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Arson and Deliberately Lit Fires Final Report No. 1

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Arson and Deliberately Lit Fires Final Report No. 1 ARSON & DELIBERATELY LIT FIRES FINAL REPORT NO. 1 December 2012 About This Final Consultation Advice Responses to the Consultation Paper were This report makes received from: recommendations to the Attorney-General in relation • Mr D L Hine, Secretary, to the serious issue of arson Department of Police and and deliberately lit fires in Emergency Management, Tasmania. This report was Tasmania one of the four initial referrals • Mr M Brown, Chief Officer, to the Sentencing Advisory Tasmania Fire Service Council at its inception in June 2010. The publication of • Mr M Daly, Secretary, this report follows the release Department of Health and of a Consultation Paper Human Services, Tasmania in December 2011. The • Mr T Ellis SC, Director purpose of the Consultation of Public Prosecutions, Paper was to assist in the Tasmania Information on discussion about the legislative • Mr R Williams, Deputy framework, sentencing Secretary, Corrective the Sentencing options, intervention and Services and Monetary Advisory Council community information Penalty Enforcement programs available for adults Service, Department of The Sentencing Advisory and juveniles involved in Justice, Tasmania Council was established firesetting in Tasmania. The • Ms A Ashford, in June 2010 by the then Consultation Paper posed 19 Commissioner for Attorney-General and questions, including: Children, Tasmania Minister for Justice, the Hon Lara Giddings MP. The • the introduction of new • Dr K Fritzon and Council was established, in criminal provisions Dr R Doley, Bond part, as an advisory body • pre-sentence reports to University, Queensland to the Attorney-General. determine the level of risk Acknowledgments • Hon M Gaffney, MLC, Its other functions are to for juveniles Member for Mersey bridge the gap between This Final Advice was written • the deferral of sentences • Ms A Allen, community the community, the courts by Ms Lisa Gregg. Professor as a sentencing option member, Tasmania and the Government by Kate Warner and Dr Jeremy • sentencing options and • Mr A Hays, community informing, educating and Prichard, members of treatment programs member, Tasmania (oral advising on sentencing issues the Sentencing Advisory for adult and juvenile submission). in Tasmania. The Council Council, contributed to the firesetters members are Mr Peter Tree content of this report. The • community information The original Consultation SC (Chair), Professor Kate Council would like to thank and education programs in Paper of December 2011 Warner, Dr Jeremy Prichard, the Victorian Sentencing Tasmania. has been incorporated into Mr Phil Wilkinson, Ms Kim Advisory Council, especially this Final Advice to provide Baumeler, Mr Norman Dr Catherine Jeffreys, for background information into Reaburn, Mr Chris Gunson assistance with copyediting the 19 questions posed. and Mr Tony Jacobs. and typesetting. ISBN: 978-0-9873492-2-4 (print) ISBN: 978-0-9873492-3-1 (ebook) Copyright © State of Tasmania – Department of Justice, 2012. 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 from this publication must seek permission. Contents About This Final Advice ii Consultation ii Information on the Sentencing Advisory Council ii Acknowledgments ii Abbreviations iv Executive Summary v List of Recommendations vii Questions Posed in the Consultation Paper ix 1. Introduction 1 1.1 Terms of Reference 1 1.2 Background 1 1.3 Outline of the Project 3 1.4 Definitions 3 1.5 The Incidence and Costs of Arson 4 1.6 Is Arson Increasing in Tasmania? 4 1.7 Investigation and Clear Up Rates 5 1.8 Why Arson Is Unique 5 1.9 The Arsonist 6 1.10 Profile and Motives of the Adult Arsonist 6 1.11 Profile and Motives of the Juvenile Firesetter 7 1.12 Are Arsonists Dangerous Recidivists? 8 2. Legislative Offence Framework 9 2.1 Offence Framework in Tasmania 9 2.2 Offence Framework in Other Jurisdictions 10 2.3 Options for Reform 12 3. Sentencing Framework in Tasmania – Adults 23 3.1 Sentencing Adults in Tasmania 23 3.2 Sentencing Practices for Arson and Other Fire-Related Offences 25 3.3 Options for Reform 27 4. Sentencing Framework in Tasmania – Juveniles 33 4.1 Diversion and Sentencing Juveniles in Tasmania 33 4.2 Sentencing Practices for Arson and Other Fire-Related Offences 35 4.3 Sentencing Provisions in Other Jurisdictions in Australia 36 4.4 The Need for Reform 37 4.5 Options for Reform 38 5. Treatment Programs – Adults 45 5.1 International Treatment Programs 45 5.2 Treatment Programs in Other Jurisdictions in Australia 45 Contents iii 5.3 Treatment Programs in Tasmania 46 5.4 The Need for a New Program 47 5.5 Options for a New Program 47 6. Education and Treatment Programs – Juveniles 53 6.1 International Education and Treatment Programs 53 6.2 Education and Treatment Programs in Other Jurisdictions in Australia 55 6.3 Education and Treatment Programs in Tasmania 56 6.4 Is There a Need for a New Program? 57 6.5 Options for a New Program 57 7. Community Information and Education Programs 61 7.1 The Recent Trend Toward Fire Prevention 61 7.2 Community Education and Information Programs in Australia 61 7.3 The Current Focus on Crime Prevention in Tasmania 62 7.4 Is There the Need for Further Community Education Programs in Tasmania? 63 Appendix A 65 Model Criminal Code Officers Committee – Model Criminal Code 65 Appendix B 66 Indictable Arson and Fire-Related Offences in Australia 66 References 68 Abbreviations ACART Australian Centre for Arson Research and Treatment ACF Arson Control Forum – England AFAC Australasian Fire and Emergency Service Authorities Council AIC Australian Institute of Criminology BOCSAR 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 DPEM Department of Police and Emergency Management DPP Director of Public Prosecutions FESA Fire and Emergency Services Authority JFLIP Juvenile Fire Lighting Intervention Program JAOP 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 – Final Report No. 1 Executive Summary One of the inaugural referrals to the Sentencing judiciary and the community to the 19 questions posed Advisory Council (the Council) from the in the Consultation Paper to assist with its Final Advice Attorney-General was a request to provide advice into to the Attorney-General. arson and deliberately lit fires in Tasmania. The terms of reference for this referral were broad and made it clear As this Final Advice shows, available research into that the project was to go beyond sentencing options firesetting indicates that there is no ‘typical’ arsonist and to include consideration of community information, the numerous attempts to classify arsonists’ motives education and post-sentencing programs. As a result, have proved problematic. Put simply, some adults in this particular advice, the Council has interpreted are motivated by reasons that are no different from ‘sentencing’ very broadly to include: any other anti-social behaviour, for example, to effect a fraud, to conceal a crime, to vandalise or to exact • the availability of certain offences for which an revenge. The remainder either exhibit ‘problematic offender can be sentenced firesetting behaviour’ or suffer from a mental illness. In • diversionary options that could potentially arise this advice the Council has attempted to address all before trial motivations; it recommends a new offence framework, • treatment options available both prior to and the establishment of a screening tool for juveniles, after the final decision of the judicial officer in the an individualised treatment program for adults and sentencing process juveniles and the inclusion of an additional sentencing • crime prevention techniques, including community option to defer sentences. The advice also outlines the education. submissions from relevant agencies into the possible service providers available to deliver a program The request for this report was prompted by both in Tasmania. Australia-wide concerns about the catastrophic consequences of bushfire and concerns specific to This advice recommends amendments to the present Tasmania in relation to the number of stolen motor offence framework in the Criminal Code. It intends vehicles damaged or destroyed by arson and the to clarify and simplify the existing offences so that continuing increase in damage to Housing Tasmania the offence of ‘arson’ (setting fire to a building) can properties. stand alone as a more serious crime than setting fire to general property. The new framework includes an The December 2011 Consultation Paper into this offence of threatening to damage property that causes advice addressed bushfire and property arson, juvenile a person to fear that the damage will kill or cause firesetting, the existing legislative framework, sentencing serious harm to the person or to another. The Council options, interventions and community information also
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