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VANCOUVER POLICE DEPARTMENT

PLANNING AND RESEARCH SECTION

POLICY REPORT

REPORT DATE: November 10, 2006 BOARD MEETING: November 15, 2006BOARD REPORT # 0674A

TO: Sam Sullivan, Chair, Vancouver Police Board Vancouver Police Board Members Vancouver Police Union FROM: Volker Helmuth, A/Director i/c Planning and Research Section SUBJECT: Amendments to the Regulations and Procedures Manual (RPM) RECOMMENDATION(S): THAT, as presented in Report #0674, the Vancouver Police Board approve the following amendments to the Regulations and Procedures Manual: Jail Operations and Prisoner Escorts

25.02 - Authorization to Detain 25.01 - Overview of Jail Operations 25.04 - Search Policy 25.06 - Transportation of Persons in Custody 25.09 - Fingerprinting 25.10 - Fingerprinting and Photographs – Young Offenders 25.12 - Prisoners – Sentenced or Remanded 25.25 - Jail – Hold State of Intoxication in a Public Place 25.31 - Use of Force by Custodial Guards 32.01 - Violence in Relationships – General Procedures 34.02 -Young Persons – Charges and Arrests 34.03 - Intoxicated Youth

POLICY: THAT, the Vancouver Police Board approve the amendments to the Regulations and Procedures Manual pursuant to Section 28 of the Police Act.

PURPOSE: THAT, the following amendments to the Regulations and Procedures Manual be submitted to the Vancouver Police Board for their consideration and approval, and subsequent forwarding to Police Services as required by Section 28 of the Police Act. DISCUSSION/ IMPLICATIONS/ ALTERNATIVES Jail Operations and Prisoner Escorts In April of this year the Vancouver Police Department assumed responsibility for the operation of the Vancouver Jail. As a result, the Department now performs functions previously performed exclusively by B.C. Corrections staff. Our existing policy and procedures do not provide a framework for many of the functions critical to the operation of the Jail. In consultation with the Court and Detention Services Section, other impacted Sections and outside agencies, the Planning and Research Section has developed comprehensive policies and procedures specific to the operation of the Jail. RPM Section 25: Prisoners and Escorts has been substantially amended to capture these policies and procedures, and renamed Section 25: Jail Operations and Prisoner Escorts. The amendments lay out a clear and comprehensive framework specific to the duties of police members and jail guards.

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CONCLUSION: The Executive Committee of the Vancouver Police Department has approved the proposed amendments outlined in this report and request that the Vancouver Police Board approve and adopt these procedures. Author: Volker Helmuth Telephone: 604-717-2682 Date: November 10, 2006 Submitting Executive Member (signature):

Date: This report has been prepared in consultation with the Sections/Divisions listed below, and they concur with its contents. Concurring:

Date:

Date:

Date:

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APPENDIX 1 AUTHORIZATION TO DETAIN

EXISTING PROCEDURE

Section 25.02 Prisoners - Responsibility For

1. Members shall be personally responsible for searching their prisoners, and for the safe custody, at all times, of:

a. Persons arrested by them; b. Prisoners guarded by them; and c. Prisoners escorted by them.

Until this obligation is removed by another peace officer accepting such responsibility.

2. Whenever a prisoner is treated or attended to by Emergency Health Services personnel (EHS), the arresting member shall obtain a copy of the EHS Crew Report, attach the copy to the Vancouver Jail Arrest Report, and check off the box on the Arrest Report that indicates that the prisoner was attended by EHS. Both reports shall be submitted to the Jail staff with the prisoner. Where the person in custody is being escorted to Detox, the transporting member shall submit the copy of the EHS Crew Report to the Detox staff when the person is admitted.

3. Whenever a person in custody is transferred to the charge of another person or

facility, members shall ensure that all injuries, and any medical condition(s), are clearly explained to the person or agency taking charge of the prisoner.

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APPENDIX 1

AUTHORIZATION TO DETAIN

PROPOSED PROCEDURE Section 25.02 – Authorization to detain The following persons only are to be detained in the Vancouver Jail:

1. Those arrested pursuant to provisions contained in legislation; 2. Those arrested for other Departments, where a charge has been laid and arrival

of escort with warrant is awaited; 3. Those arrested or held for processing by the Immigration Department; 4. Those arrested for being in a state of intoxication in a public place that are violent

and require restraint or are refused admittance by the Detox Centre; and 5. Other persons where prior authorization has been obtained from the Inspector i/c

Court and Detention Services. The Jail NCO shall ensure that authority exists to detain all individuals brought to the Vancouver Jail, and may make an independent judgment as to the legality of detaining an individual. Procedure

1. The Jail NCO or designate shall:

a. Determine if a prisoner will be admitted to the Jail; b. In circumstances where the prisoner will not be admitted to the Jail, record

the event in the Jail Log; and c. Process any Promise to Appear, OIC release etc, as required.

2. The Guard Supervisor or Jail Constable Shall:

a. Monitor staff and assist with or direct prisoner movement when required; and b. Monitor the holding cells to assist with the timely processing of new prisoners.

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APPENDIX 2 OVERVIEW OF JAIL POLICIES

PROPOSED NEW PROCEDURE

Section 25.01 - Overview of Jail Policies and Procedures Section 25 of the Regulations and Procedures Manual outlines policy and procedure for Prisoners, Escorts, and Jail related issues. The following definitions detail terminology that may be unfamiliar to members working outside of the Jail. Definitions

1. A&D – Admitting and Discharge. This refers to the “sheriff’s area” located on Level 0. 2. Control Officer – Vancouver Jail Guard responsible for the security and movement inside

and outside of the Jail. 3. Guard Records Officer- Vancouver Jail Guard responsible for transferring and releasing

inmates and processing and maintaining related records. 4. Guard Supervisor – Vancouver Jail Guard responsible for supervising and participating

in the work of Vancouver Jail Guards. 5. Hotel 1 – This is the living unit, on the first floor, where prisoners are housed in cells

awaiting court or release. Youths and females would usually be housed in Hotel 1. 6. Hotel 2 – This refers to the living unit where prisoners are housed in cells, on the second

floor of the Jail. 7. Hotel 3 – This refers to the living unit where prisoners are housed in cells, on the third

floor of the Jail.

8. Level 0 – This refers to the “sheriff’s area” where prisoners are held in cells, awaiting escort to and from court, as well as the A&D area.

9. Level 1 – This refers to the first floor of the Vancouver Jail, and includes the booking

areas for Adults and Youths as well as Hotel 1. 10. Level 4 – This refers to the “sheriff’s area” where prisoners are held in cells awaiting

escort to and from trial court. 11. Sally Port – The Secure driveway where prisoners are loaded and unloaded in and out

of transporting vehicles.

12. Vancouver Police Jail Constable (Jail Constable) – Vancouver Police Officer assigned to the Jail, who is responsible for the intake of new prisoners, as well as other jail duties as directed by the Jail NCO.

13. Vancouver Jail Guard – VPD employee assigned to the Jail for the purposes of providing

jail guard duties.

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APPENDIX 3 JAIL POLICIES

EXISTING PROCEDURE

Section 25.04 Female Prisoners - Arrest/Escort

When a female prisoner is to be arrested or escorted, a female member shall be present when practical. When not practical, another male member shall be present.

When a female prisoner is to be transported, members will advise the Channel Dispatcher of their vehicle's mileage and their intended destination. On arrival, members will again advise the Channel Dispatcher as to their status and vehicle mileage.

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APPENDIX 3

JAIL POLICIES

PROPOSED PROCEDURE

Section 25.04 - Search Policy

For a search to be lawful, it must meet the Supreme Court of Canada's "reasonableness" test. Although each case will be judged individually, the Court has provided the following guidelines:

A search is reasonable if it is authorized by law, if the law authorizing the search is reasonable, and if the manner in which the search was carried out is reasonable. Searches must not be conducted in an abusive fashion. The use of physical and psychological constraints should be proportionate to the objectives sought and other circumstances of the situation. The more intrusive the search (e.g., body cavity or "choke hold"), the higher the standard of justification required.

Definitions

Transsexual: A person born with the physical characteristics of one sex who emotionally and psychologically identifies as a person of the opposite sex. A transsexual may seek to live as a member of this sex especially by undergoing surgery or hormone therapy to obtain the necessary physical appearance.

Split Search: The systematic search of a transsexual person in which male officers are utilized to search areas near the male genitalia of the body and female officers are utilized to search the areas near the female breasts and/or genitalia.

General Information

1. There are three categories of personal searches:

a. Body Search: A thorough search of a person’s clothing at the time of arrest.

b. Strip Search: A thorough search and examination of a person's clothing and body. This will include the removal of some or all of the clothing of a person, so as to permit a visual inspection of all areas of a person’s body.

c. Internal Search: A search of body orifices.

Authority to Search

2. A police officer is authorized to search a person:

a. with the person's consent (for a Body Search);

b. as an incident to a lawful arrest; and

c. when authorized by statute relating to an alleged offence.

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3. Precautionary Measures

a. Members who conduct a personal search shall take appropriate precautions to protect themselves (e.g., wearing protective gloves, etc.)

b. Any member who suffers a puncture wound or comes in contact with bodily fluids from a person suspected to be in a high-risk category shall attend at St. Paul's Hospital (also see 44.11 - Infectious Diseases and 44.08 - Injuries to Department Personnel).

4. Gender of Searcher

Members shall not search a person of the opposite sex, other than cursory searches of clothing, unless there is an immediate risk of injury or escape (See exception to this in subsection 5).

5. Transsexual Prisoner Searches

a. Where prisoners identify themselves as being transsexual, or members have reasonable grounds to believe that the prisoner is of the opposite sex to which they appear, transporting members or jail staff shall ensure that the Jail NCO, Jail Constable Intake Officer, or designate is notified of that information prior to leaving the prisoner at the Jail.

b. If the prisoner is to be strip searched and the NCO or designate is satisfied that the prisoner is a transsexual person, the prisoner may choose the gender of the person who will conduct the search. The prisoner may also choose to have a “split search” with male searching areas with male genitalia and female searching areas with female genitalia and/or breasts.

c. If the Jail NCO or designate is uncertain as to whether the prisoner’s claim of being transsexual is legitimate they may ask the following questions in order to make a determination as to the legitimacy of the claim:

i. What name appears on your identity documents?

ii. What is your gender identity?

iii. Have you disclosed your gender identity to your friends and/or family?

iv. What steps are you taking to live full-time in a manner consistent with your gender identity? How can you demonstrate that you are living full-time in your gender identity?

v. Have you sought or are you seeking medical or professional guidance from a qualified professional? If so, can you give me the names of these people and their professional designations?

vi. What medical steps, if any, have you taken to help your body match your gender identity?

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d. The Jail NCO or designate shall make the final determination as to whether the prisoner's claim is legitimate.

e. Jail staff shall conduct searches of transsexual prisoners as required by the Jail NCO or designate. Jail staff may, in exceptional circumstances, request to opt out of conducting a search of an opposite sex transsexual prisoner, if they can demonstrate to the Jail NCO that to conduct the search would be a serious violation of their own rights under the Human Rights Code or the Charter of Rights and Freedoms.

f. Where it is not known that a prisoner is a transsexual prior to a strip search and, in the course of the search, jail staff develop reasonable grounds to believe the prisoner is of the opposite sex, jail staff shall halt the search and ask the prisoner if they are transsexual. If the prisoner replies that they are, and the searcher is satisfied, the searcher shall ask what gender of searcher they would prefer. If the searcher is not satisfied that the prisoner’s claim is legitimate they shall refer to the Jail NCO or designate who shall follow the procedure set out in subsection 5(c).

Strip Searches

6. Strip Searches shall be authorized by a NCO or Jail Intake Officer and conducted at the Vancouver Jail, unless there are exigent circumstances requiring the immediate preservation of evidence or the presence of an immediate safety risk. Prisoners arriving at the Vancouver Jail may be subject to a strip search. The Intake Officer at the Jail shall determine, on a case by case basis, whether a prisoner shall be subject to a strip search. Current case law (R. v. Golden) holds that strip searches cannot be carried out as routine policy or procedure. Anyone conducting a strip search is reminded that their actions may be challenged in court and that they must be able to clearly articulate why a strip search was required in each particular instance.

7. The Intake Officer must consider the likelihood of a the prisoner being released by the Jail NCO prior to entering the jail population versus being detained in the jail population for a period of time.

8. If the prisoner is going to be detained in the jail population, the Intake Officer shall only authorize a strip search of the prisoner if they have formed reasonable and probable grounds to believe that the prisoner has weapons, contraband, or evidence that may be discovered by conducting such a search. The following factors shall be considered by the Intake Officer when deciding whether reasonable and probable grounds exist to conduct a strip search:

a. The reason for the arrest/charge;

b. Information received from other persons, including the arresting or transporting officers, witnesses, other prisoners etc;

c. The prisoner’s demeanor and behaviour;

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d. The prisoner’s criminal history and information retrieved from police records;

e. Information provided by the prisoner themselves; and

f. The likelihood of discovering evidence related to the offence that the prisoner was arrested for.

9. Where the criteria for conducting a strip search are not met, members are not permitted to conduct a strip search as a “consent search”.

10. The Intake Officer shall then complete the “Intake Officer” portion of the VPD 602 Vancouver Jail Arrest Report. The officer will document whether or not they authorized a strip search of the prisoner, the reason for their decision, and the grounds for authorizing the strip search (if applicable).

11. Strip searches shall only be conducted:

a. When authorized by the Jail Constable or an NCO, or In exigent circumstances such as an immediate need to preserve evidence or in response to an immediate safety risk;

b. Incidental to arrest;

c. Of a person who is the same sex as the officer (except as described where the prisoner is transsexual);

d. With only the necessary personnel required to conduct the search;

e. In stages, as opposed to having the prisoner completely disrobed at any one time; and

f. in private, with all windows and doors closed;

Body Cavity Searches

12. Internal searches, e.g., anal or vaginal searches, are a great intrusion of an individual's privacy and dignity and are only to be resorted to in the following circumstances:

a. When there are reasonable grounds to believe narcotics or weapons are being carried in an internal body cavity of the suspect; and

b. In cases of considerable significance.

13. Internal searches must be authorized by the Inspector i/c Drugs/Gangs Section or the Duty Officer.

14. Internal searches must be conducted by a qualified medical practitioner.

15. Members who have received authorization for an internal search shall comply with the following procedure:

a. Lodge the suspect in the Jail under continuous observation;

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b. Request the attendance of an RCMP Supernumerary Constable/physician, of the same sex as the suspect if practicable, via the Jail NCO. The Jail NCO shall maintain an up-to-date file of the available RCMP physician(s);

c. Advise the RCMP physician of the specific search requested and the specific grounds for the search. The search shall not exceed that which is supported by the grounds (e.g., rectal searches shall not be conducted when the grounds support a vaginal search only);

d. Take all reasonable steps to avoid or minimize the intrusiveness of the search (e.g., explaining process, offering alternatives, and providing assistance in contacting counsel);

e. A police investigator of the same sex as the suspect shall be present for body-cavity searches;

f. If a charge is recommended, include in the GO report to Crown Counsel particulars of the body-cavity search, and whether or not drugs were recovered;

g. Whether or not drugs were recovered, submit a detailed VPD 68, with a copy of any other relevant reports, to the Inspector i/c Drugs/Gangs Section containing the following information:

• Name of the suspect;

• Brief circumstances of the case, including the incident number and the grounds for the search;

• Name of the person who authorized the search;

• Name of the RCMP physician who conducted the search;

• Date and time the RCMP physician was called;

• Time the search was commenced;

• Time the search was completed; and

• What if anything was found.

16. The inspector i/c Drugs/Gangs Section shall maintain a log of all body-cavity searches conducted during VPD investigations.

17. Where the criteria for conducting an internal search are not met, members are not permitted to conduct an internal search as a “consent search”.

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EXISTING PROCEDURE

Section 25.06 Booking of Prisoners

1. All Vancouver Police members and peace officers from outside agencies presenting a prisoner to the Vancouver Jail shall:

a. Search and handcuff the prisoner prior to placing them in the holding area; and

b. Provide a completed Vancouver Police Arrest Report to the Booking Jailer. The arresting member shall note in the medical remarks or arrest narrative section of the Arrest Report whenever a prisoner:

i. Has received any injury or suffers from any illness; ii. Was placed in a vascular neck restraint; iii. Is a known drug addict or has taken any drugs; iv. Requires, or is presently on, medication; v. Has received medical treatment (See Section 25.02 – Prisoners,

Responsibility For if prisoner attended by EHS), or has refused such treatment;

vi. Has a history of mental illness or suicide attempts; vii. Was placed in the Wrap™; viii. If Oleoresin Capsicum Spray or a baton was used while placing

him/her under arrest; and ix. Is wearing a medical bracelet, the contents of that Medical Bracelet.

2. Corrections staff shall retain and file all Vancouver Police Arrest Reports and advise the Jail Nurse of any of the conditions noted in the medical remarks or arrest narrative.

3. When the Vancouver Police Arrest Report indicates the prisoner has been attended by EHS, Corrections staff will ensure the Jail Nurse receives the EHS Crew Report copy accompanying the Vancouver Police Arrest Report.

4. In the event a person is released to the custody of another facility or police agency, Corrections staff and/or VPD members shall:

a. advise the other facility or police agency of all relevant medical issues concerning the person in custody; and

b. note that advice in the Medical Information Form. 5. Ensure that CPIC forwards all documentation concerning the confirmation of

warrants to the Jail.

http://ipar.vpd.bc.ca/rpm/sections/25.02.htm


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APPENDIX 4

JAIL POLICIES

PROPOSED PROCEDURE Section 25.06 Transportation of persons in custody

Policy

Members are responsible for the safe and timely transportation of persons in their custody. A police wagon is the primary method of transporting people in custody. The Department recognizes that wagon drivers may be diverted to an emergent situation while in the process of transporting persons in custody. Wagon drivers must therefore consider the time delay involved and continue with the transport as soon as practicable.

Procedure

1. Whenever possible, a person in custody shall be transported by police wagon. Members should consider transporting people in custody in a police car where conditions such as advanced pregnancy, disability or infirmity exist. Members must also make an assessment of the person in custody to determine whether officer safety concerns limit their ability to transport in a police car. When people are transported in a police car, they will be placed in the rear right seat of the vehicle, and shall be accompanied by a member who will sit behind the driver. When two members are provided for escort, the person in custody will be seated between the escorts.

2. Every person transported by the wagon shall have an accompanying Vancouver Jail Arrest Report completed.

3. For all parties being transported to the Jail: the wagon driver shall ensure that the arresting members have completed the Vancouver Jail Arrest Report (VPD 602) prior to transporting any person in the wagon.

4. For all other transportation (Breaches, Impaired Drivers, or others): the wagon driver shall ensure that the arresting members have completed the Vancouver Jail Arrest Report listing the pertinent information, including the reason for the transportation prior to transporting any person in the wagon. The wagon driver will record the release location.

5. It is the responsibility of the arresting member to ensure that all Descriptors, Prisoner Alerts, Medical Remarks, Circumstances of Arrest and Prisoner Effects and Property are completed on the Vancouver Jail Arrest Report, PRIOR to transportation of the person in custody. This report will be reviewed by the wagon driver to ensure that the report is complete.

6. The wagon driver shall confirm that the arresting member(s) have conducted a body search and that those member(s) have recorded their PIN numbers in the appropriate field on the Vancouver Jail Arrest Report.

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7. The wagon driver shall conduct a field search and ensure that every person is checked with a metal detector prior to that person entering the wagon.

8. Prior to the end of their shift, the wagon driver will take all non-Jail related Vancouver Jail Arrest Reports (Breaches, Impaired Drivers, or others) and all Detox Forms and place those reports in the 215/ Vancouver Jail Arrest Reports depository at the 312 or 2120 Public Service Counter. The Public Service Counter staff will submit these forms to the Archive Unit on a monthly basis.

9. Members transporting a person in custody in a police car shall search the rear seat area before and after the transport.

10. Males and females shall not to be transported in the same wagon compartment.

11. Persons in custody who are handcuffed shall not be transported in the same compartment of a police wagon as persons who are not handcuffed

12. All persons in custody transported by police wagon shall be handcuffed, unless pregnancy, infirmity, disability or other circumstance would make handcuffing impractical. Anyone placed in the Wrap restraining device shall not be transported in the same compartment with other prisoners and must be transported directly to the Jail. The Police Jail Supervisor and Jail Nurse must be advised of anyone who been transported to the Jail while restrained in the Wrap (see also Section 31.01).

13. When there are two or more persons in custody in the same incident, they should be transported separately.

14. Members are encouraged and expected to check on the well being of persons in their custody, particularly when a considerable delay has interrupted the transportation of prisoners, or the prisoner being transported has been injured or suffers from a medical condition. (Refer to Section – 2.08, Arrests of Injured Persons).

15. Under no circumstances shall a young person be transported in the same compartment as an adult in a police wagon. For additional procedures on transporting young persons, refer to RPM S. 34.02 Young Persons – Charges and Arrests <Link>.

16. Members shall search the wagon compartment before and after the transport of any person(s) in custody.

17. Wagons shall enter the Vancouver Jail Sally Port (one way traffic) via the entrance off Powell Street and exit on to East Cordova Street. Sally port door will only be opened if the interior sally port area is clear of inmates.

a. Wagon drivers shall park at the forward end of the Sally Port and wait for the door to close.

b. Prisoners are to remain in the wagon while the wagon driver unloads their sidearm.

c. The Wagon driver shall unload their sidearm at the unloading station and secure sidearm inside the gun locker, door SA4.

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d. The Wagon Driver shall remove one prisoner and conduct a “body search” (refer to Section 25.04 Search Policy <LINK>) of that prisoner at the designated search bay in the sally port. The prisoner will remain handcuffed behind the back; this search shall include checking the prisoner with the metal detector supplied for this purpose. This search must be conducted prior to placing the prisoner into the pre-hold cell. The Wagon Driver will then repeat this procedure with each prisoner. If the Wagon Driver is of opposite gender to the prisoner, jail staff should be summoned to the sally port to conduct this search (refer to Section 25.04 <Link>).

e. Prisoners shall then be placed in male or female pre-hold cells. All prisoners are to be handcuffed from behind prior to being placed into a pre-hold cell. Prisoners with medical conditions that preclude handcuffing from behind shall be handcuffed in front, and the wagon driver shall advise the Vancouver jail staff accordingly.

f. Prisoners who identify themselves as being transsexual, or where the member has reasonable grounds to believe that the prisoner is a transsexual or transvestite, shall be placed into an unoccupied pre-hold cell, and the wagon driver shall verbally advise the Vancouver jail staff accordingly. If the pre-hold cells are occupied, the wagon driver shall secure the prisoner in the wagon and advise the jail staff of the situation. The jail staff shall then direct the wagon driver as to where to put the prisoner.

18. Members on foot shall enter the Vancouver Jail through door SA3, at 265 East Cordova Street.

a. Members shall conduct a “Body Search” (refer to Section 25.04: Search Policy <LINK>) of the prisoner at the search bay in the sally port. The prisoner shall be handcuffed behind the back; this search shall include checking the prisoner with the metal detector supplied for this purpose. If the officer is of opposite gender to the prisoner, jail staff should be summoned to the sally port to conduct this search. (Refer to Section 25.04 <Link>).This search must be conducted prior to placing the prisoner into the pre-hold cell.

b. Members escorting a prisoner shall place that person in a pre-hold cell prior to unloading their sidearm.

c. Prisoners who identify themselves as being transsexual, or where the member has reasonable grounds to believe that the prisoner is a transsexual or transvestite, shall be placed into an unoccupied pre-hold cell, and members shall verbally advise the Vancouver jail staff accordingly. If the pre-hold cells are occupied, members shall contact jail staff to attend the sally port and assist. Jail staff shall determine where the prisoner shall be placed.

d. Members shall unload their sidearm at the unloading station and secure the sidearm inside the gun locker, door SA4.

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19. All members shall gain access to the booking area through door H138. No weapons or visible knives are allowed in the booking area.

20. Control room staff regulate the opening and closing of jail doors by remote control and may exercise discretion accordingly. If control officers perceive a security concern, no sally port doors will be opened until all prisoners are secured. Control officers, not police or outside agencies, determine the pace of the sally port. Any concerns may be directed to the Jail NCO.

21. If EHS attends to a prisoner, a copy of the EHS Crew Report is to be attached to the Vancouver Jail Arrest Report, for the Jail Nurse. If a prisoner is returned from the hospital, a copy of the hospital medical treatment and/or release form must be delivered to the Jail Nurse.

Hospital Transfers

22. Any prisoner of the Vancouver Jail, who requires medical treatment, shall be transported to the hospital by EHS (Refer to Section 31.02: Use of Force to Provide Medical Aid <Link>). Prisoners, other than those arrested for “Hold SIPP”, shall be guarded at all times until they are returned to the jail.

23. If a prisoner is returned from the hospital, a copy of the hospital medical treatment and/or release form must be delivered to the Jail Nurse.

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EXISTING PROCEDURE

Section 25.09 Fingerprinting - Use of Force No force shall be used to obtain fingerprints prior to an information being sworn before a justice of the peace.

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APPENDIX 5

JAIL POLICIES

PROPOSED PROCEDURE Section 25.09 - Fingerprinting General The Identification of Criminals Act allows the fingerprinting and photographing of all persons arrested and charged with an offence which may be proceeded with by indictment.

Fingerprints are necessary to place a conviction for an offence on a person's criminal record. Consent Fingerprints may be obtained from adults prior to an information being sworn, if they have provided informed consent and signed the Fingerprint Consent Form (VPD1340). Young persons cannot consent to have fingerprints taken and can only be fingerprinted and photographed after an information is sworn (Section 25.10: Fingerprinting and Photographs – Young Persons <link>). Use of Force No force shall be used to obtain fingerprints prior to an information being sworn before a justice of the peace.

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EXISTING PROCEDURE

Section 25.10 Young Offenders - Fingerprinting and Photographs

1. Members shall fingerprint and photograph all young persons aged twelve to seventeen years inclusive, charged under the Youth Criminal Justice Act with an offence which may be proceeded with by indictment under the Criminal Code. If members fail to have a young person fingerprinted, a conviction for that offence will not form part of their criminal record.

2. A young person who is going to be held in custody will be fingerprinted prior to being transported to the Burnaby Youth Secure Custody Centre. If the young person resists, no force will be used. The young person will be transported to the Burnaby Youth Secure Custody Centre and returned for prints and photos after the charge has been laid.

3. The fingerprinting of charged young persons shall be conducted at all times in the BRA Fingerprint Room, adjacent to the Public Service Counter 312 Main St. In normal instances, VPD members will do fingerprinting and photographing of juveniles. A list of sections where members have been trained to take fingerprints will be posted in the BRA Fingerprint Room for the information of members requiring a juvenile to be printed. Members will be required to accompany their prisoners through the process. Young persons will not be incarcerated at the Vancouver Jail, 265 East Cordova Street.

4. Refer to Section 1.01 for release of a Young Person on an Appearance Notice.


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APPENDIX 6

JAIL POLICIES

PROPOSED PROCEDURE Section 25.10 – Fingerprinting and Photographs – Young Persons

1. Members shall ensure that all young persons aged twelve to seventeen years

inclusive, charged under the Youth Criminal Justice Act with an offence proceeded with by indictment under the Criminal Code, are fingerprinted and photographed. If members fail to have a young person fingerprinted, a conviction for that offence will not form part of their criminal record.

2. A young person who is going to be held in custody will be fingerprinted prior to being transported to the Burnaby Youth Secure Custody Centre. The young person will be transported to the Vancouver Jail. Once an information has been sworn, the jail staff will fingerprint and photograph the young person. No fingerprints or photographs shall be obtained until an information has been sworn.

Refer to Section 1.01 for release of a Young Person on an Appearance Notice

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EXISTING PROCEDURE

Section 25.12 Prisoners - Sentenced or Remanded

1. When a member of the Department wishes a prisoner held for further questioning after the prisoner has been sentenced or remanded by the Court, the member shall advise their NCO who shall notify the Vancouver Jail Police NCO. The booking member will enter the information on the Arrest Sheet in the space reserved for Disposition, noting the name of the member authorizing the hold.

2. Outside police departments requesting prisoners to be held, after sentence or

remand, must give the name of the police department and the name of the member requesting the hold to an Officer of this Department, who shall then advise the Vancouver Jail Police NCO what action to take. In no instance shall prisoners be held for a period longer than twenty-four hours unless further permission is granted.

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APPENDIX 7

JAIL POLICIES

PROPOSED PROCEDURE Section 25.12 – Remanded Prisoners

1. In order to request a prisoner held for further questioning, after the

prisoner has been remanded by the Court, a member shall request their NCO to notify the Jail NCO. The Jail NCO shall then contact the appropriate agency, in order to help facilitate the request.

2. Outside police agencies requesting a prisoners to be held after remand,

must provide an Officer of this Department with the name of their agency and requesting member. The Officer shall then provide direction to the Jail NCO. In no instance shall prisoners be held for a period longer than twenty-four hours, unless so directed by the Officer.

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Section 25.25 - Jail - Hold State of Intoxication in a Public Place (H/SIPP) Violent persons arrested H/SIPP will be transported to the jail when, in the opinion of the arresting officer, the person poses an actual or potential physical risk (as indicated by the circumstances of the arrest), or when an intoxicated person has been refused admittance by Vancouver Detox Centre Staff (refer to RPM S 2.04: Hold State of Intoxication in a Public Place <LINK>) Procedure

1. Upon arrival at the Jail, jail staff shall inform the nursing staff that an intoxicated prisoner has arrived. Intoxicated prisoners shall be medically assessed on arrival to the jail or shortly thereafter. Intoxicated prisoners with head injuries or other medical alerts shall be held separately from other prisoners for observation.

2. The nursing staff shall;

a. Visibly assess intoxicated prisoners admitted into the Vancouver Jail.

Documentation on each intoxicated prisoner shall be completed; b. Conduct a more thorough assessment if required. Transfer to hospital may also

be required if deemed necessary (Section 2.08: Arrests of Injured Persons <link>);

c. Assess intoxicated prisoners every hour. If it appears the intoxicated prisoner is at risk for aspiration the prisoner will be placed into the recovery position; and

d. Hourly awaken intoxicated prisoners who remain in custody beyond four hours, to get a verbal response and ensure their condition is not deteriorating.

3. The Booking Officer who admits the prisoner shall;

a. Inform the Jail NCO, Guard Supervisor, and Duty Nurse of medical alerts; and b. Transcribe medical record remarks/recommendations from the EHS Crew Report

and Vancouver Jail Arrest Report to the Vancouver Jail Prisoner Observation Log.

4. The Jail Guard shall:

a. Physically check and assess intoxicated prisoners every 15 minutes; and b. Move intoxicated Prisoners into the recovery position if they are sleeping.

5. The Jail NCO shall be responsible for the release of intoxicated prisoners.

25



Section 25.31 – Jail Guards – Use of Force Authority to Use Force Vancouver Police Department Jail Guards are “peace officers” for the purposes of the Criminal Code of Canada and the Offence Act of British Columbia, while they are carrying out jail guard duties. In circumstances where it is reasonably necessary in order to carry out their duties, the Criminal Code authorizes Jail Guards to use reasonable force against prisoners. Examples of circumstances where reasonable force may be used include: in self defence against unprovoked assault; to prevent against a personal assault or assault against another; to prevent the commission of an offence; to suppress a riot; and as required or authorized by law in the administration or enforcement of the law. Jail Guards shall under no circumstances use excessive force, i.e., a greater level of force than is reasonably necessary in the circumstances to which it is applied. Jail Guards who use force in the course of their duties are personally responsible for the force so applied and must themselves make the decision to use force or not. Jail Guards cannot rely on an administrative direction or order issued by the Vancouver Police Department, or any officer or supervisor within it, as authorization to use force in circumstances in which it is not otherwise authorized under the provisions of the Criminal Code or other statute. Jail Guards using force in the course of their duties may be required to justify their actions afterward in various legal forums, including criminal and civil court. Definition For the purpose of this procedure a “Use of Force” incident is defined as an incident where one or more of the following have been applied in order to gain physical control of a non-compliant subject:

a. Oleoresin Capsicum (OC) Spray b. A Baton that causes injury to a person c. A Vascular Neck Restraint d. The Wrap™ restraining device e. Any physical force to a person that causes injury, resulting in medical attention

being required or requested. Application of Force

1. In the course of carrying out their duties, Jail Guards may only use force on prisoners in circumstances where all other reasonable means of control have failed or cannot be used.

2. In the context of performing jail guard duties, the authority to use force will generally only

arise in circumstances in which it is reasonably necessary for self-defence, to prevent an assault or the commission of another offence, or to suppress a riot.

26

3. In rare circumstances Jail Guards may be required to use force on prisoners, in order generate compliance with the Jail Guard’s or other person’s duties to administer or enforce the law. Jail Guards finding themselves in situations where force might reasonably be necessary should proceed cautiously, keeping in mind that force may only be used in circumstances where it is authorized by law. Jail Guards should only proceed with the application of force after all reasonable non-physical means of obtaining compliance have been tried and exhausted, and then only to assist Vancouver Police Department police officers in carrying out lawful duties at the jail.

4. In all cases, a Guard may only use force on prisoners if the that Guard believes, on

reasonable grounds, that using force is necessary in the circumstances. In other words, force may only be used for reasons that, in the same circumstances, a reasonable person in the Guard’s position would accept as justifying the use of force.

Level of Force

1. The level of force to be used shall be limited to that which is reasonably necessary in the circumstances to achieve its purpose, and is to be discontinued as soon as possible thereafter.

2. Anyone authorized to use force is not expected to measure exactly the level of the force

that is authorized in any given circumstance. Nevertheless, anyone using excessive force, i.e., force that is a greater level than is reasonably necessary in the circumstances, may be subject to criminal prosecution and/or civil action for the excessive force used.

Documentation

3. Jail Guards witnessing or taking part in any “Use of Force” incident shall submit a written incident report to the Jail NCO, and document the incident in their notebook.

4. All Jail Constables shall follow the documentation procedures specified for each

weapon/restraint specified in Section 31.01: Use of Force – Justification, and record the details of the incident into the appropriate Jail Logs.

5. The Jail Nurse shall examine all prisoners who have been the subject of a “Use of

Force” incident, and record in their clinical notes, all observations of injury and all forms of treatment given in respect thereof.

Inquiry into Use of Force

6. Immediately following any “Use of Force” incident within the Jail, all staff witnessing or taking part in any such incident shall immediately notify the Jail NCO. The Jail NCO shall carry out a preliminary investigation in respect thereof.

7. In the event of injury, the Jail NCO shall notify the Duty Officer.

8. The Jail NCO will review the submitted reports, attach their recommendations and

submit them through the chain of command to the Inspector i/c Court and Detention Services.

9. In any circumstances where, based on the Jail NCO’s submitted report, the Inspector i/c

Court and Detention Services has reasonable grounds to believe that use of force by jail staff has been unjustified or excessive, a police investigation shall be initiated.

27

Use of Intermediate Weapons 10. The Vancouver Police Department supports the use of intermediate weapons by Jail

Guards who are qualified and/or certified to use them, when lower levels of force have been ineffective or are inappropriate, and the use of higher levels of force may not be justified and/or appropriate. The Baton and OC Spray are intermediate weapons that are authorized for use by trained and qualified Jail Guards. (See Section 56.01 - Qualifying Standards - Firearms, Baton, Vascular Neck Restraint and Oleoresin Capsicum Spray).

11. The Jail NCO, upon receiving notification that a person was killed or grievously injured

as a result of the use of an intermediate weapon, shall refer to Section 31.01 Use of Force – Justification paragraph (14)<link> and Section 25.24: Prisoner Death or Serious Injury <link> for specific procedures to be followed.

Vascular Neck Restraint

12. The Vascular Neck Restraint shall only be used when the following criteria are met:

a. The situation demands immediate control over a violent person; b. No less violent means are available; c. There is no reason to believe that the person being subdued will suffer any injury;

and d. The Jail Guard has been trained and qualified in applying the hold.

Violent Prisoners Jail Guards will assist Jail Constables and other VPD Police Officers in the handling of violent prisoners within the Jail, on verbal notice from, and as directed by, a VPD Police Officer.




28


EXISTING PROCEDURE

Section 32.01 Violence in Relationships – General Policy Policy

Violence within relationships has distinctive dynamics not found in other violent crimes. Violence often escalates and may continue or worsen if the person leaves the relationship. There is usually a power imbalance between the partners of the relationship. Violence in relationships encompasses married, common-law and dating relationships and includes heterosexual and homosexual relationships where females or vulnerable males can be the victims because there is a perceived power imbalance between the individuals. The Ministry of Attorney General has provided guidelines for the Police, Crown Prosecutors and Corrections in the Violence Against Women in Relationships (VAWIR) Policy. The guidelines emphasize a proactive arrest and charge policy. Members are encouraged to seek guidance/clarification from the Domestic Violence and Criminal Harassment Unit.

Procedure

General1. Violence in relationships is a criminal matter. It encompasses married, common-

law, and dating relationships and includes violence against women in heterosexual relationships, violence against vulnerable males in homosexual relationships, violence against males in heterosexual relationships, and violence against women in lesbian relationships. It includes those individuals who have been in an intimate relationship in the past, even though the relationship does not exist anymore.

2. Members must be sensitive to cultural differences or specific communication needs of the victim and where necessary shall utilize the services of the Victim Services Unit and interpreters. Members should be aware of the following impediments to a victim trying to cope with a volatile situation:

a. Many cultures stress the paramount value of family togetherness and often women play the primary role in preserving the family’s honour;

b. In extended families, a victim may be under pressure from several individuals other than the husband, if the victim decides to report abuse and pursue legal action;

c. Some victims speak very little or no English at all; this can act as a barrier to knowing legal rights and communicating with service providers and legal and social service agencies.

d. Marginal economic conditions can limit the options available to a victim who wishes to leave an abusive relationship. These barriers include being able to access affordable housing, having access to legal counsel for advice regarding divorce and custody of children.

http://ipar.vpd.bc.ca/rpm/sections/phoneList.htm#DVACH


http://ipar.vpd.bc.ca/rpm/sections/phoneList.htm#VSU


29

Primary Aggressor3. An allegation of mutual aggression is often raised by the primary aggressor as a

defence with respect to an assault against their partner. Members are cautioned against accepting an argument of mutual aggression rather than determining who is at the most risk and who should be arrested.

Criminal Harassment (Stalking)4. Criminal harassment is, without lawful authority and knowing that another person

is harassed or recklessly as to whether the other person is harassed, engaging in conduct that causes that other person to fear for their safety or the safety of anyone known to them.

5. Criminal harassment includes following or watching a victim, communicating with a victim or someone known to the victim, or threatening a victim or their family or friends. Criminal harassment may include vandalism or other minor criminal offences when they form a deliberate pattern leading the victim to fear for their safety. Such offences, combined with the above (following, watching, etc.) may indicate the severity of the situation and the degree of risk to the victim.

6. A stalker can be anyone: a spouse/partner, a person who lived with the victim, someone they dated, a client, a former employee, a co-worker, a fellow student, a peer, or a total stranger. Victims of stalking may feel powerless, overwhelmed, confused, isolated, and afraid to leave their home.

Call-Taker/Dispatch Duties7. Treat all violence-in-relationship calls as a priority as the victim may be at great

risk. Be aware that such calls constitute a high risk to the responding members. Whenever possible, check for previous police involvement with the subject or location and provide the responding members with all relevant information, including the possibility of the suspect having access to firearms and any records for violence. The call-taker shall:

a. Determine from the victim if the suspect is present and the suspect’s description. If the suspect has left, determine any information as to possible whereabouts;

b. Determine from the victim if weapons are involved, and type of weapons; c. Determine from the victim if the suspect may be under the influence of

drugs or alcohol; d. Determine from the victim if children are present; e. Determine from the victim if the victim has a current peace bond or

restraining order; f. Immediately conduct CPIC, Location History and Protection Order

Registry searches and advise attending members of the information obtained.

8. Dispatched calls shall not be cancelled based on a follow-up call from the victim, as the victim may have been intimidated into requesting cancellation. Responding members shall, however, be advised of the request.

Investigating Member 9. A complete investigation shall be conducted in all instances, including those

cases that do not appear likely to proceed to prosecution or where the victim may not appear co-operative. Determine if the victim has a peace bond or restraining order and immediately conduct CPIC, RMS and Protection Order Registry checks, if these checks have not been done already. If there is any information

30

suggesting that the suspect has resided in a jurisdiction other than Vancouver in the last seven years, arrange to have a PIRS check conducted at the first available opportunity.

10. Where there is evidence indicating an offence took place, members shall submit a GO report to Crown Counsel recommending a charge even if no injury occurred and regardless of the desires of the victim or their apparent willingness to testify in a criminal prosecution. Victims shall not be asked if they want charges to be laid. The consumption of alcohol or drugs by the victim or the suspect or the lack of independent corroborating evidence shall not in itself form the basis for exercising discretion not to recommend charges where reasonable and probable grounds exist. Members shall indicate on the witness sheet of the GO report to Crown Counsel whether the victim will be a reluctant or hostile witness.

11. Members are cautioned that they have very narrow discretion for not recommending charges where reasonable and probable grounds do exist. Each of the following factors must be considered before a member may exercise this discretion:

a. There is no evidence of the alleged offence other than the victim’s complaint.

b. The complainant/victim has requested that the complaint be kept confidential and that no investigation be conducted, as the victim is fearful that if the police contact the suspect, further victimization will occur.

c. There is a reasonable basis for believing that confronting the suspect with the fact that a complaint has been made would increase the risk to the victim. However, before making a decision not to charge when reasonable and probable grounds exist, the following risk factors must be considered. Based on this assessment, if the suspect poses a risk to the victim, charges must be recommended and the suspect arrested and protective conditions sought:

Past actual or attempted assault of family members Past actual or attempted assault of strangers or acquaintances Past arrest for violating the terms of a conditional release or

community supervision Separation from partner or extreme conflict regarding relationship

status within the past year Serious substance abuse or dependency Serious homicidal or suicidal ideation/intent, psychotic or manic

symptoms Past physical assault of current intimate partner Past use of weapons/credible threats of harm Recent escalation of frequency or severity of assault

d. There is no indication the suspect has possession of any firearms, a Firearms Acquisition Certificate, or any access to firearms.

e. The complainant/victim has refused to co-operate with any investigation and attempts at persuasion to co-operate have been unsuccessful.

12. Where reasonable and probable grounds exist, but charges are not recommended, investigating member shall fully document in the investigation file the information supplied from the complainant and the reasons for a request not to complete a full investigation. Members must receive authorization from their

31

supervisor before deciding that a report to Crown Counsel is not required (i.e. charges are not being recommended).

13. With relationship violence there are particular concerns surrounding repetition, continuation, or commission of another offence. Therefore, when there are reasonable grounds to believe an offence has occurred, members shall always arrest and ensure that public interest has been met prior to any release. In the majority of cases, release conditions are necessary prior to the suspect's release. For this reason release by an appearance notice or requesting a summons is not appropriate. As a condition of release, investigating members shall consider seeking a "no contact" order with the victim bearing in mind the circumstances of the case and the safety of the victim and a "no go" to the victim’s residence and if applicable, to the victim’s place of work, and to the children’s school if those children are also victims of the offence. Members shall also consider what protective conditions to recommend in the GO report to Crown Counsel which might be required to protect other persons who have been threatened, harassed, or are at risk as a result of the dispute.

14. Although an investigation is not necessarily dependent on the ability or willingness of the victim to provide a written statement, one should be obtained where possible. Members should be aware of the potential danger posed to a victim’s extended family. These individuals should be identified as soon as possible and be formally interviewed and statements obtained if it is determined that they have information relevant to either the background of the complaint or the circumstances of the alleged abuse or other related incidents.

15. In situations where apparent injury has occurred to both parties, members shall identify, arrest, and charge only the primary aggressor where grounds exist. Members must be prepared to support their identification of the primary aggressor with observations and reasons. Factors to be considered when determining the primary aggressor include but are not limited to the following:

a. Who has suffered the most extensive physical and/or emotional damage and who received treatment for the injury?

b. Who has superior physical strength and skills for effective assault? c. What is the history and pattern of abuse in the relationship?

16. In every relationship violence investigation, members shall determine whether the suspect has access to a firearm or other offensive weapon, and whether there are grounds for believing that it is not desirable in the interest of safety of the victim or any other person, that the suspect possess, or have custody or control of any firearm. If grounds exist, members shall seize the firearm or offensive weapon and take appropriate action to revoke any firearms-related certificate, licence, permit, or authorization. See Section 26.11 for seizure of firearms and application for a prohibition order.

17. When the suspect has departed prior to police attendance and immediate efforts to locate the suspect have failed, a GO report for Crown shall be submitted requesting priority processing for warrant.

18. Where there is a high risk of re-offending, members shall walk the GO report for Crown through the system to ensure immediate processing of the warrant so it can be entered onto CPIC. A member who is on night shift shall pass the report to a dayshift supervisor with the appropriate instructions to ensure that the report is immediately processed by Crown Counsel.

19. Members investigating complaints of domestic/relationship violence shall elicit the following information from the victim:


32

Victim’s proper name; Victim’s address (where victim actually lives, not merely where

incident occurred); Victim’s telephone numbers (residence and work) and, if any, pager

or cellular number; and Alternate contact persons and telephone numbers of persons who

could reliably and quickly pass the notification message to the victim (relative or close friend of victim). This is particularly important to assist in prompt notification.

20. Investigating member shall enter the victim contact information (including relationship of alternative contact) in the GO report in the "Special Needs" section of the RCC Witness Page Template (Text type WP). Entering the information in this fashion will ensure that it is not inadvertently released to defence counsel.

21. When completing the GO report, members shall check mark the "Family Violence" box.

22. When attending a "family trouble" call that does not require a GO report to Crown, members shall submit a GO report that will include incident details. Also, if children are involved, members shall endeavour to obtain all relevant information regarding the children’s welfare. A copy of this report shall be forwarded to Car 86. If there are children present in the home, members may consider removing the children (See Section 34.07: Removal of Children), or utilizing the services of Car 86.

Charges23. When charges are recommended by police, members shall give particular

consideration to the following sections of the Criminal Code of Canada: Intimidation Assault Criminal Harassment Abduction Recognizance to keep the Peace (Section 6.16: Recognizance to

Keep the Peace, Section 810 Peace Bond). 24. The GO report to Crown Counsel shall include the criminal record of the accused

and details of any previous violence in a relationship complaint. Investigators must ensure that the report articulates the potential risk to the victim, by evaluating the risk factors listed in sub-section 11c above so as to assist Crown Counsel in the charge approval process.

25. The arresting members shall consider recommending conditions be placed on any release order served on the suspect. A "no contact," "no-go" and/or that the suspect is not to possess any weapons are examples of conditions that may be appropriate.

26. If there is insufficient evidence for a charge, but there is reason to believe that a follow-up investigation would result in further evidence being obtained, and the primary investigator is unable to complete this follow-up, then a copy of the GO report should be forwarded to the attention of the Domestic Violence and Criminal Harassment Unit.

Supervisors27. Supervisors must be cognizant that members have narrow discretion for not

recommending charges where reasonable grounds exist, and that VAWIR




33

matters require a high degree of supervision and guidance. A member may, where justified, decide not to contact or interview the suspect or anyone likely to inform the suspect that a complaint has been made. However, all other components of the investigation must be completed and supervisors must ensure compliance with the policy.

28. Supervisors shall ensure that all factors have been considered and documented before approving a request to not recommend charges.

Information Management Section29. Information Management Section staff assigned to transcribe GO reports shall

ensure alternate contact numbers for the victim have been entered in the specified RCC Witness Page Template. Reports missing the required information shall be referred back to the investigating member for completion.

Notification30. Whenever a suspect is released from Vancouver Police custody, every effort

shall be made to notify the victim in advance of the release to ensure that safety issues are addressed.

31. When a suspect/accused is released from the Vancouver Jail: a. In the first instance, the responsibility to notify a victim of the release of the

accused from custody is that of Corrections; b. The Vancouver Jail police OIC shall assist Corrections in notification

attempts by providing them telephone numbers entered in the GO report by the investigating member;

c. If all attempts to notify victim or victim’s alternative contact fail, the Jail police OIC shall request victim notification by arranging for a patrol unit, preferably the investigating members, to attend victim’s location to notify in person; and

d. The assigned members shall advise the Vancouver Jail police OIC if the victim was notified or not.

Victim Services32. A victim of violence in a relationship may be subjected to severe emotional and

physical intimidation to decide not to co-operate with the criminal charge process or not to testify in court or both. Affording the victim access to victim assistance programs can mitigate the degree of intimidation.

33. Where appropriate and provided that the victim has agreed, referral to Victim Witness Services Unit, Car 66, shall be considered. When a victim must leave the home or wishes to leave, the member shall refer the victim to a transition house or other safe location, or ensure safe transportation is available.

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APPENDIX 10

JAIL POLICIES

PROPOSED PROCEDURE Section 32.01 Violence in Relationships – General Policy Policy

Violence within relationships has distinctive dynamics not found in other violent crimes. Violence often escalates and may continue or worsen if the person leaves the relationship. There is usually a power imbalance between the partners of the relationship. Violence in relationships encompasses married, common-law and dating relationships and includes heterosexual and homosexual relationships where females or vulnerable males can be the victims because there is a perceived power imbalance between the individuals. The Ministry of Attorney General has provided guidelines for the Police, Crown Prosecutors and Corrections in the Violence Against Women in Relationships (VAWIR) Policy. The guidelines emphasize a proactive arrest and charge policy. Members are encouraged to seek guidance/clarification from the Domestic Violence and Criminal Harassment Unit.

Procedure

General1. Violence in relationships is a criminal matter. It encompasses married, common-

law, and dating relationships and includes violence against women in heterosexual relationships, violence against vulnerable males in homosexual relationships, violence against males in heterosexual relationships, and violence against women in lesbian relationships. It includes those individuals who have been in an intimate relationship in the past, even though the relationship does not exist anymore.

2. Members must be sensitive to cultural differences or specific communication

needs of the victim and where necessary shall utilize the services of the Victim Services Unit and interpreters. Members should be aware of the following impediments to a victim trying to cope with a volatile situation:

a. Many cultures stress the paramount value of family togetherness and

often women play the primary role in preserving the family’s honour; b. In extended families, a victim may be under pressure from several

individuals other than the husband, if the victim decides to report abuse and pursue legal action;

c. Some victims speak very little or no English at all; this can act as a barrier to knowing legal rights and communicating with service providers and legal and social service agencies; and

d. Marginal economic conditions can limit the options available to a victim who wishes to leave an abusive relationship. These barriers include being able to access affordable housing, having access to legal counsel for advice regarding divorce and custody of children.





35

Primary Aggressor3. An allegation of mutual aggression is often raised by the primary aggressor as a

defence with respect to an assault against their partner. Members are cautioned against accepting an argument of mutual aggression rather than determining who is at the most risk and who should be arrested.

Criminal Harassment (Stalking)4. Criminal harassment is, without lawful authority and knowing that another person

is harassed or recklessly as to whether the other person is harassed, engaging in conduct that causes that other person to fear for their safety or the safety of anyone known to them.

5. Criminal harassment includes following or watching a victim, communicating with

a victim or someone known to the victim, or threatening a victim or their family or friends. Criminal harassment may include vandalism or other minor criminal offences when they form a deliberate pattern leading the victim to fear for their safety. Such offences, combined with the above (following, watching, etc.) may indicate the severity of the situation and the degree of risk to the victim.

6. A stalker can be anyone: a spouse/partner, a person who lived with the victim, someone they dated, a client, a former employee, a co-worker, a fellow student, a peer, or a total stranger. Victims of stalking may feel powerless, overwhelmed, confused, isolated, and afraid to leave their home.

Call-Taker/Dispatch Duties7. Treat all violence-in-relationship calls as a priority as the victim may be at great

risk. Be aware that such calls constitute a high risk to the responding members. Whenever possible, check for previous police involvement with the subject or location and provide the responding members with all relevant information, including the possibility of the suspect having access to firearms and any records for violence. The call-taker shall:

a. Determine from the victim if the suspect is present and the suspect’s description. If the suspect has left, determine any information as to possible whereabouts;

b. Determine from the victim if weapons are involved, and type of weapons; c. Determine from the victim if the suspect may be under the influence of

drugs or alcohol; d. Determine from the victim if children are present; e. Determine from the victim if the victim has a current peace bond or

restraining order; and f. Immediately conduct CPIC, Location History and Protection Order

Registry searches and advise attending members of the information obtained.

8. Dispatched calls shall not be cancelled based on a follow-up call from the victim,

as the victim may have been intimidated into requesting cancellation. Responding members shall, however, be advised of the request.

36

Investigating Member 9. A complete investigation shall be conducted in all instances, including those

cases that do not appear likely to proceed to prosecution or where the victim may not appear co-operative. Determine if the victim has a peace bond or restraining order and immediately conduct CPIC, RMS and Protection Order Registry checks, if these checks have not been done already. If there is any information suggesting that the suspect has resided in a jurisdiction other than Vancouver in the last seven years, arrange to have a PIRS check conducted at the first available opportunity.

10. Where there is evidence indicating an offence took place, members shall submit

a GO report to Crown Counsel recommending a charge even if no injury occurred and regardless of the desires of the victim or their apparent willingness to testify in a criminal prosecution. Victims shall not be asked if they want charges to be laid. The consumption of alcohol or drugs by the victim or the suspect or the lack of independent corroborating evidence shall not in itself form the basis for exercising discretion not to recommend charges where reasonable and probable grounds exist. Members shall indicate on the witness sheet of the GO report to Crown Counsel whether the victim will be a reluctant or hostile witness.

11. Members are cautioned that they have very narrow discretion for not

recommending charges where reasonable and probable grounds do exist. Each of the following factors must be considered before a member may exercise this discretion:

a. There is no evidence of the alleged offence other than the victim’s

complaint; b. The complainant/victim has requested that the complaint be kept

confidential and that no investigation be conducted, as the victim is fearful that if the police contact the suspect, further victimization will occur;

c. There is a reasonable basis for believing that confronting the suspect with the fact that a complaint has been made would increase the risk to the victim. However, before making a decision not to charge when reasonable and probable grounds exist, the following risk factors must be considered. Based on this assessment, if the suspect poses a risk to the victim, charges must be recommended and the suspect arrested and protective conditions sought:

Past actual or attempted assault of family members Past actual or attempted assault of strangers or acquaintances Past arrest for violating the terms of a conditional release or

community supervision Separation from partner or extreme conflict regarding relationship

status within the past year Serious substance abuse or dependency Serious homicidal or suicidal ideation/intent, psychotic or manic

symptoms Past physical assault of current intimate partner Past use of weapons/credible threats of harm Recent escalation of frequency or severity of assault;

37

d. There is no indication the suspect has possession of any firearms, a Firearms Acquisition Certificate, or any access to firearms; and

e. The complainant/victim has refused to co-operate with any investigation and attempts at persuasion to co-operate have been unsuccessful.

12. Where reasonable and probable grounds exist, but charges are not

recommended, investigating member shall fully document in the investigation file the information supplied from the complainant and the reasons for a request not to complete a full investigation. Members must receive authorization from their supervisor before deciding that a report to Crown Counsel is not required, i.e., when charges are not being recommended.

13. With relationship violence there are particular concerns surrounding repetition,

continuation, or commission of another offence. Therefore, when there are reasonable grounds to believe an offence has occurred, members shall always arrest and ensure that public interest has been met prior to any release. In the majority of cases, release conditions are necessary prior to the suspect’s release. For this reason release by an appearance notice or requesting a summons is not appropriate. As a condition of release, investigating members shall consider seeking a “no contact” order with the victim bearing in mind the circumstances of the case and the safety of the victim and a “no go” to the victim’s residence and if applicable, to the victim’s place of work, and to the children’s school if those children are also victims of the offence. Members shall also consider what protective conditions to recommend in the GO report to Crown Counsel which might be required to protect other persons who have been threatened, harassed, or are at risk as a result of the dispute.

14. Although an investigation is not necessarily dependent on the ability or willingness of the victim to provide a written statement, one should be obtained where possible. Members should be aware of the potential danger posed to a victim’s extended family. These individuals should be identified as soon as possible and be formally interviewed and statements obtained if it is determined that they have information relevant to either the background of the complaint or the circumstances of the alleged abuse or other related incidents.

15. In situations where apparent injury has occurred to both parties, members shall

identify, arrest, and charge only the primary aggressor where grounds exist. Members must be prepared to support their identification of the primary aggressor with observations and reasons. Factors to be considered when determining the primary aggressor include but are not limited to the following:

a. Who has suffered the most extensive physical and/or emotional damage and who received treatment for the injury?

b. Who has superior physical strength and skills for effective assault? c. What is the history and pattern of abuse in the relationship?

16. In every relationship violence investigation, members shall determine whether

the suspect has access to a firearm or other offensive weapon, and whether

38

there are grounds for believing that it is not desirable in the interest of safety of the victim or any other person, that the suspect possess, or have custody or control of any firearm. If grounds exist, members shall seize the firearm or offensive weapon and take appropriate action to revoke any firearms-related certificate, license, permit, or authorization. See Section 26.11 for seizure of firearms and application for a prohibition order.

17. When the suspect has departed prior to police attendance and immediate efforts

to locate the suspect have failed, a GO report for Crown shall be submitted requesting priority processing for warrant.

18. Where there is a high risk of re-offending, members shall walk the GO report for

Crown through the system to ensure immediate processing of the warrant so it can be entered onto CPIC. A member who is on night shift shall pass the report to a dayshift supervisor with the appropriate instructions to ensure that the report is immediately processed by Crown Counsel.

19. Members investigating complaints of domestic/relationship violence shall elicit the following information from the victim:

Victim’s proper name; Victim’s address (where victim actually lives, not merely where

incident occurred); Victim’s telephone numbers (residence and work) and, if any, pager

or cellular number; and Alternate contact persons and telephone numbers of persons who

could reliably and quickly pass the notification message to the victim (relative or close friend of victim). This is particularly important to assist in prompt notification.

20. The investigating member shall enter the victim contact information (including

relationship of alternative contact) in the GO report in the “Special Needs” section of the RCC Witness Page Template (Text type WP). Entering the information in this fashion will ensure that it is not inadvertently released to defence counsel.

21. When completing the GO report, members shall check mark the “Family

Violence” box.

22. When attending a “family trouble” call that does not require a GO report to Crown, members shall submit a GO report that will include incident details. Also, if children are involved, members shall endeavour to obtain all relevant information regarding the children’s welfare. A copy of this report shall be forwarded to Car 86. If there are children present in the home, members may consider removing the children (See Section 34.07: Removal of Children), or utilizing the services of Car 86.

Charges


39

23. When charges are recommended by police, members shall give particular consideration to the following sections of the Criminal Code of Canada:

Intimidation Assault Criminal Harassment Abduction Recognizance to keep the Peace (Section 6.16: Recognizance to

Keep the Peace, Section 810 Peace Bond).

24. The GO report to Crown Counsel shall include the criminal record of the accused and details of any previous violence in a relationship complaint. Investigators must ensure that the report articulates the potential risk to the victim, by evaluating the risk factors listed in sub-section 11c above so as to assist Crown Counsel in the charge approval process.

25. The arresting members shall consider recommending conditions be placed on

any release order served on the suspect. A “no contact,” “no-go” and/or that the suspect is not to possess any weapons are examples of conditions that may be appropriate.

26. If there is insufficient evidence for a charge, but there is reason to believe that a follow-up investigation would result in further evidence being obtained, and the primary investigator is unable to complete this follow-up, then a copy of the GO report should be forwarded to the attention of the Domestic Violence and Criminal Harassment Unit.

Supervisors 27. Supervisors must be cognizant that members have narrow discretion for not

recommending charges where reasonable grounds exist, and that VAWIR matters require a high degree of supervision and guidance. A member may, where justified, decide not to contact or interview the suspect or anyone likely to inform the suspect that a complaint has been made. However, all other components of the investigation must be completed and supervisors must ensure compliance with the policy.

28. Supervisors shall ensure that all factors have been considered and documented

before approving a request to not recommend charges. Information Management Section

29. Information Management Section staff assigned to transcribe GO reports shall ensure alternate contact numbers for the victim have been entered in the specified RCC Witness Page Template. Reports missing the required information shall be referred back to the investigating member for completion.

Notification 30. Whenever a suspect is released from Vancouver Police custody, every effort

shall be made to notify the victim in advance of the release to ensure that safety issues are addressed.



40

31. When a suspect/accused is released from the Vancouver Jail (refer to Section 25.26: Jail – Victim Notifications<Link>):

a. In the first instance, the responsibility to notify a victim of the release of the

accused from custody is that of the Jail NCO; b. If all attempts to notify victim or victim’s alternative contact fail, the Jail

NCO shall request victim notification by faxing a 911 Victim Notification Request to E-Comm. E-Comm shall then dispatch a patrol unit, preferably the investigating members, to attend victim’s location to notify them in person;

c. The assigned members shall advise the Jail NCO if the victim was notified or not; and

d. The assigned members shall document in the original GO whether or not the victim was notified. If the victim was not notified, assigned members shall document the attempts made to notify the victim.

Victim Services 32. A victim of violence in a relationship may be subjected to severe emotional and

physical intimidation to decide not to co-operate with the criminal charge process or not to testify in court or both. Affording the victim access to victim assistance programs can mitigate the degree of intimidation.

33. Where appropriate and provided that the victim has agreed, referral to Victim

Witness Services Unit, Car 66, shall be considered. When a victim must leave the home or wishes to leave, the member shall refer the victim to a transition house or other safe location, or ensure safe transportation is available.

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APPENDIX 11

JAIL POLICIES

EXISTING PROCEDURE

Section 34.02 Young Persons – Charges and Arrests

1. When there is sufficient evidence to charge a young person with an offence, it is the discretion of the investigating officer that determines the process used. Options include: arresting the young person, take no further action, warn, refer to a community program, recommend to Crown Counsel that the young person be referred to an Extrajudicial Sanctions program, or recommend a summons. While the YCJA directs police officers to use discretion, officers may be called upon to justify their discretionary decisions.

MINOR CASE – No Further Action

In minor cases where no further action is taken, officers shall submit a GO report, entering the young person with the role code of Juv-sus chargeable and ensuring the young person is indexed in the linkage screen under “accused status” as “Other Means”. Study flag "U" shall be indicated on the GO to ensure the report is forwarded to the Youth Services Program Coordinator. The CCJS status of “O” for Departmental Discretion shall be indicated on the front page/conclusion block.

MINOR CASE – Warning

In minor cases where a warning is given to the young person, officers shall submit a GO report, entering the young person with the role code of Juv-sus chargeable and ensuring the young person is indexed in the linkage screen under “accused status” as "Warning". Study flag "U" shall be indicated on the GO report. The CCJS status of “O” for Departmental Discretion shall be indicated on the front page/conclusion block.

COMMUNITY PROGRAM

If the investigating officer feels it is an appropriate case for a community program, the member shall make that recommendation in the report, and indicate study field "U" on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as "Youth Referred" with the role code of Juv-sus chargeable. The CCJS status of “R” for Alternative Measures shall be indicated on the front page/conclusion block. When determining whether it is an appropriate case for a community program, members shall make an assessment of the young person’s willingness to participate in alternative measures.

EXTRAJUDICIAL SANCTION

If the investigating officer feels it is an appropriate case for a referral to an Extrajudicial Sanction through Crown Counsel, the member shall make that recommendation in the report, and indicate study field "U" on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as "Referral to Extrajudicial Sanctions Program” with the role code of Juv-chargeable. The charge section shall be left blank and the CCJS status of “R” for Alternative Measures shall be

42

indicated on the front page/conclusion block. The GO report shall be forwarded to Crown Counsel.

SUMMONS

Where the investigating officer feels it is an appropriate case for a summons, the member shall make that recommendation in the report, and indicate study field “U” on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as “Charged or Charges Recommended”, with the role code of Juv-charged. The CCJS status of “C” for Charged shall be indicated on the front page/conclusion block. The GO report shall be forwarded to Crown Counsel.

2. The investigating officer shall make notifications regarding the arrest or interim release for a young person as follows:

a. If the young person is arrested and detained in custody pending their appearance in court, the officer in charge (Jail OIC) at the time the young person is detained shall, as soon as possible, give or cause to be given to a parent, adult relative, or adult who is known to the young person and is likely to assist, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.

b. Officers shall notify the officer in charge (Jail OIC) of the young person being held in custody. The officer in charge may then delegate the notification to parent to the investigating officer.

c. In the event notification cannot be made verbally, a VPD 262 (Notice to Parent) shall be sent by registered mail.

d. If the young person is released on an Appearance Notice, then a parent, adult relative, or adult who is known to the young person and is likely to assist, shall be advised in writing, using the VPD 262 (Notice to Parent). In the event the VPD 262 cannot be personally served, it shall be sent by registered mail. A YTH023 (Affidavit of Service) shall also be served on the young person, and the young person’s parent, adult relative, or adult who is known to the young person and likely to assist. In the event service cannot be made in person, a YTH023 (Affidavit of Service) shall be sent by registered mail.

e. If a young person is released on a Promise to Appear, an Undertaking or a Recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing, using the VPD 262 (Notice to Parent) of the Promise to Appear, Undertaking, or Recognizance.

3. Officers requiring a VPD 262 (Notice to Parent) or YTH023 (Affidavit of Service) to be sent by registered mail shall do so as follows:

a. During normal business hours attend the Mail Room, 312 Main Street, to make the necessary arrangements; or

b. Outside of business hours, attend the Mail Room, 312 Main Street. Access the Mail Room using the 312 Main Street building key. Place the documents to be mailed in an addressed envelope, and leave the envelope on the Mail Room

http://ipar.vpd.bc.ca/rpm/sections/documents/VPD262NoticetoParent.doc



http://ipar.vpd.bc.ca/rpm/sections/documents/yth023-AffidavitofService_000.pdf








43

desk. Clearly indicate to Mail Room staff that it is to be sent by registered mail, along with officer’s name, PIN, and section so a receipt/tracking number may be forwarded.

4. If a charged young person is a Ward of the Director of Family and Child Services, the investigating officer shall advise the Ministry for Children and Families, Emergency Services, of the arrest or possible Summons either verbally or in writing prior to the end of the investigating officer’s tour of duty using a VPD 262 (Notice to Parent).

5. It shall be noted in the GO Report the name and relationship to the young person of the responsible adult advised.

6. Officers shall not tell young persons or their parents that they will receive a Summons or that alternate measures will be implemented. Officers may inform them that they are making a recommendation for or against alternate measures. The final decision rests with Crown Counsel. A youth worker will contact the parent(s) and advise them of what action will be taken.

7. When a young person is arrested:

a. Without a warrant and Youth Court is in session (07:30 – 13:00 hours), officers must ensure they have completed and obtained a copy of all necessary reports for Crown Counsel. The copy of the report and the young offender can then be delivered to Youth Court. (Youth Court is located at 800 Hornby St., telephone number 604-660-9123. The Youth Court holding cells may be accessed by entering the first off-ramp south of Georgia Street on the east side of Howe Street. Once down the off-ramp, the holding cells are approximately 150 metres on the right side of the ramp);

b. With a warrant between the hours of 07:30 – 15:30, the young person may be taken to Youth Court. Officers shall ensure that a copy of the warrant is faxed to Sheriff Services (604-660-8922, Sheriff Services’ phone number is 604-660- 7810). A report outlining the circumstances of the arrest and any related attachments is required to accompany the youth. The original GO is not required for warrant arrests.

c. Outside of Youth Court hours, during the week and anytime on weekends (Saturday, Sunday and statutory holidays), young persons arrested with or without warrant shall be transported directly to the Burnaby Youth Secure Custody Centre. The officer shall submit a GO report for Crown and route a copy to the Jail NCO. Officers must deliver any required attachments to Central Records. Between the hours of 07:00 and 07:30 from Monday to Friday, young persons will not be accepted at either Youth Court or the Burnaby Youth Secure Custody Centre. Officers shall maintain control of the young person until 07:30, when the young person may be taken to Youth Court. Burnaby Youth Secure Custody Centre will accept young persons arrested on new charges anytime after 1330hrs, Monday to Friday, and anytime after 1600hrs for warrant arrests.

8. Officers shall ensure that all young persons aged twelve to seventeen years inclusive are fingerprinted and photographed, when charged under the Youth Criminal Justice Act with an offence which may be proceeded by indictment under the Criminal Code, prior


44

to being transported to Youth Court or the Burnaby Youth Secure Custody Centre. (refer to Section 25.10 – Young Persons – Fingerprints and Photographs )

9. The arresting officer shall ensure that the young person is adequately guarded during any period of consultation with the Vancouver Jail OIC and J.J.P. Under no circumstances will the young person be detained at the Jail.

10. The investigating officer shall ensure that the Burnaby Youth Secure Custody Centre is contacted (phone 604-419-1601) and advised that a young person is en route. The escorting member shall fill out the admission form at the Burnaby Youth Secure Custody Centre. A copy of the GO report for Crown is not required.

UNENDORSED WARRANT

11. If a young person is arrested on a Vancouver unendorsed warrant, the arresting officer shall arrange for the CPIC Clerk to fax the warrant to the Burnaby Youth Secure Custody Centre. When faxing a warrant is not possible, or cannot be done expeditiously, the arresting officer must ensure that a copy of the warrant is obtained from CPIC, and that the copy accompanies the young person and is presented to admissions staff at the Burnaby Youth Secure Custody Centre.

UNENDORSED WARRANT – OUTSIDE JURISDICTION

12. If a young person is arrested on an outside jurisdiction unendorsed warrant, the arresting officer shall have the warrant confirmed via CPIC. Arrangements should then be made to transfer the young offender to the jurisdiction where the warrant was issued. If this cannot be done, the young person shall be admitted to the Burnaby Youth Secure Custody Centre. The arresting officer shall then ensure that the outside jurisdiction is aware that the young person is at the Burnaby Youth Secure Custody Centre and that the outside jurisdiction faxes a copy of the warrant to the Burnaby Youth Secure Custody Centre.

ENDORSED WARRANT

13. If a young person is arrested on an endorsed warrant, the arresting officer shall arrange to have the Vancouver Jail OIC attend the PSC to release the youth on a PTA unless extenuating circumstances justify the youth's incarceration. Note: During the hours of 07:30 to 13:00 (new charges) and 0730 to 15:30 (warrant arrests) on days when Youth Court is sitting, Youth Court 800 Hornby Street should be substituted for the Burnaby Youth Secure Custody Centre.

GENERAL

14. The provisions of Section 2.08: Arrests of Injured Persons applies to young persons who are injured or are questionable medical risks.

15. Youth Holding Facilities are located on the 5th floor of 2120 Cambie Street, and are:

a. Only to be used as temporary holding rooms while the youth is awaiting transport to the Burnaby Youth Secure Custody Centre, Youth Court or while the investigation is continuing; and



45

b. Exclusively for the continuous monitoring of young persons. Under no circumstances will adults be held in these facilities.

16. In all cases, the care and custody of the young person is the responsibility of the arresting officer unless another officer assumes such responsibility. Officers shall:

a. Notify their NCO or, if unavailable, any NCO, when they place a young person in these facilities.

b. Record in their notebook the following information:

• Date and time • PIN of arresting officer and holding member, if different from arresting officer • PIN of NCO notified • Name and date of birth of young person • Incident Number • Time and form of release

17. The provisions established in the RPM in regards to Gender of Searcher shall apply to officers searching young persons placed in a Youth Facility room (Section 25.02: Prisoners-Responsibility For). Prior to placement in a Youth Facility room, the holding officer shall search and remove all effects and valuables from the young person and place them in an effects bag on the shelves provided. Particular care must be taken to ensure the removal of matches and lighters that could activate sprinkler heads. Effects and valuables shall be listed on the VPD 602 (Arrest Report), if wagon transport is used, or in the officer’s notebook with the young person signing for their effects.

18. Young persons shall be lodged in separate rooms unless circumstances require otherwise. Under no circumstances will male and female young persons be placed in the same room.

19. Young persons shall not be left unattended under any circumstances. Officers shall maintain continuous observation of young persons while in a Youth Facility room.

20. Non-police personnel are not to be admitted into the Youth Facility rooms. Parents and guardians may be interviewed in the adjacent interview rooms.



http://ipar.vpd.bc.ca/rpm/sections/VPD602-JailReport.dot

46


PROPOSED PROCEDURE

Section 34.02 Young Persons – Charges and Arrests

1. When there is sufficient evidence to charge a young person with an offence, it is the discretion of the investigating officer that determines the process used. Options include: arresting the young person, take no further action, warn, refer to a community program, recommend to Crown Counsel that the young person be referred to an Extrajudicial Sanctions program, or recommend a summons. While the YCJA directs police officers to use discretion, officers may be called upon to justify their discretionary decisions.

MINOR CASE – No Further Action

In minor cases where no further action is taken, officers shall submit a GO report, entering the young person with the role code of Juv-sus chargeable and ensuring the young person is indexed in the linkage screen under “accused status” as “Other Means”. Study flag “U” shall be indicated on the GO to ensure the report is forwarded to the Youth Services Program Coordinator. The CCJS status of “O” for Departmental Discretion shall be indicated on the front page/conclusion block.

MINOR CASE – Warning

In minor cases where a warning is given to the young person, officers shall submit a GO report, entering the young person with the role code of Juv-sus chargeable and ensuring the young person is indexed in the linkage screen under “accused status” as “Warning”. Study flag “U” shall be indicated on the GO report. The CCJS status of “O” for Departmental Discretion shall be indicated on the front page/conclusion block.

COMMUNITY PROGRAM

If the investigating officer feels it is an appropriate case for a community program, the member shall make that recommendation in the report, and indicate study field “U” on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as “Youth Referred” with the role code of Juv-sus chargeable. The CCJS status of “R” for Alternative Measures shall be indicated on the front page/conclusion block. When determining whether it is an appropriate case for a community program, members shall make an assessment of the young person’s willingness to participate in alternative measures.

EXTRAJUDICIAL SANCTION

If the investigating officer feels it is an appropriate case for a referral to an Extrajudicial Sanction through Crown Counsel, the member shall make that recommendation in the report, and indicate study field “U” on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as “Referral to Extrajudicial Sanctions Program” with the role code of Juv-chargeable. The charge section shall be left blank and the CCJS status of “R” for Alternative Measures shall be

47

indicated on the front page/conclusion block. The GO report shall be forwarded to Crown Counsel.

SUMMONS

Where the investigating officer feels it is an appropriate case for a summons, the member shall make that recommendation in the report, and indicate study field “U” on the front page of the GO report. The young person shall be indexed in the linkage screen under “accused status” as “Charged or Charges Recommended”, with the role code of Juv-charged. The CCJS status of “C” for Charged shall be indicated on the front page/conclusion block. The GO report shall be forwarded to Crown Counsel.

2. The investigating officer shall make notifications regarding the arrest or interim release for a young person as follows:

a. If the young person is arrested and detained in custody pending their appearance in court, the officer in charge (Jail NCO) at the time the young person is detained shall, as soon as possible, give or cause to be given to a parent, adult relative, or adult who is known to the young person and is likely to assist, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.

b. Officers shall notify the officer in charge (Jail NCO) of the young person being held in custody. The officer in charge may then delegate the notification to parent to the investigating officer.

c. In the event notification cannot be made verbally, a VPD 262 (Notice to Parent) shall be sent by registered mail.

d. If the young person is released on an Appearance Notice, then a parent, adult relative, or adult who is known to the young person and is likely to assist, shall be advised in writing, using the VPD 262 (Notice to Parent). In the event the VPD 262 cannot be personally served, it shall be sent by registered mail. A YTH023 (Affidavit of Service) shall also be served on the young person, and the young person’s parent, adult relative, or adult who is known to the young person and likely to assist. In the event service cannot be made in person, a YTH023 (Affidavit of Service) shall be sent by registered mail.

e. If a young person is released on a Promise to Appear, an Undertaking or a Recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing, using the VPD 262 (Notice to Parent) of the Promise to Appear, Undertaking, or Recognizance.

3. Officers requiring a VPD 262 (Notice to Parent) or YTH023 (Affidavit of Service) to be sent by registered mail shall do so as follows:

a. During normal business hours attend the Mail Room, 312 Main Street, to make the necessary arrangements;

b. Outside of business hours, attend the Mail Room, 312 Main Street. Access the Mail Room using the 312 Main Street Building key. Place the

48

documents to be mailed in an addressed envelope, and leave the envelope on the Mail Room desk. Clearly indicate to Mail Room staff that it is to be sent by registered mail, along with officer’s mane, PIN, and section so a receipt/tracking number may be forwarded.

4. If a charged young person is a Ward of the Director of Family and Child Services, the investigating officer shall advise the Ministry for Children and Families, Emergency Services, of the arrest or possible Summons either verbally or in writing prior to the end of the investigating officer’s tour of duty using a VPD 262 (Notice to Parent).

5. It shall be noted in the GO Report the name and relationship to the young person of the responsible adult advised.

6. Officers shall not tell young persons or their parents that they will receive a Summons or that alternate measures will be implemented. Officers may inform them that they are making a recommendation for or against alternate measures. The final decision rests with Crown Counsel. A youth worker will contact the parent(s) and advise them of what action will be taken.

JAIL PROCEDURES FOR YOUNG PERSONS

7. When a young person has been arrested in Vancouver , and a determination has been made to not release, the following procedures must be followed:

a. The arresting officer shall obtain approval by a patrol NCO to have the young person(s) transported to the Vancouver Jail. The arresting officer shall ensure that the VPD 602 Jail Arrest Report is complete and has the word “YOUTH” clearly marked at the top of the form. The name and PIN of the authorizing NCO shall be included at the top of the form;

b. The patrol NCO who approved the transport of the young person(s) to the Jail shall contact the Jail NCO at 778-329-3950 to inform the Jail of the incoming young person(s);

c. The young person shall be transported to the Vancouver Jail (refer to S. 25.06 Transportation of Persons in Custody<Link>;

d. The transporting officer shall leave the young person(s) in the wagon and buzz the Vancouver Jail Youth intercom to notify control that a young person(s) is in the wagon;

e. The transporting officer shall then remove one young person, search the young person at the sally port search bay and buzz the Youth Intercom when the young person is ready to be turned over to the jail staff. The VPD 602 and prisoner property shall be turned over to jail staff;

f. The Vancouver Jail will only accept one young person at a time. If the wagon has multiple young parties for admission they shall be processed one at a time;

8. When a young person is transported to Jail on a new charge:

49

a. The Jail Police Constable shall book the young person into the Jail, provide access to a phone, and maintain care and control of the young person. The young persons shall not be fingerprinted or photographed until an information is sworn (refer to S. 25.11: Fingerprints – Young Offenders<LINK>

b. The arresting officer(s) shall complete all necessary reports in a timely manner. Once the reports have been approved the arresting officers shall attend the Jail and have the information sworn. The jail staff shall be responsible for the bail hearing if one is required;

c. Once the information has been sworn, the young person shall be fingerprinted and photographed at the jail; and

d. The young person shall then either:

• Be released by the Jail NCO or JJP;

• Be transported to Youth Court between the hours of 0730 – 1300 Monday to Friday; or

• Be transported to the Burnaby Youth Secure Custody Centre outside of Youth Court hours until 0530hrs. A GO report and any related attachments are required to accompany the youth. After 0530hrs the Young Person will be held for Court until 0730hrs.

9. When a young person is transported to Jail on a warrant:

a. The Jail Police Constable shall book the young person into the Jail, provide access to a phone, and maintain care and control of the young person;

b. Youth who are charged with an offence proceeding by indictment shall be fingerprinted and photographed once the appropriate documents have been obtained by the Jail Constable;

c. The young person shall then either:

a. Be released by the Jail NCO or JJP;

b. Be transported to Youth Court between the hours of 0730-1530 Monday to Friday. A GO report outlining the circumstances of the arrest and any related attachments is required to accompany the youth; or

c. Be transported to the Burnaby Youth Secure Custody Centre outside of Youth Court hours until 0530 hrs. A GO report outlining the circumstances of the arrest and any related attachments is required to accompany the youth. After 0530hrs the Young Person will be held for Court until 0730 hrs.

10. Officers shall ensure that all young persons aged twelve to seventeen years inclusive are fingerprinted and photographed, when charged under the Youth Criminal Justice Act with an offence proceeding by indictment under the Criminal Code, prior to being transported to Youth Court or the Burnaby Youth Secure

50

Custody Centre. (refer to Section 25.10 – Young Persons – Fingerprints and Photographs );

11. The Jail Constable shall ensure that the Burnaby Youth Secure Custody Centre is contacted (phone 604-419-1601) and advised that a young person is enroute. The escorting member shall fill out the admission form at the Burnaby Youth Secure Custody Centre. A copy of the GO report for Crown should accompany the young person if they are arrested on a new charge. For a warrant arrest, a copy of the report outlining the circumstances of the arrest is required; however, the original GO report for Crown Counsel is not required;

GENERAL

12. For information on Young Persons arrested HSIPP, refer to Section 34.03: Intoxicated Youth.

13. The provisions of Section 2.08: Arrests of Injured Persons applies to young persons who are injured or are questionable medical risks; and

14. Youth Court is located at 800 Hornby St., telephone number 604-660-9123. The Youth Court holding cells may be accessed by entering the first off-ramp south of Georgia Street on the east side of Howe Street. Once down the off-ramp, the holding cells are approximately 150 metres on the right side of the ramp).

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APPENDIX 12

JAIL POLICIES

EXISTING PROCEDURE

Section 34.03 Intoxicated Young Persons

1. Section 41 of the Liquor Control and Licensing Act allows for the arrest of any person intoxicated by alcohol or drug in a public place. This authority is ONLY for instances where the intoxicated individual is being charged (e.g. by issuing a VT). The authority to hold the person in custody (Hold SIPP) until the person is able to take care of himself/herself comes from Section 91 of the Offence Act.

2. Section 43 of the Liquor Act allows for the arrest and charge of any person intoxicated by alcohol or a drug in a public place. Only those young persons unable to care for themselves shall be arrested.

3. Normally, young persons (less than 18 years) shall be released to their parent/guardian. The Vancouver Detox Centre and Sobering Unit (377 E. 2nd) will accept cooperative young persons arrested H/SIPP (alcohol and/or drug) if the parent, guardian or responsible adult cannot be located.

4. A young person may be incarcerated in the Burnaby Youth Secure Custody Centre if the youth is being charged with a criminal offence. Note: The youth must also be medically fit in order to be admitted. Any youth who is injured shall receive medical attention at a hospital prior to being lodged in the Burnaby Youth Secure Custody Centre.

5. Members lodging a young person in the Burnaby Youth Secure Custody Centre shall comply with the provisions for processing young offenders as specified in Section 34.02: Young Offender Charges and Arrests. SEE ALSO: INFORMATION BULLETIN: Intoxicated Youths In Custody


http://ipar.vpd.bc.ca/rpm/other/Intoxicated%20Youths.htm

52


PROPOSED PROCEDURE

Section 34.03: Intoxicated Youth

1. Section 41 of the Liquor Control and Licensing Act allows for the arrest of any

person intoxicated by alcohol or a combination of alcohol and drug in a public place. This authority is ONLY for instances where the intoxicated individual is being charged (e.g. by issuing a VT). The authority to hold the person in custody (Hold SIPP) until the person is able to take care of himself/herself comes from Section 91 of the Offence Act.

2. Section 43 of the Liquor Act allows for the arrest and charge of any person

intoxicated by alcohol or a drug in a public place. Only those young persons who are intoxicated and unable to care for themselves, are a danger to others, or are causing a disturbance shall be arrested HSIPP (refer to Section 2.04 RPM<Link>).

3. Normally, young persons aged twelve to seventeen years inclusive shall be

released to their parent/guardian. The Vancouver Detox Centre and Sobering Unit (377 E. 2nd) will accept cooperative young persons arrested H/SIPP (alcohol and/or drug) if the parent, guardian or responsible adult cannot be located.

4. If attempts to locate the parent, guardian, or responsible adult are unsuccessful,

the Vancouver Detox Centre and Sobering Unit will not accept the young person, or the young person is violent or uncooperative, the young person shall be transported to the Vancouver Jail and admitted through the youth procedure outlined in RPM Section 34.02: Young Persons-Charges and Arrests<Link>.

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