Government Wildfires Alert – And The Important Legal Implications To Bear in Mind

Why Government Alert About Wildfires Carries Significant Legal Considerations

With the Government issuing an Emergency Alert across England and Wales because of the very high risk of wildfires, people have been urged to avoid barbecues, firepits, fireworks and other activities capable of starting a fire.

But what happens when someone’s actions actually cause a wildfire, and where does the law draw the line between an accident, recklessness and deliberate arson? And particularly now a nationwide alert has been issued.

Why Has the Government Issued a Wildfire Emergency Alert?

Extreme dry conditions have led to major wildfires across parts of the country, threatening homes, businesses and lives while placing significant pressure on fire and rescue services.

The Government’s Emergency Alert specifically warned people not to undertake activities capable of starting fires, including using barbecues, firepits, garden incinerators and fireworks.

A temporary ban on the sale of disposable barbecues has also been introduced, alongside additional resources for fire services and military assistance in areas affected by serious fires.

What Is Arson Under UK Law?

Arson is criminal damage caused by fire. Under the Criminal Damage Act 1971, a person can commit an offence where, without lawful excuse, they intentionally or recklessly destroy or damage property belonging to another.

Where that damage is caused by fire, the offence is treated as arson.

There is also a significantly more serious offence where a person intends through the damage to endanger another person’s life or is reckless as to whether life would be endangered.

This means arson is not limited to someone deliberately setting fire to a house, vehicle or area of countryside. Recklessness can also result in criminal liability.

What If Someone Starts a Wildfire Accidentally?

This is where the circumstances become particularly important.

Imagine someone holds a barbecue in ordinary conditions, takes reasonable precautions, properly extinguishes it and an entirely unforeseen event nevertheless causes a fire. That is very different from deliberately setting vegetation alight.

But there is potentially another category between those two examples.

If someone lights a barbecue, campfire or firepit during extreme conditions despite repeated warnings that doing so presents an obvious wildfire risk, investigators may consider whether their behaviour went beyond simple carelessness and became reckless.

The fact that the resulting damage was not intended does not necessarily prevent criminal liability.

Government Warnings Could Become Important Evidence

The current circumstances make this distinction particularly interesting.

People across England and Wales have now received an Emergency Alert explicitly warning them about the wildfire danger and advising them not to undertake activities capable of starting fires.

If a serious fire subsequently results from someone ignoring those warnings, investigators may examine what that individual knew about the risk when deciding whether their actions were reckless.

Evidence could include local restrictions, warning signs, weather conditions, fire service advice and potentially the nationwide Emergency Alert itself.

Receiving a warning would not automatically establish criminal responsibility, but it could form part of the wider evidential picture.

What If Someone Deliberately Starts a Wildfire?

A deliberately started fire presents a very different situation.

Investigators would consider whether the person intended to damage property and, in more serious circumstances, whether they intended to endanger life or were reckless about the danger their actions created.

A wildfire can spread rapidly beyond its original location, potentially threatening houses, roads, businesses, livestock, members of the public and firefighters responding to the incident.

Where life is intentionally or recklessly endangered through damage caused by fire, the potential criminal consequences are extremely serious.

How Would Police Investigate the Cause of a Wildfire?

Establishing how a wildfire started can require detailed investigation involving police, fire investigators and other specialists.

Investigators may examine the suspected ignition point, witness accounts, CCTV, mobile phone footage, vehicle movements and items recovered from the scene.

Where human activity is suspected, questions about intention and knowledge become particularly important. There is a considerable legal difference between an unavoidable accident, careless behaviour, recklessness and deliberately setting a fire.

Wildfire Warnings Change the Context of Personal Responsibility

The Government’s unprecedented use of the Emergency Alert system reflects the seriousness of the current wildfire threat. The official warning states that even a small flame can develop rapidly into a major fire capable of putting lives and property at risk.

That does not mean every accidental wildfire will result in a criminal prosecution. However, continuing to use open flames despite clear warnings and restrictions could have consequences far beyond receiving a fine or being criticised for irresponsible behaviour.

Where substantial damage or danger to life follows, investigators may need to consider whether the person responsible simply made a mistake or knowingly took a risk that crossed the line into criminal recklessness.

How We Can Help.

If you have any questions relating to arson or wilfull negligence of relating to wildfires or any other activity – then don’t hesitate to call us now on 0161 477 1121 or email us.