Why It Pays To Hire An Independent Investigator For Your Court Case Or Tribunal

Forensic investigations are very complex, and arson and road collision fires in particular can seem impossible to investigate efficiently. By the very nature of the crime the process of combustion has potential to, at worst destroy evidence, or, at best, make its identification and retrieval very difficult.

Forensic advances have led to new techniques which can aid evidence retrievil. However, in a number of investigations these techniques are not used. This can be for a variety of reasons, including lack of knowledge or awareness of techniques by the fire or traffic investigator; or because a technique is too costly when balanced against the outcome. The result is that in many arson cases and road accident investigations the opinion of the investigator can be a pivotal factor in a case being progressed by the Crown Prosecution Service.

When the 2004 Fire and Rescue Service Act came into force it included powers for the Fire and Rescue Service to carry out fire investigations. This initially appeared to support fire investigation by the fire service and put it on a legislative footing to carry out investigations into the cause of a fire or why it progressed as it did. However, it has by virtue of the contents of some sections of the Act, restricted what can be done. Some Fire and Rescue Services may not be complying fully with the Act and this could lead to robust challenges in a court of law. With a road collision investigation you find that there are also areas which have been missed by initial investigations; seemingly small factors which are invisible to an untrained eye but could completely change a case.

Therefore before any arson or road collision investigation is brought before the courts serious consideration should be given to the possibility of a review by an independent expert of the facts of the case. The opinion on which a prosecution is based and the procedures that have been implemented during the investigation should be rigorously reviewed by an expert in order to fully inform a well reasoned defence. This applies not only to arson cases and road collisions, but many other cases too, and tribunals as well as court cases.

An increasing number of people implicated in incidents are choosing not to accept the investigator's word as final and to contact an independent investigator. Independent investigators sometimes propose a different theory to an assigned investigator, which could completely change the course of a case.

If you decide to carry out a fire or road traffic accident investigation choose a company which hires ex-police officers or ex-fire fighters, as they will have more expertise in examining the scene and talking in court. Ask about deadlines if you have been set a court or tribunal date, and look for a company which appears reliable and professional.

Independent investigations can be carried out using a number of techniques. These include tacograph analysis and reports, mathematical reconstruction, damage analysis, locus survey and plan drawing and analysis of the crime scene.