04-16 Death in Police Custody

Question 1

What is the Rationale?

Answer 1

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.

Question 2

Supervision - attendance and notifications?

Answer 2

• Supervisory Officer mandatory attendance
• Officer in Charge mandatory notification
• Unit Commander mandatory notification

Question 3

Procedure

The ___and ____ will conduct parallel investigations when there is a death in police custody.

Answer 3

SIU

Detective Operations - Homicide (Homicide)

Homicide also provides investigative support to the Coroner in the investigation of deaths in police custody.

Question 4

Police Officer

1. Upon becoming aware of a death in police custody SHALL

Answer 4

• protect the scene and all evidence
• immediately request the attendance of a supervisory officer
• notify the Officer in Charge

Question 5

Police Officer – Detective Operations – Forensic Identification Services (FIS)

2. When attending the scene of a death in police custody SHALL

Answer 5

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.

Question 6

Supervisory Officer

3. When notified of a death in police custody SHALL

Answer 6

• attend immediately and take charge of the scene
• request the attendance of
  o an investigator from Homicide
  o an investigator from FIS
  o the Coroner
• ensure the Officer in Charge has been notified
• notify the Officer in Charge – Toronto Police Operations Centre (TPOC)

Question 7

Detective – Detective Operations – Homicide

4. Upon arrival at the scene of an in–custody death, in addition to complying with unit–specific guidelines SHALL

Answer 7

• take charge of the investigation
• confer with the attending Coroner at the scene

Question 8

Officer in Charge

5. When notified of a death in police custody SHALL

Answer 8

• ensure the attendance of
  o an investigator from Homicide
  o an investigator from FIS
  o the Coroner
• ensure the Officer in Charge – TPOC is notified
• notify the Unit Commander

Question 9

Officer in Charge – Toronto Police Operations Centre

6. When notified of a death in police custody SHALL notify

Answer 9

the Chief’s SIU On-Call Designated Authority and the appropriate Deputy Chief of Police

Question 10

Definitions 04-16

Death in Custody means

Answer 10

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.