an article or substance found on the premises, that he considers necessary,
- take samples of an article or substance found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation,
- dismantle an article found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation,
- take possession of an article or substance found on the premises and detain it for as long as is necessary for any of these purposes:
- *to examine it and do anything he has power to do under paragraph or,
- *to ensure that it is not tampered with before his examination of it is completed,
- *to ensure that it is available for use as evidence in proceedings for an offence relevant to the investigation,
- require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
If an authorised officer takes possession of an article or substance found on the premises, he must leave a notice at the premises giving particulars of the article or substance and stating that he has taken possession of it.
If in the exercise of any power an authorised officer enters premises which are unoccupied, or from which the occupier is temporarily absent, he must on his departure leave the premises as effectively secured against unauthorised entry as he found them.
A person commits an offence if without reasonable excuse:
- he obstructs the exercise of any power, or
- he fails to comply with any requirement,being a person present on the premises, to provide an authorised officer with any facilities, information, documents or records, or other assistance, that he may reasonably request.
Enforcement of fire safety legislation
In England and Wales Fire Safety Inspectors are given additional powers to firefighters in order to carry out routine inspections, investigate the commission of fire safety related offences and prohibit or restrict the use of un-safe buildings. They also issue other legal notices.Their powers are derived not only from the Fire Rescue Services Act 2004 but also Article 27 of the Regulatory Reform Order 2005, the Health & Safety at Work Act etc 1974, Fireworks Act 2003, and the Licensing Act 2003 including other pieces of legislation. Upon the granting of a warrant from a Magistrate, Fire Inspectors may use force to make entry into a premises for the purposes of securing evidence, investigating the commission of an offence or to make an inspection. Usually this is done with the Police in attendance. Any persons suspected of committing an offence are ordinarily placed under caution and invited for an interview under PACE conditions. Committing a fire safety-related offence includes summary and indictable offences which means for more serious cases the offender could be sent to prison.
Scotland
In emergencies
An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of Section 25 of the Fire Act 2005 and on duty may:- if the employee reasonably believes that a fire has broken out, do anything the employee reasonably believes to be necessary for the purpose of—
- *extinguishing the fire; or
- *protecting life or property;
- if the employee reasonably believes that a road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of—
- *rescuing people; or
- *protecting them from serious harm;
- if the employee reasonably believes that an emergency other than a fire or road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of carrying out any function conferred on the authority in relation to the emergency; and
- do anything the employee reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from action taken as mentioned above.
- enter premises or a place ;
- move a vehicle without the consent of its owner;
- force open and enter a lockfast vehicle;
- close a road;
- stop and regulate traffic;
- restrict the access of persons to premises or a place.
Carrying out of functions
An authorised employee may not:
- enter premises by force; or
- demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
- it is necessary for the employee to enter premises, and
- the employee is unable to do so, or is likely to be unable to do so, otherwise than by force,
If a sheriff or justice of the peace is satisfied that
- it is necessary for the employee to enter premises without giving notice
If an authorised employee exercises a power of entry by virtue of this section, the employee may take onto the premises such other persons and such equipment as the employee considers necessary, and require any person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request.
Before entering the premises, or at any time before leaving the premises, an authorised employee exercising a power of entry shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section, and any warrant.
Investigations into fires
An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of section 29 may, at any reasonable time, enter premises in which there has been a fire for the purpose of investigating what caused the fire, or why it progressed as it did.If an authorised employee exercises the power above the employee may:
- take onto the premises such other persons, and such equipment as the employee considers necessary,
- inspect and copy any documents or records on the premises or remove them from the premises,
- carry out any inspections, measurements and tests in relation to the premises, or an article or substance found on the premises,
- take samples of an article or substance found on the premises,
- dismantle an article found on the premises,
- take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of:
- *examining it and doing anything the employee has power to do under the paragraphs above,
- *ensuring that it is not tampered with before the employee’s examination of it is completed, or
- *ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation,
- require a person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request.
If an authorised employee exercises the power to take samples the employee shall:
- leave a notice at the premises with a responsible person giving particulars of the article or substance and stating that the employee has taken a sample of it, and
- if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it.
This section applies in relation to vehicles as it applies in relation to premises, and:
- gives the power to enter premises in which a vehicle in which there has been a fire is being kept,
- gives the power to take persons and equipment to the place where a vehicle is, and
- references to premises include references to premises in which vehicles are kept.
Northern Ireland
Any person who assaults, resists, obstructs or impedes a fire and rescue officer in the execution of his duty, or a person assisting a fire and rescue officer in the execution of his duty, commits an offence.The maximum punishment is:
- on summary conviction, to imprisonment for a term not exceeding 6 months and/or a fine not exceeding the statutory maximum, or
- on conviction on indictment, to imprisonment for a term not exceeding 2 years and/or a fine.
In emergencies
An on-duty fire officer may do anything they reasonably believe to be necessary for the purpose of:- extinguishing or preventing the fire or protecting life or property,
- rescuing people or protecting them from serious harm if they reasonably believe a road traffic accident to have occurred,
- discharging any function conferred on the fire and rescue authority in relation to the emergency, or
- preventing or limiting damage to property resulting from action taken as mentioned above.
- enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place,
- move or break into a vehicle without the consent of its owner,
- close a highway,
- stop and regulate traffic, or
- restrict the access of persons to premises or a place.
- one or more individuals to die, be seriously injured or become seriously ill, or
- serious harm to the environment.
Carrying out of functions
However, an authorised officer may not:
- enter premises by force; or
- demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
- it is necessary for the officer to enter premises, and
- the officer is unable to do so, or is likely to be unable to do so, otherwise than by force,
If, on the application of an authorised officer, a lay magistrate is satisfied that:
- it is necessary for the officer to enter premises without giving notice as required,
If an authorised officer exercises these powers of entry, he may take onto the premises any other persons, and any equipment, that he considers necessary, and require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
An authorised officer exercising these powers of entry shall, if so required, produce evidence of his authorisation under paragraph and any warrant before entering the premises or at any time before leaving the premises. An authorised officer, exercising these powers of entry, who enters premises which are unoccupied, or from which the occupier is temporarily absent, shall on departure ensure that all reasonable measures have been taken to leave the premises as effectively secured against unauthorised entry as he found them.
Investigations into fires
An authorised officer may, at any reasonable time, enter premises in which there has been a fire for the purpose of investigating what caused the fire; or why it progressed as it did.If an authorised officer exercises this power of entry, he may:
- take onto the premises any other persons, and any equipment, that he considers necessary,
- inspect and copy any documents or records on the premises or remove them from the premises,
- carry out any inspections, measurements and tests in relation to the premises or an article or substance found on the premises, that he considers necessary,
- take samples of an article or substance found on the premises,
- dismantle an article found on the premises,
- take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of:
- *examining it and doing anything he has power to do under the paragraphs above,
- *ensuring that it is not tampered with before his examination of it is completed, or
- *ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation, and
- require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
If an authorised officer exercises the power to take samples, he shall:
- leave a notice at the premises with a responsible person giving particulars of the article or substance and stating that he has taken a sample of it, and
- if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.