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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Technical Advice => Topic started by: Guest on September 24, 2004, 02:14:30 PM

Title: Prosecution for tampering with fire safety equipment
Post by: Guest on September 24, 2004, 02:14:30 PM

Can anyone advise under which lawa an individual can prosecuted under for interfeeing with fire safety equipment such as fire signage, extinguishers, call points etc.

Thanks

Title: Prosecution for tampering with fire safety equipment
Post by: Guest on September 24, 2004, 03:19:13 PM

Red, It's not under fire law- I believe it would have to be a charge of criminal damage.

Title: Prosecution for tampering with fire safety equipment
Post by: Chris Houston on September 25, 2004, 11:19:45 AM

I hate to speculate, but I can't get access to my information at the moment.

But two suggestions, is it not the Fire Service Act that states it is an ofence to interfere with fire safety equipment?

Additionaly, I think the Health and Safety at Work Act 1974 creates a duty to consider the safety of fellow employees.  Interfering with equipment designed to protect their life safety could be argued as breaching this duty.

If they took a sign, an extinguisher or a safety pin, this could be theft.  If someone died because of this, it could be manslaughter, if they damaged it it could be criminal damage.

This is not legal advice.  If you want legal advice, consult a lawyer.  (I had to say that.)

Title: Prosecution for tampering with fire safety equipment
Post by: AnthonyB on September 28, 2004, 11:41:24 PM

Yes the HSWA does have an offence of tampering, removing, misusing etc any equipment provided for safety and this includes fire alarms and extinguishers etc.

It has been succesfully used with criminal convictions resulting, but only only a couple of times as it's difficult to:
a) catch those doing it
b) provide enough evidence of them doing it
c) persuade CPS it's worth the hassle