05-34 Serious Assault Flashcards
What is the Rationale?
The purpose of this procedure is to provide members with direction regarding the processes for undertaking and managing aggravated assaults and attempted homicide investigations, in accordance with Section LE-039 of the Policing Standards Manual.
Supervision
Supervisory Officer mandatory attendance
Divisional Detective mandatory attendance
OCE Detective or Investigator mandatory notification where shooting has occurred
Officer in Charge mandatory notification
Procedure -
As set out in their mandate, Divisional Detectives SHALL lead the investigation of all aggravated assaults and attempted homicides that occur within the City of Toronto with the exception:
of shootings, where Organized Crime Enforcement (OCE) shall lead; and
when the victim is under the age of sixteen (16) and the suspect is a caregiver, parent or a person in a position of
trust or authority where an investigator from the Child and Youth Advocacy Centre (CYAC) shall lead Investigations, where a charge of attempted murder is appropriate will be conducted in accordance with the Ontario Major Case Management Manual (OMCMM).
First Police Officer -
The first police officer to arrive at the scene of an aggravated assault and/or attempted homicide SHALL be responsible for the
safety and wellbeing of the victim, offender management as well as preservation of the evidence and crime scene while awaiting the arrival of an appropriate investigator.
First Police Officer - Upon arrival at the scene of an aggravated assault and/or attempt homicide SHALL
provide assistance to the victim
- if the victim is under the age of sixteen (16) years comply with Procedure 05-06
- offer the assistance of Victim Services Toronto in compliance with Procedure 04-31
advise the communications operator of relevant information for broadcast such as the description of the suspect
(if available), direction of travel and any other relevant information
take charge of the scene until relieved by a supervisory officer
request additional assistance, as required
request the attendance of
a supervisory officer
a divisional detective
a detective/investigator from OCE, if a shooting has occurred
an investigator from CYAC, if the victim is under the age of sixteen (16) and the suspect is a caregiver,
parent or a person in a position of trust or authority
an investigator from Detective Operations – Forensic Identification Services (FIS)
pending the arrival of a supervisory officer, assign officers to complete necessary tasks
ensure nothing at the scene is touched or used, including the telephones and bathrooms
under the direction of FIS, collect and preserve all physical evidence in compliance with Procedures 04-21 and
09-01
ensure the communications operator and the Officer in Charge are frequently apprised of all pertinent details
obtain the name, address, email address, other means of contact and telephone number(s) of every person present at the scene or sufficient information, including descriptions, to assist in locating these persons at a later time
remove all persons to an area away from the immediate scene
encourage all persons present to remain available for questioning
preserve the integrity of evidence of witnesses by ensuring they don’t discuss their observations with each other
do not offer anonymity to witnesses
ensure only personnel involved in the investigation are permitted to enter the crime scene
comply with Procedure 13–17 by making notations in the memorandum book, including such information as
sketching a diagram of the scene
any weapons
the location and position of the victim where medical intervention was being conducted
blood stains
items of evidence
room furnishings (indoor scene) or weather conditions (outdoor scene)
physical characteristics of the scene
conversations with witnesses
any other information pertinent to the investigation
First Police Officer - If the suspect is present SHALL
where REASONABLE GROUNDS exist, arrest the suspect in compliance with Procedure 01–01
if there are multiple suspects, separate them from each other as soon as practicable
isolate the suspect from witnesses as soon as possible
isolate the suspect from the victim as soon as possible
avoid cross-contamination of potential evidence by limiting contact to either the suspect or victim wherever possible
this should be observed specifically when trace evidence may be collected
note all conversation with the suspect in the memorandum book
note the condition of the suspect in the memorandum book, particularly
clothing
injuries
manner of speaking, movements and general behaviour
refrain from unauthorized questioning of the suspect
conduct a Person Query, including a CPIC check and Canadian Firearms Registry On-line (CFRO) check
First Police Officer - If the suspect has left the scene SHALL
obtain the type of information contained in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS
exist to believe there is a threat to safety
obtain and broadcast all relevant information including a description, whether the suspect is armed, and the mode
and direction of travel
select Yes for the BOLO option when completing the suspect Entities page
Records Management Services – Operations will create and post a BOLO.
First Police Officer - When collecting or seizing evidence SHALL
ensure it remains protected and undisturbed until examined by a detective or investigator from FIS
if the evidence must be disturbed, seize it for protection, and mark and note its original location
comply with Procedure 04–21
First Police Officer - Upon completion of the initial investigation SHALL
follow the instructions of the attending detective pertaining to the completion of the applicable eReports and any related reports
submit all seized evidence in compliance with Procedure 04–21 and the applicable procedures in Chapter 9
complete the memorandum book notes in compliance with Procedure 13–17
complete the TPS 303 and TPS 466, as applicable
scan and attach the memorandum notes and any hardcopy reports to the original eReport
provide the original eReport number to the
other attending officers who may need to add supplementary information
Officer in Charge
divisional detective or OCE detective/investigator where a victim(s) has been shot or shots have been
discharged
investigator – FIS
Major Case Manager - Divisional Detective in the event that an attempted murder investigation is launched (in the case of a shooting where a victim has been wounded or shots have been fired, an OCE detective/investigator SHALL be assigned)
investigator – CYAC, as applicable
obtain permission from the Major Case Manager/Divisional Detective prior to reporting off duty
First Police Officer - Upon completion of the initial investigation SHALL
follow the instructions of the attending detective pertaining to the completion of the applicable eReports and any related reports
submit all seized evidence in compliance with Procedure 04–21 and the applicable procedures in Chapter 9
complete the memorandum book notes in compliance with Procedure 13–17
complete the TPS 303 and TPS 466, as applicable
scan and attach the memorandum notes and any hardcopy reports to the original eReport
provide the original eReport number to the
other attending officers who may need to add supplementary information
Officer in Charge
divisional detective or OCE detective/investigator where a victim(s) has been shot or shots have been
discharged
investigator – FIS
Major Case Manager - Divisional Detective in the event that an attempted murder investigation is launched (in the case of a shooting where a victim has been wounded or shots have been fired, an OCE detective/investigator SHALL be assigned)
investigator – CYAC, as applicable
obtain permission from the Major Case Manager/Divisional Detective prior to reporting off duty
Second Police Officer -
The second police officer to arrive at the scene of an aggravated assault and/or attempted homicide SHALL be responsible for
preserving the crime scene, if necessary, and noting any pertinent details in their memorandum book.
Second Police Officer - Upon arrival at the scene of an aggravated assault and/or an attempted homicide SHALL
in the absence of a supervisory officer take direction from the first police officer
take up a position at the entrance to secure the scene
record the names of all personnel attending, and the times they enter or leave, using a TPS 243 whenever possible
or, if not available, the memorandum book
Second Police Officer - Upon completion of the initial investigation SHALL
complete the memorandum book notes in compliance with Procedure 13–17
add supplementary information to the original eReport, if applicable
scan and attach the memorandum notes and any hardcopy reports to the original eReport
obtain permission from the Major Case Manager/Divisional Detective or OCE detective/ investigator prior to
reporting off duty
Additional Police Officers -
Police officers involved in all stages of an aggravated assault and/or attempted homicide investigation SHALL ensure that the crime scene and all evidence are
protected from disturbance or contamination.
Additional Police Officers - Upon arrival at the scene of an aggravated assault and/or attempted homicide SHALL
in the absence of a supervisory officer take direction from the first police officer
perform duties as assigned by the first police officer or supervisory officer, including but not limited to
guarding and preserving the scene and any evidence as required
searching the area for suspects, weapons or other evidence
canvassing the neighbourhood for information
Do no offer anonymity to witnesses
Additional Police Officers - When collecting or seizing evidence SHALL comply with item 4.
ensure it remains protected and undisturbed until examined by a detective or investigator from FIS
if the evidence must be disturbed, seize it for protection, and mark and note its original location
comply with Procedure 04–21
Additional Police Officers - When performing a door–to–door canvass SHALL
carry a sufficient quantity of the TPS 233 and TPS 234
complete a TPS 233 for every premises attended
leave a TPS 234 at every residence where there is no answer
Additional Police Officers - Upon completion of the initial investigation SHALL comply with item 7.
complete the memorandum book notes in compliance with Procedure 13–17
add supplementary information to the original eReport, if applicable
scan and attach the memorandum notes and any hardcopy reports to the original eReport
obtain permission from the Major Case Manager/Divisional Detective or OCE detective/ investigator prior to
reporting off duty
Supervisory Officer -
The first supervisory officer to arrive at the scene of an aggravated assault and/or attempted homicide SHALL be responsible for the
quality and thoroughness of the uniform response.
Supervisory Officer - When advised of an aggravated assault and/or attempted homicide SHALL
attend the scene promptly
ensure sufficient personnel are dispatched to the scene
take charge of all uniformed police officers
provide assistance and direction to the police officers at the scene
ensure the attendance of
a divisional detective and where a shooting has occurred where no injuries are sustained or a victim(s) has been wounded, contact the OCE to ensure attendance of a detective or an investigator to take control of the investigation
an investigator from CYAC if the victim is under the age of sixteen (16) and the suspect is a caregiver, parent or a person in a position of trust or authority
an investigator from FIS
A Scenes of Crime Officer (SOCO) SHALL not be deployed to examine any scene of an aggravated assault and/or an attempted homicide without consulting with FIS
notify the Officer in Charge
ensure only essential personnel are allowed to enter/remain at the scene
ensure the communications operator and the Officer in Charge are frequently apprised of all pertinent details
ensure the TPS 243 is used by officers assigned to guard the entry to the scene
ensure personnel are detailed to
search the area for suspects, weapons or other evidence
commence a systematic, door–to–door canvass at the earliest opportunity
ensure the results of all searches and canvassing are submitted to the Major Case Manager/Divisional Detective
ensure that officers involved in the investigation are mindful of cross-contamination between suspect(s),
witness(es) and victim(s)
complete and submit a TPS 466, along with the eReport number to the Major Case Manager/Divisional Detective
prior to reporting off duty
scan and attach the memorandum notes and any hardcopy reports to the original eReport
Supervisory Officer - When assigning members to perform a door–to–door canvass SHALL ensure
members are
briefed and properly instructed
given a sufficient quantity of the TPS 233 and the TPS 234
assigned to a specific area/address
directed that witnesses are not to be offered anonymity and this is recorded in notes
compliance with item 10
the results are submitted to the Major Case Manager/Divisional Detective/OCE Detective or Investigator where
applicable
Detective – Division
The divisional detective or MCU detective SHALL be responsible for ensuring
effective management of the crime scene and that the appropriate notifications are made whether or not the victim(s) has/have been struck by gunfire. The notification of an detective/ investigator from the OCE is based on the discharge of a firearm with the intent to wound a person(s).
Detective – Division - Upon being notified of an aggravated assault and/or attempted homicide SHALL
attend the scene promptly
advise the communication operator upon arrival
ensure the Officer in Charge is notified
add supplementary information to the original eReport
complete the memorandum book, TPS 303 and TPS 466, as applicable
scan and attach the memorandum notes and any hardcopy reports to the original eReport
Detective – Division - If an OCE detective/investigator is not attending the scene SHALL lead the overall investigation
scan and attach the memorandum notes and any hardcopy reports to the original eReport
Officer in Charge -
The Officer in Charge is responsible for ensuring an appropriate
uniform response, and in the absence of the detective sergeant, an appropriate investigative response.
Officer in Charge - Upon being notified of an aggravated assault and/or attempted homicide SHALL
ensure divisional detective personnel attend the scene
ensure an OCE detective/investigator attends the scene where a person has been wounded by gunfire or a firearm
has been discharged at a person(s)
seek the assistance of other divisions to provide response to calls for service, if required
ensure FIS is notified
ensure the CYAC is notified of an aggravated assault and/or attempt homicide of a child under sixteen (16)
notify the
Unit Commander, if on duty
the Officer in Charge – TPOC
ensure all officers assigned to duties related to the aggravated assault and/or attempt homicide
complete their memorandum book and a TPS 466
scan and attach their memorandum notes and hardcopy reports to the original eReport prior to reporting off duty
ensure the applicable eReports are completed, as applicable
Investigator – Detective Operations – Forensic Identification Services - The FIS investigator SHALL
take charge of the scene in the absence of a divisional detective or an OCE detective/investigator.
Investigator – Detective Operations – Forensic Identification Services - Upon arrival at the scene of aggravated assault and/or an attempted homicide, in addition to complying with unit specific guidelines, SHALL
co–ordinate the collection of evidence in consultation with the attending OCE detective/investigator, or divisional detective.
Investigator – Detective Operations – Homicide
The Homicide investigator SHALL be responsible for ensuring the
thoroughness of an investigation where death may be imminent based on consultation with a physician.
Investigator – Detective Operations – Homicide - When notified of an attempted homicide where the injuries are such that death is likely and where consultation with a medical physician has taken place SHALL
consult with either the divisional detective, OCE detective/investigator or CYAC investigator at the scene
gather sufficient information to determine whether the attendance of a Homicide investigator is required and
advise the above officer of the determination
provide the necessary support and guidance
Major Case Management – Divisional Detective or OCE Detective/Investigator or CYAC Investigator -
An officer who is a Divisional/MCU/OCE/CYAC investigator or a member holding the rank of Detective Sergeant where appropriate SHALL
be designated as the Major Case Manager to undertake the functions and responsibilities as directed by the OMCMM.
Major Case Management – Divisional Detective or OCE Detective/Investigator or CYAC Investigator - Upon notification and/or arrival at the scene of an attempted homicide, in addition to complying with unit–specific guidelines SHALL
take charge of the investigation and comply with the OMCMM
designate a Primary Investigator, if necessary
ensure an BOLO is generated in compliance with Procedure 17-07
determine whether any of the individuals involved in the occurrence own, possess or have access to a firearm,
ammunition, weapons, firearms certificate, registration certificate, permit, licence or authorization and comply with Procedure 05–21
consider and exercise if necessary, all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives and the related licences, certificates or permits
The search and seizure provisions contained in S. 117 of the Criminal Code must be carefully considered in all cases. Officer and public safety is compromised when firearms are left in a dwelling and may come into the possession of an unlicensed person and/or person untrained to properly handle firearms.
notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor
consider contacting all persons known to police who may provide the suspect access to firearms or related licences, certificates or permits
consider applying for a prohibition order or seeking a revocation where there are REASONABLE GROUNDS TO BELIEVE
it is not desirable in the interests of safety for the suspect to possess weapons
Major Case Management – Divisional Detective or OCE Detective/Investigator or CYAC Investigator - In co–operation with the Children’s Aid Society, ensure an assessment of the risk to other children is completed in all cases where foul play is suspected and
Decisions regarding the safe placement of siblings or other children who may be at risk are time sensitive. Collaborative information sharing facilitates timely decisions that will safeguard children who may potentially be at risk, while preserving the integrity of the criminal investigation.
ensure an investigator from FIS attends and photographs/videotapes the scene, as required,
ensure the applicable reports and eReports are completed.
Major Case Management – Divisional Detective or OCE Detective/Investigator or CYAC Investigator - When preparing for an investigative canvass SHALL
ensure the applicable sections of the TPS 233 are completed.
Officer in Charge – Toronto Police Operations Centre -
In addition to unit–specific requirements, the Officer in Charge – TPOC is responsible for ensuring that a
divisional detective or an OCE detective/investigator or CYAC investigator and Victim Services Toronto have been notified.
Officer in Charge – Toronto Police Operations Centre - Upon being notified of an aggravated assault and/or attempted homicide SHALL ensure
a divisional detective or an OCE detective/investigator or CYAC investigator have been notified
Victim Services Toronto has been notified, or during non–office hours, notify the On–Call Victim Services personnel
Definitions - Aggravated Assault
every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. [Source: Criminal Code S.268(1)]
Definitions - Attempt Homicide/Attempt to Commit Murder
every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) in any other case, to imprisonment for life. [Source: Criminal Code S.239]
