04-16 Death in Police Custody Flashcards
What is the Rationale?
In accordance with the Special Investigations Unit Act (SIUA), the Special Investigations Unit (SIU) mandate is invoked whenever an in–custody death occurs. This Procedure outlines the responsibilities of members to preserve the scene, prevent contamination or deterioration of evidence, notify the Chief’s SIU On-Call Designated Authority and ensure the SIU protocol is adhered to.
Supervision
Supervisory Officer mandatory attendance
Officer in Charge mandatory notification
Unit Commander mandatory notification
Procedure -
The SIU and Detective Operations - Homicide (Homicide) will conduct _______. Homicide also provides investigative support to the ______ in the investigation of deaths in police custody.
parallel investigations when there is a death in police custody
Coroner
Member - When notified of an impending Coroner’s Inquest SHALL
comply with Procedure 12–06.
Police Officer - Upon becoming aware of a death in police custody SHALL
protect the scene and all evidence
immediately request the attendance of a supervisory officer
notify the Officer in Charge
Police Officer – Detective Operations – Forensic Identification Services (FIS) -
When attending the scene of a death in police custody SHALL
await the arrival of the SIU forensic investigator before commencing with evidence collection.
The SIU and FIS run parallel forensic investigations when there is a death in police custody.
Supervisory Officer - When notified of a death in police custody SHALL
attend immediately and take charge of the scene
request the attendance of
‒ an investigator from Homicide
‒ an investigator from FIS
‒ the Coroner
ensure compliance with Procedures 04–02 and 13–16
ensure the Officer in Charge has been notified
notify the Officer in Charge – Toronto Police Operations Centre (TPOC)
Detective – Detective Operations – Homicide -
Upon arrival at the scene of an in–custody death, in addition to complying with unit–specific guidelines SHALL
take charge of the investigation
confer with the attending Coroner at the scene
Officer in Charge - When notified of a death in police custody SHALL
ensure the attendance of
‒ an investigator from Homicide
‒ an investigator from FIS
‒ the Coroner
ensure compliance with Procedures 04–02 and 13–16
ensure the Officer in Charge – TPOC is notified
notify the Unit Commander
Officer in Charge – Toronto Police Operations Centre -
When notified of a death in police custody SHALL notify
the Chief’s SIU On-Call Designated Authority and the appropriate Deputy Chief of Police, in compliance with Procedure 13–16.
Chief’s SIU On-Call Designated Authority - When notified of a death in police custody SHALL
ensure the SIU is promptly notified
comply with Procedure 13–16
Definitions - Chief’s Special Investigations Unit (SIU) On-Call Designated Authority
means a member of the cadre of on-call Toronto Police Service uniform senior officers that acts as the designated authority and manages the SIU event in the field on behalf of the Chief.
Definitions - Death in Custody
means the death of a person at any time during an arrest/detention and before the person’s release or transfer to another agency’s custody.
Definitions - Special Investigations Unit (SIU) Mandate
means that the SIU Director may cause an investigation to be conducted into any incident in which any of the following occurs, if the incident may have resulted from the criminal conduct of a Service official:
the death of a person
the serious injury of a person
the discharge of a firearm at a person (regardless of causing injury or death, and including less lethal weapons);
and/or
the sexual assault of a person, as reported by the person.
The SIU Director may cause an investigation to be conducted if, at the time of the incident,
the official was on duty; or
the official was off-duty but
(a) engaged in the investigation, pursuit, detention or arrest of a person or otherwise exercised the powers of a police officer, special constable, peace officer or other prescribed person, as the case may be, whether or
not the official intended to exercise such powers or identified themselves as a person who may exercise such powers, OR
(b) the incident involved equipment or other property issued to the official in relation to their duties.