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

Answer 2

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

Question 3

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.

Answer 3

parallel investigations when there is a death in police custody

Coroner

Question 4

Member - When notified of an impending Coroner’s Inquest SHALL

Answer 4

comply with Procedure 12–06.

Question 5

Police Officer - Upon becoming aware of a death in police custody SHALL

Answer 5

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

Question 6

Police Officer – Detective Operations – Forensic Identification Services (FIS) -
When attending the scene of a death in police custody SHALL

Answer 6

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 7

Supervisory Officer - When notified of a death in police custody SHALL

Answer 7

 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)

Question 8

Detective – Detective Operations – Homicide -
Upon arrival at the scene of an in–custody death, in addition to complying with unit–specific guidelines SHALL

Answer 8

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

Question 9

Officer in Charge - When notified of a death in police custody SHALL

Answer 9

 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

Question 10

Officer in Charge – Toronto Police Operations Centre -
When notified of a death in police custody SHALL notify

Answer 10

the Chief’s SIU On-Call Designated Authority and the appropriate Deputy Chief of Police, in compliance with Procedure 13–16.

Question 11

Chief’s SIU On-Call Designated Authority - When notified of a death in police custody SHALL

Answer 11

 ensure the SIU is promptly notified
 comply with Procedure 13–16

Question 12

Definitions - Chief’s Special Investigations Unit (SIU) On-Call Designated Authority

Answer 12

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.

Question 13

Definitions - Death in Custody

Answer 13

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.

Question 14

Definitions - Special Investigations Unit (SIU) Mandate

Answer 14

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.

Question 15

The SIU Director may cause an investigation to be conducted if, at the time of the incident,

Answer 15

 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.