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Arson & Deliberately Lit Fires

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Arson & Deliberately Lit Fires ARSON & DELIBERATELY LIT FIRES CONSULTATION PAPER NO 1 December 2011 About this Consultation Paper The Sentencing Advisory Council is committed to giving members of the community the opportunity to express their How to respond views about sentencing issues in Tasmania. The purpose of this The Sentencing Advisory Council consultation paper is to assist invites responses to the items in the discussion about the discussed in this Consultation legislative framework, sentencing Paper. The questions are both options, intervention and summarised at the beginning community information programs of the paper and contained in available for adults and juveniles the relevant parts of the paper involved in firesetting in Tasmania. so that the options can be The Council intends to use the understood in context. responses to inform its advice to the Attorney-General. You may choose to answer This paper reviews the current some or all of the questions and legislative framework and your answers may be referred sentencing options for adults to or quoted in the final report. and juveniles found guilty of Responses will be published on arson and fire related offences in the Council’s website. If you do The Sentencing Tasmania and other jurisdictions not wish your response to be Advisory Council so that appropriate comparisons published or if you are happy to can be made. It then considers Acknowledgements have the submission published The Sentencing Advisory Council the recommendations made but wish to remain anonymous was established in June 2010 by This Consultation Paper was by the Victorian Bushfire Royal the then Attorney-General, Lara Commission, the National Forum please state this in your response. prepared by Ms Lisa Gregg. to Reduce Bushfire in Australia After considering all responses it Giddings MP. The Council was Professor Kate Warner, a member and the recent Symposium - is intended that the final report, established, in part, as an advisory of the Sentencing Advisory Advancing Bushfire Prevention in containing recommendations, will body to the Attorney-General. Council contributed to the Australia. The questions posed in be submitted to the Attorney- Its other functions are to bridge content and editing of this paper. this paper are in the context of General and published. the gap between the community, these recommendations whereby courts and Government by The Sentencing Advisory Council prevention techniques are now at Responses should be made in informing, educating and advising would like to thank the Tasmania the forefront when addressing the writing by Monday, 7 March 2011. on sentencing issues in Tasmania. Fire Service for their valuable issue of arson and deliberately lit If possible they should The Council members are Mr contributions and discussions fires throughout Australia. be sent by email to Peter Tree SC (Chair), Professor during the preparation of this This Consultation Paper will also [email protected] otherwise Kate Warner, Dr Jeremy Prichard, paper. The Council would also be available on the Sentencing they can be mailed to the Mr Norman Reaburn, Mr Phil like to thank the Department Advisory Council Website at Sentencing Advisory Council at Wilkinson, Ms Kim Baumeler, Mr of Justice for their advice and www.sentencingcouncil.tas.gov.au or GPO 825 Hobart 7001 Andrew Saint, Mr Chris Gunson, assistance and Tasmania Police for can be sent by mail or email. or faxed to (03) 6233 3705. Ms Liz Little and Mr Tony Jacobs. access to their data. ISBN: 978-0-9806330-8-5 Arson and Deliberately Lit Fires– hard copy ISBN: 978-0-9806330-9-2 Arson and Deliberately Lit Fires – e book (PDF) Copyright © State of Tasmania – Department of Justice This work is copyright, however material from this publication may be copied and published by State or Federal Government Agencies without permission of the Department on the condition that the meaning of the material is not altered and the Tasmanian Department of Justice is acknowledged as the source of the material.Any other persons or bodies wishing to use material must seek permission. Contents About this Consultation Paper ii How to respond ii The Sentencing Advisory Council ii Acknowledgements ii Abbreviations iv List of questions posed in this Consultation Paper v 1 Introduction 1 1.1 Terms of Reference 1 1.2 Background and context 1 1.3 Outline of the project 2 1.4 Definitions 2 1.5 The incidence and costs of arson 3 1.6 Is arson increasing in Tasmania? 3 1.7 Investigation and clear up rates 4 1.8 Why arson is unique 4 1.9 The arsonist 4 1.10 Profile and motives of the adult arsonist 5 1.11 Profile and motives of the juvenile firesetter 6 1.12 Are arsonists dangerous recidivists? 7 2. Legislative Offence Framework 8 2.1 Offence framework in Tasmania 8 2.2 Offence framework in other jurisdictions 9 2.3 Options for reform 10 3 Sentencing Framework in Tasmania - Adults 16 3.1 Sentencing adults in Tasmania 16 3.2 Sentencing practices for arson and other fire related offences 18 3.3 Options for reform 19 4. Sentencing Framework in Tasmania - Juveniles 23 4.1 Diversion and sentencing juveniles in Tasmania 23 4.2 Sentencing practices for arson and other fire related offences 24 4.3 Sentencing provisions in other jurisdictions in Australia 25 4.4 The need for reform 26 4.5 Options for reform 27 5. Treatment Programs - Adults 30 5.1 International treatment programs 30 5.2 Treatment programs in other jurisdictions in Australia 30 5.3 Treatment programs in Tasmania 31 5.4 The need for a new program? 31 5.5 Options for a new program 32 6. Education and Treatment Programs - Juveniles 34 6.1 International education and treatment programs 34 6.2 Education and treatment programs in other jurisdictions in Australia 35 6.3 Education and treatment programs in Tasmania 37 6.4 The need for a new program? 37 6.5 Options for a new program 37 7. Community Information and Education Programs 39 7.1 The recent trend toward fire prevention 39 7.2 Community education and information programs in Australia 39 7.3 The current focus on crime prevention in Tasmania 40 7.4 Is there the need for further community education programs in Tasmania? 41 Appendix A 42 Appendix B 43 Abbreviations ACF Arson Control Forum - England AFAC Australasian Fire and Emergency Service Authorities Council AIC Australian Institute of Criminology BOSCAR Bureau of Crime Statistics and Research Bushfire CRC Bushfire Cooperative Research Centre CFMHS Community Forensic Mental Health Service CMD Court Mandated Diversion DHHS Department of Health and Human Services DTO Drug Treatment Order DPP Director of Public Prosecutions JFLIP Juvenile Fire Lighting Intervention Program JOAP Juvenile Arson Offenders Program MCCOC Model Criminal Code Officers Committee MCLOC Model Criminal Law Officers Committee RACV Royal Automobile Club of Victoria SCAG Standing Committee of Attorneys-General TFS Tasmania Fire Service VBRC Victorian Bushfires Royal Commission iv Arson and Deliberately Lit Fires - Consultation Paper No 1 (December 2011) Questions posed in this consultation paper Question One page 11 Question Five page 20 Should the offences of arson (s 268) and setting fire to Should a cost recovery order be an ancillary sentencing property (s 269) in the Criminal Code be replaced with order available to the court, to order a convicted a new offence of arson defined as unlawfully setting fire offender to reimburse the costs incurred by the State for to any building, dwelling, airplane, motor vehicle or responding to a fire? motorised vessel? Question Six page 21 Question Two page 12 Should a specific sentencing option for a treatment Should s276 of the Criminal Code be replaced by: program for adult fire setters be considered as an a) A definition of arson which encompasses threats based additional order of the court? on s 4.1.7 (2) and (3) of the Model Criminal Code; Question Seven page 22 b) An offence for threatening to cause property damage based on s 4.1.9 of the Model Criminal Code? a) Should deferral of sentences be considered as an option to the court prior to final sentencing? c) A redrafted offence of s 276 which covers the offences in 4.1.7 (2) and (3) and 4.1.9 of the Model Criminal b) Should deferral of sentences specific to adult firesetters Code? be considered as an option to the court prior to final sentencing? Question Three page 14 Question Eight page 27 Does Tasmania need a new bushfire offence to cover causing a fire (by lighting a fire, maintaining a fire or a) When a juvenile has been found guilty of a fire related failing to contain a fire) where there is a substantial risk offence, should a pre-sentence report to determine the of the fire spreading? level of risk be a prerequisite to sentencing? Question Four page 15 b) When a juvenile has admitted to a fire related offence, should an assessment to determine the level of risk be a a) Does Tasmania need an arson/bushfire offence to prerequisite to diversion to community conference by cover the event where a fire has been lit, deliberately or Tasmania Police? recklessly, or there is a failure to contain a fire that has resulted in injury or death? c) When a juvenile has admitted to a fire related offence, should an assessment to determine the level of risk be a b) If so what form should it take? prerequisite to diversion to formal caution by Tasmania Police? Arson and Deliberately Lit Fires - Consultation Paper No 1 (December 2011) v Question Nine page 27 Question Thirteen page 32 a) When a juvenile has been found guilty of a fire related Should Tasmania consider making formal
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