L.R.O. 1/ 2012
LAWS OF GUYANA
FIRES AND CASUALTIES INQUIRY ACT
CHAPTER 22:03
Act
3 of 1880





1 – 7 ... 1/2012
(inclusive) by L.R.O.
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Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation

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CHAPTER 22:03
FIRES AND CASUALTIES INQUIRY ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title and interpretation of “inquiry”.
2. Making of inquiry into origin of fires and certain other occurrences.
3. Inquiry public.
4. Summoning of witnesses and taking of evidence.
5. Committal of witness failing to appear or refusing to give evidence.
6. Power to certain persons to take part in inquiry.
7. Power to certain persons to take part in inquiry.
8. Powers of magistrate.
9. Expenses of witnesses and of inquiry/
10. Magistrate’s opinion.
11. Forms of summons and warrant.
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1929 Ed.
c. 266
1953 Ed.
c. 60 _______________________________________________________
3 of 1880 An Act to make provision for Inquiry into the Origin of
Fires and of Occurrences resulting in Serious Inquiry.

Short title and
interpretation
of “inquiry”.

Making of
inquiry into
origin of fires
and certain
[9TH JUNE, 1880]
1. This Act may be cited as the Fires and Casualties
Inquiry Act, and the term “inquiry” herein means an inquiry
hereunder.
2. When any fire occurs causing injury to person or
property, or in respect of which there is reasonable ground to
suspect that a crime has been committed, or where any
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other
occurrences.

Inquiry public.

Summoning of
witnesses and
taking of
evidence.

Committal of
witness failing
to appear or
refusing to give
evidence.
occurrence takes place resulting in serious injury to person or
property, the magistrate of the district in which the fire or
occurrence has taken place, shall, if he considers it expedient or
is required by the Director of Public Prosecutions to do so,
make inquiry into the origin of the fire or occurrence.
3. Every inquiry shall be conducted publicly.
4. (1) The magistrate may summon any witnesses he
deems necessary, and shall examine them upon oath touching
the matter of the inquiry.
(2) The evidence of every witness shall be taken
down in writing by the magistrate and distinctly read over
to and subscribed by the witness in the presence of the
magistrate.
5. (1) If any person summoned as a witness at any
inquiry refuses or neglects to appear at the time and place
appointed by the summons and otherwise to comply
therewith, and if no just excuse is offered for his refusal or
neglect, then (after proof upon oath of the service of the
summons upon him, either personally or by leaving it for him
with some person at his place of abode) the magistrate may
issue a warrant to bring and have him at a time and place
therein mentioned before the magistrate to testify as
aforesaid.
(2) If, on the appearance of the person so
summoned, either in obedience to the summons or upon
being brought by virtue of the warrant, he refuses to be
examined upon oath concerning the premises, or refuses to
take the oath, or, having taken the oath, refuses to answer the
questions concerning the premises then put to him, or
refuses to produce any document which he is summoned to
produce, or refuses to subscribe his deposition, the magistrate
may by warrant commit him to any ordinary prison for any
time not exceeding seven days, unless he in the meantime
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Power to
certain persons
to take part in
inquiry.
Powers of
magistrate.
[6 of 1997]
consents to be examined and to answer concerning the
premises, or to produce the document (if any) or to
subscribe his deposition, as the case may be.
6. The Director of Public Prosecutions or any one on his
behalf, the Commissioner of Police, or any superintendent of
police, or anyone whose conduct is called in question or who
is affected by the result of the inquiry, may attend at the
inquiry and examine or cross-examine witnesses and require
that any witness shall be examined.
7. (1) A magistrate, on becoming aware of any fire or
occurrence as to the origin of which it appears expedient to hold
an inquiry, may do all or any of the following things, that is to
say, he may—
(a) from time to time himself inspect, or,
by order in writing under his hand,
authorise and direct any person or
persons to inspect, the locality where
the fire or occurrence has taken place,
and make any examination and take
any photographs he or they deems or
deem expedient;
(b) by order in writing under his hand,
require that the place in and near which
the fire or occurrence has taken place
shall be left undisturbed and no article
or thing removed therefrom, for any
reasonable time, to be specified in
the order, necessary for the
purposes of the inquiry, and the
time mentioned in the order may be
extended by a like order in writing,
and while the order remains in force
every member of the police force
shall have full authority to remain
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in possession of that place and to
prevent any person from going thereon
and any article or thing from being
disturbed or removed;
(c) by an order in writing under his hand
authorise any members of the police
force, without naming them, to take
and keep possession of any article
or thing he considers should be
safely kept for inspection or
production at the inquiry; and
(d) where any article or thing, the
production of which there is reason to
consider is necessary for the
purposes of the inquiry, has been
removed or is concealed, by warrant
under his hand, empower any
members of the police force, without
naming them, to search for that
article or thing and, when found, to
keep possession of it for production at
the inquiry:
Provided that—
(i) if any person feels aggrieved by any
order of a magistrate made under this
section, he may, on an affidavit of the
facts and without notice, except as
hereinafter directed, apply to a judge
of the High Court in its civil
jurisdiction to vary or annul the order
of the magistrate, and the judge is
hereby authorised to make any
order the circumstances require; and

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Expenses of
witnesses and
of inquiry.
Magistrate’s
opinion.
Forms of
summons and
Warrant.
(ii) every person who wishes to make
the application shall, twenty-four
hours at least before making it, leave
at the chambers of the Attorney-
General a notice in writing of his
intention to apply and a copy of every
affidavit he intends to use on making
the application.
(2) Everyone who obstructs the magistrate, or
anyone acting under his order or direction, shall be liable on
summary conviction to a fine of forty-eight thousand, seven
hundred and fifty dollars and to imprisonment for one
month.
8. A witness examined on an inquiry may receive any
reasonable remuneration the magistrate certifies as allowable,
not exceeding in any case what would be allowed to the
witness for attendance at the High Court in its civil
jurisdiction, and all the expenses of an inquiry shall be
defrayed from the sum annually voted for the miscellaneous
expenses of the administration of justice.
9. After all the witnesses have been examined and the
magistrate has made full investigation into the subject-matter of
the inquiry, he shall record in writing his opinion as to the
origin of the fire or occurrence in respect of which the inquiry
is held and sign the opinion, and, as soon thereafter as may be
practicable, transmit it to the Attorney-General, together with
all the depositions taken and the documents produced.
10. The forms of summonses and warrants authorised
to be used under any Act for the time being in force
regulating procedure before magistrates in the exercise of
their summary jurisdiction may, with the necessary
modifications, be used for summonses warrants under this
Act.
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