VANCOUVER POLICE DEPARTMENT PLANNING, RESEARCH & AUDIT SECTION

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1 VANCOUVER POLICE DEPARTMENT PLANNING, RESEARCH & AUDIT SECTION ADMINISTRATIVE REPORT REPORT DATE: November 9, 2012 BOARD MEETING: November 21, 2012 BOARD REPORT # Regular TO: FROM: Vancouver Police Board Jim Chu, Chief Constable SUBJECT: Proposed Amendments to Regulations and Procedure Manual Sections: Incident Reports, Signing of Reports, Addressing Reports, and; Report to Crown Counsel RECOMMENDATION(S): It is recommended that: POLICY: 1. The Vancouver Police Board approve the proposed revisions to the Regulations and Procedures Manual (RPM) Sections: Incident Reports, Signing of Reports, Addressing Reports, and; Report to Crown Counsel. 2. That this file be concluded. THAT, the Vancouver Police Board approves the addition to the Regulations and Procedures Manual pursuant to Section 28 of the Police Act. PURPOSE: THAT, the following additions to the Regulations and Procedures Manual be submitted to the VPB for their consideration and approval, and subsequently forwarded to Police Services as required by Section 28 of the Police Act. BACKGROUND: This review is being done to: update relevant policies and align them with the present practices; ensure the policies reflect the level of importance that the proper completion of reports has within the Department and; to establish a level of accountability and emphasize members ownership for reports.

2 DISCUSSION: The following summarizes proposed revisions to various and relevant procedures: Section Signing of Reports Reports that are submitted either as a RTCC or as a General Occurrence (GO) are submitted in the electronic environment PRIME. The reports are not required to be signed and PRIME autopopulates the member s identifying fields that are listed in the section of the procedure. This procedure is outdated with present practices and is no longer required. Section Addressing Reports This particular section deals with the addressing of a report to the rank of an individual rather than by name. Present GOs are not addressed to individuals. This procedure is also outdated and should be removed. Section Incident Reports (General Occurrence Reports) The General Occurrence (GO) report is the primary vehicle used to relay and record the results of all police investigations. The existing policy provides a guide to when a report should be written by members and when a report would not necessarily be required. As always good judgement and discretion are paramount in deciding the proper course of action and the new policy will continue to reflect the guidelines as to when a report is required by members. The proposed policy will also focus on taking ownership of one s work and the identification of a lead investigator. Section Report to Crown Counsel (RTCC) Existing policy for RTCCs does not reflect the use of PRIME. Additions have been made to update the policy so it is consistent with PRIME. The new policy will clearly outline current standards in terms of identifying requirements to complete an RTCC and identifying both member and NCO responsibilities in completion of a RTCC. Particular emphasis has also been made in making the policy user friendly in directing members to resources published by the VPD. This emphasis has been given so that the standards of the VPD are upheld and assistance to enable the writing of better reports is readily available to members. CONCLUSION: The proposed amendments will serve to increase the quality of reports, establish ownership of investigations that are conducted and update the requirements of what is required for the completion of both GOs and RTCCs. The amendments are also intended to reduce the number of bring forward requests issued by the Information Management Section and the Crown Liaison Unit by identifying a lead investigator for all reports written. The Executive Committee of the Vancouver Police Department has approved the proposed amendments outlined in this report and requests that the Vancouver Police Board approves and adopts these procedures. 2

3 Author: D. Manojlovic Telephone: Date: Submitting Executive Member (signature): Warren Lemcke, Deputy Chief Constable Date: This report has been prepared in consultation with the sections/divisions listed below, and they concur with its contents. Concurring: Date: Date: Date:

4 Current Policy 1.16 Report Writing Incident Reports (Effective: ) POLICY Reports written by police officers form an official record of their involvement in events. The timely completion of reports ensures that information is available to follow-up investigators, police in other jurisdictions, and the Information Management Section. The information contained in reports enhances intelligence gathering capabilities, aids in solving crimes, and may mitigate the risks that police officers are faced with in an operational environment. As a result, the importance of timely report completion cannot be overstated. The PRIME-BC (Police Records Information Management Environment) system has facilitates the collection of large amounts of information in an electronic environment. This environment has two distinct record keeping subsystems: Computer Aided Dispatch (CAD), and the Records Management System (RMS). The effective utilization of both these information management systems supports operational policy and enables police to access vast amounts of crucial information. PROCEDURE Reporting Requirements 1. The Vancouver Police Department (VPD) utilizes a RMS commonly referred to as PRIME-BC. All reports detailing investigations undertaken by members shall be completed in the PRIME-BC system, and utilize the report writing standards published by the VPD. 2. Members shall submit a General Occurrence (GO) report whenever: a. There is an applicable CCJS reportable UCR Survey Code (e.g. a mandatory reportable crime); b. A charge is requested for a Criminal Code, Federal or Provincial offence; c. There are reasons to believe a crime has been committed; d. The incident is related to suspicious activity that involves persons of interest to police; e. The incident involves extensive police resources regardless of the outcome (e.g. a police unit is occupied in excess of 1 hour or multiple police units are occupied for an extended period of time); f. It is believed that there is potential value to the information for future investigations; g. Responding to a call that, by virtue of other VPD policy and procedures, requires a report, including, but not limited to: i. Sudden Death (Section Sudden Deaths); ii. iii. iv. Breach of the Peace (Section Arrest for Breach of Peace), Domestic Violence Report (Section (i) - Domestic Violence General Policy and Procedure); Hold State of Intoxication in a Public Place (Section Arrest Hold State of Intoxication in a Public Place); v. Missing Persons (Section Missing Persons); vi. vii. viii. Motor Vehicle Collision with Injuries (Section MVA Procedures); Use of Force by Police (Section Use of Force Justification); Seized Property (Section General Property Policy and Procedure); 4

5 ix. Mental Health Act Arrests (Section (i) - Arrest Under the Mental Health Act); or, x. In the opinion of the investigating officer, their NCO or the Duty Officer, it would be of benefit to the VPD to create a record containing information beyond what is captured in the CAD records subsystem, regardless of the nature of the incident. 3. When completing reports, officers shall refer to the VPD Report Writing Supplement for the specific information required in relation to each type of incident (Report Writing Supplement). 4. Persons, vehicles and businesses named in the text portion of the GO report must be added as entities. Members shall accurately record all obtainable fields for person entities. The minimum criteria to index a person in the Master Name Index (MNI) is as follows: a. Surname; b. First given name; c. Gender; and d. Date of birth or approximate age. 5. Members shall ensure that all victims are advised of the services available to them, as required pursuant to the Victims of Crime Act, and shall refer victims requiring additional information to the Victim Services Unit. Incomplete Reports 6. It is important that members of the VPD and other agencies with access to the Police Information Portal (PIP) have access to as much information as possible about events that have occurred. This is for officer safety, investigative, and resource management reasons. Therefore, if a complete GO report cannot be submitted prior to the end of the member s shift, the member shall obtain their Supervisor s approval to: a. Complete only the front page of the GO report and a synopsis of the event, before the end of the shift; and b. Complete the entire GO report prior to the end of that block or work week. Report Not Required 7. Members dispatched to a call that does not require or otherwise justify the completion of a GO report shall make an entry into the narrative portion of the CAD system, documenting the incident, people spoken to or identified, and the outcome of the incident. This documentation will assist future responding members to determine an appropriate course of action. Good judgment and discretion are paramount whenever deciding not to complete a GO report. Events where a CAD entry may take the place of a GO report may include, but are not limited to: a. An audible alarm where the premises are secure; b. A routine State of Intoxication in a Public Place event where the person is moved along or cannot be located; c. A disturbance which is resolved and is not anticipated to recur or cannot be located; d. A barking dog where the owner has been advised of the complaint, has agreed to deal with the noise and no further violations are anticipated; e. A noise complaint where the by-law violation is minor in nature and has been effectively dealt with to both the complainant s and surrounding neighborhood s satisfaction; f. An assistance to Emergency Health Services where the function of police is merely to assist with security and no police action is needed or required; or, g. A special attention (SPATT) event where the function of police is merely to keep watch over a location, person or situation. 5

6 Workflow and Bring Forward Dates 8. Members shall check their Workflow at least once daily during their tour of duty and respond appropriately. It is recognized, however, that on occasion this may be impracticable due to operational reasons. 9. Where the Information Management Section or Crown Counsel have issued a request for a report to be completed, added to or corrected, the request shall be complied with in the time allotted or an extension requested. In exceptional cases where Crown Counsel requests a PRIME snapshot or CPIC offline log of what a member saw at a certain time, the member shall consult with the Information and Privacy Coordinator. 10. Where a previously submitted GO report requires further information, members shall complete and submit information to the report using the Follow-up function of either the Mobile Report Entry (MRE) or Desktop Report Entry (DRE) system, as soon as practicable once the information becomes available. 6

7 Current Policy 1.16 Report Writing Signing of Reports (Effective: ) 1. In signing reports, members will indicate their identification as follows: Name - first Rank - second PIN - third (if applicable) District - (if applicable) Assignment - (if applicable) 7

8 (Effective: ) Current Policy 1.16 Report Writing Addressing Reports Reports or memos will normally be addressed to an Officer or NCO by position rather than to the individual by name. The addressing of reports in this manner does not preclude the taking of action by other supervisory ranks in the chain of command. 8

9 Current Policy 1.16 Report Writing Report to Crown Counsel (Effective: ) 1. Where advice or information is required concerning evidence for a charge, members shall initially consult with their immediate NCO. 2. Whenever the assistance of Crown Counsel is required, such assistance shall be authorized by a NCO. The member will then be referred to the Crown Counsel office. After hours, lists of Crown Counsel personnel who may be used for consultation purposes are available from the Vancouver Jail Police NCO. NCOs shall not authorize an after-hours consultation unless it is critical to an investigation. On receiving information from Crown Counsel, members shall indicate on their reports the name of the prosecutor consulted along with the particulars obtained. 3. When an accused is arrested and lodged in the Jail, the investigating member shall submit a GO report for Crown as soon as possible, or in any event before the member completes their tour of duty. If there is to be any delay in submitting the report, the member shall contact the Vancouver Jail Police NCO and advise particulars of the arrest. 4. All notes and notebook entries are to be submitted as an attachment to the GO report for Crown Counsel. 5. Members shall edit or blackout any sensitive information from the copy submitted, including: a. Any other case information visible on pages submitted b. Identification of informants c. Safety concerns of witnesses d. Any information that might impact an on-going investigation 6. If no written notes exist, make a notation in the GO report. However, computer notes must be printed and submitted. Notes created in any other medium shall also be submitted. 7. All GO reports to Crown Counsel, involving requests for criminal charges, must be submitted to a Supervisor for approval 8. The Jail Supervisor is responsible for reading and approving all in-custody reports. This does not preclude the members Supervisor from approving the report. However, the Jail Supervisor is ultimately responsible for approving all in-custody reports. 9. Police/Crown Liaison is responsible for ensuring that the requested charges are presented to Crown Counsel, the necessary informations are laid and, where required, Warrants for incustody accused are executed. Other members will not lay charges except in the following cases: a. Young Person Charges and Arrests b. HPI Arrests c. Escapees from Vancouver Hospitals 10. The issuance of a warrant or summons is the responsibility of the Justice of the Peace. The member laying the information shall assist the Justice of the Peace in determining whether to proceed by warrant or summons. 9

10 Proposed Procedure 1.16 Report Writing Section: General Occurrence Reports FOI Recommendation: For Public Release POLICY Reports written by police officers form an official record of their involvement in events. The timely completion of reports ensures that information is available to follow-up investigators, police in other jurisdictions, and the Information Management Section. The information contained in reports enhances intelligence gathering capabilities, aids in solving crimes, and may mitigate the risks that police officers are faced with in an operational environment. As a result, the importance of timely report completion cannot be overstated. Every report written by a member of the Vancouver Police Department (VPD) must provide full details of the results of their investigation. It is important to remember that the quality and content of the report will have a significant effect on the users (e.g., follow-up investigators, Crown Counsel, etc.). The accuracy and the detail will determine if further follow-up will be required and what this follow-up will be. Therefore, it is necessary to ensure the highest standard of reporting to accurately reflect all investigations. The PRIME-BC (Police Records Information Management Environment British Columbia) system enables the collection of large amounts of information in an electronic environment. This environment has two distinct record keeping subsystems: Computer Aided Dispatch (CAD), and the Records Management System (RMS). The effective utilization of both these information management systems supports operational policy and enables police to access vast amounts of crucial information. PROCEDURE Reporting Requirements 1. The VPD utilizes a RMS referred to as PRIME-BC. All reports detailing investigations undertaken by members shall be completed in the RMS and utilize the report writing standards published by the VPD. VPD Report Writing Supplement (hyper-link), Excellence in Report Writing (hyper-link). 10

11 Members Shall: 2. Submit a General Occurrence Report (GO) whenever: a. There is an applicable CCJS reportable UCR Survey Code (e.g. a mandatory reportable crime); b. A charge is requested for a Criminal Code, federal or provincial offence; c. There are reasons to believe a crime has been committed; d. The incident is related to suspicious activity that involves persons of interest to police; e. The incident involves extensive police resources regardless of the outcome (e.g. a police unit is occupied in excess of 1 hour or multiple police units are occupied for an extended period of time); f. It is believed that there is potential value to the information for future investigations; g. Responding to a call that, by virtue of other VPD policy and procedures, requires a report, including, but not limited to: 1. Sudden Death (link RPM : Sudden Deaths); 2. Breach of the Peace (link RPM 1.4.4: Arrest for Breach of the Peace); 3. Domestic Violence Report (link RPM (i): Domestic Violence Emergency Response System ); 4. Hold State of Intoxication in a Public Place (link RPM 1.4.5: Arrest Hold State of Intoxication in a Public Place); 5. Missing Persons (link RPM : Missing Persons); 6. Motor Vehicle Collision with Injuries (link RPM : MVA Procedures); 7. Use of Force by Police (link RPM 1.2.1: Use of Force Justification); 8. Seized Property (link RPM 1.9.3: General Property Policy and Procedure ); and 9. Mental Health Act Arrests (link RPM (i): Arrest Under the Mental Health Act). h. In the opinion of the investigating officer, their NCO or the Duty Officer, it would be of benefit to the VPD or other policing agencies to create a record containing information beyond what is captured in the CAD records subsystem, regardless of the nature of the incident. 11

12 3. Ensure when completing a GO that it contains, but is not limited to, the following text pages: SY Synopsis OR - Occurrence Report CR - Concluding Remarks The SY shall be clear and concise and limited to five to ten lines. It is a short summary of the entire incident and investigation to assist the reader to quickly assess the nature of the incident without having to read the entire report. The SY should also have a subject heading that reflects the type of incident (e.g., a robbery should have a SY Subject heading of Robbery.) An example of a proper SY follows: (hyper-link) On 2100 hours, the accused JONES entered the Balmoral bar at 159 E. Hastings St and was refused service by a bartender, the victim SMITH. JONES then punched SMITH twice in the face before running from the scene. Police searched the area, located/arrested JONES in the 200 block of Main St. SMITH knows JONES and can ID. Surveillance tape seized. JONES interviewed post Charter/access to counsel and confessed. Photo pack and photos of the victim s injuries to follow. The OR shall be a comprehensive and chronological document. It shall lay out the background of the event, circumstances surrounding the incident, and actions taken by police. It shall include the final results of the investigation and if further follow-up is required or anticipated. The CR shall be added only when the investigation is concluded and there is no further police action required. It shall detail the conclusion of the investigation. For minor investigations where the incident can be detailed in the SY the member may submit an abbreviated GO which contains a SY and CR. Any GO that requires more than five to ten lines in the SY to articulate the nature of the incident and the response by police must also include a detailed OR. 4. Members are considered the lead investigator of the file if they are the submitting member of the GO. The lead investigator is responsible for all potential queries that may arise, from Quality Control or specialty units. The submitting member shall remain the lead investigator unless this role is taken over by a specialty unit investigator. 12

13 5. When mentioning any person, vehicle or business in the text portion of the GO, ensure the entity is added to the file as an entity. Entities added to the file must be included in the text portion of the GO. Members shall accurately record all obtainable fields for person entities. The minimum criteria to index a person in the file / MNI (Master Name Index) is as follows: a. Surname; b. First given name; c. Gender; and d. Date of birth or approximate age. 6. Ensure the final role code of an entity is accurate before a file is concluded. An entity whose role code changes throughout an investigation must be updated (e.g., Suspect to Subject of Complaint ) as soon as possible. 7. Ensure that all victims are advised of the services available to them, as required pursuant to the Victims of Crime Act, and shall refer victims requiring additional information to the Victim Services Unit. Incomplete Reports 8. For officer safety, investigative and resource management reasons it is important that members of the VPD and other agencies with access to the Police Information Portal (PIP) have access to as much information as possible about events that have occurred. If a complete GO report cannot be submitted prior to the end of the member s shift, the member shall obtain their Supervisor s approval to: a. Complete only the front page of the GO and a synopsis of the event, before the end of the shift; and b. Complete the entire GO prior to the end of that block or work week. Report Not Required 9. If dispatched to a call that does not require or otherwise justify the completion of a GO report, make an entry into the narrative portion of the CAD system through the Add Remarks command. These remarks shall document the incident, people spoken to or identified, and the final outcome of the incident. The specific address of the call shall also be verified and amended if necessary. This documentation will assist future responding members to determine an appropriate course of action and the correct location. Good judgment and discretion are paramount whenever deciding not to complete a GO report. Events where a CAD entry may take the place of a GO report may include, but are not limited to: a. an audible alarm where the premises are secure; 13

14 b. a routine State of Intoxication in a Public Place event where the person is moved along or cannot be located; c. a disturbance which is resolved and is not anticipated to recur or cannot be located; d. a barking dog where the owner has been advised of the complaint, has agreed to deal with the noise and no further violations are anticipated; e. a noise complaint where the by-law violation is minor in nature and has been effectively dealt with to both the complainant s and surrounding neighborhood s satisfaction; f. an assistance to Emergency Health Services where the function of police is merely to assist with security and no police action is needed or required; or g. a special attention (SPATT) event where the function of police is merely to keep watch over a location, person or situation. Workflow and Bring Forward (BF) Dates 10. Follow-ups are tasks that are assigned through Workflow by a Supervisor, Investigator, the Information Management Section or Crown Counsel requesting members to conduct further work in relation to a GO. 11. When receiving a follow-up request, members must comply with the request in the time allotted (i.e., before the assigned BF date) unless an extension is requested by the member and granted by the issuer. 12. At least once daily during a tour of duty, members are required to check their Workflow. It is recognized, however, that on occasion this may be impracticable due to operational reasons. Members are reminded that workflow is accessible through the mobile laptops as well as on DRE (Direct Report Entry). 13. Members must submit a response to the follow-up assignment in the approved manner set out by the PRIME Training Unit, (hyper-link, Workflow for Members) 14. When adding additional information to a previously submitted GO that is not in response to a follow-up request, access the GO either via the Supplement feature on Mobile Report Entry (MRE) or the Event Maintenance feature on Direct Report Entry (DRE) to add the information. 14

15 Proposed Procedure 1.16 Report Writing Report to Crown Counsel POLICY The Report to Crown Counsel (RTCC) is the most important document that an operational police officer will write. It is through the RTCC that the investigator articulates their reasonable and probable grounds (RPG), outlines the details of the incident, and presents the essential elements of the offence(s) to Crown Counsel so they may have all of the evidence available to consider for charge approval. Both the investigative content and the written quality of the RTCC are paramount and will have significant impact on the final outcome of the file (well-written RTCCs that reflect thorough investigations help generate guilty pleas). Quality work at the front end will result in less duty-time spent on follow-up work and court attendance, thereby resulting in more time for frontline officers to pursue proactive policing strategies. It is important that all members recognize the value of a quality report and take ownership of their investigations from the initial investigation to final outcome at trial. PROCEDURE Members Shall: 1. Where advice or information is required concerning evidence for a charge, initially consult with their immediate Supervisor. 2. Whenever the assistance of Crown Counsel is required, obtain authorization from their Supervisor to contact the Crown Counsel office. After-hours lists of Crown Counsel personnel, who may be used for consultation purposes, are available from the Vancouver Jail NCO. NCOs shall not authorize an after-hours consultation unless it is critical to an investigation. 3. On receiving information from Crown Counsel, members shall indicate on their reports the name of the prosecutor consulted along with the particulars obtained. 4. When an accused is arrested and lodged in the jail, submit an RTCC as soon as possible, or in any event before the member completes their tour of duty. If 15

16 there is to be any delay in submitting the report, contact the Station NCO and advise of the particulars of the arrest and anticipated delay. 5. Identify an officer as the Lead Investigator for every RTCC. The officer shall remain so for the entire investigation and any necessary follow-up unless the role of Lead Investigator is taken over by an assigned investigative unit. The Lead Investigator will generally be the officer who completes the Occurrence Report (OR) narrative. The Lead Investigator shall identify themselves in the Police Will Say (PW) as the Lead Investigator. Each RTCC must contain the following PRIME text pages in order for it to be approved by the Station NCO and to pass through the Justice Information System (JUSTIN) interface: AT - Accused Template AS - Accused/Suspect Statement AL - Attachment List BA - Bail Comments/Recommendations CR - Concluding Remarks CP - CPIC information OR - Occurrence Report PW - Police Will Say SY Synopsis (The acronym AAA BC COPS, can be used to assist in remembering all required text pages.) 6. As the lead investigator ensure: that all required text pages have been completed in the RTCC; that each member mentioned in the report has submitted their Police Will Say (PW), and; a Civilian Will Say (CW) is completed for each civilian witness mentioned in the RTCC. 7. List all supporting documents and police notes in the PRIME attachments list (AL). If no police notes exist, indicate a 0 for the number of pages and No notes for PC1234 SMITH in the description. A double sided page will be referred to as one (1) page. 8. Submit three (3) copies of all supporting documents and police notes to the Station NCO in an Attachments Envelope. 9. A VPD1701 Member Conduct Disclosure form (1701) is required for all police officers involved in the investigation resulting in the RTCC. Members shall not 16

17 reference 1701 s within the RTCC text or list 1701 s as an attachment, but must include them in the Attachments Envelope. (See RPM Sec (i) McNeil Disclosure Requirements) hyper-link 10. Crown Counsel is responsible for vetting documents prior to disclosing them to defense counsel; however, members shall edit or black out any sensitive information from the copy submitted, including: a. Any other case information visible on pages submitted; b. Identification of informants; c. Information that could reasonably put the safety of witnesses or others at risk; and; d. Any information that might impact an ongoing investigation. 11. Submit one (1) copy of all supporting documents and police notes in a Documents for Scanning envelope into the Crown Liaison Unit s (CLU) scanning box outside of the Station NCO s office. 12. As the lead investigator, be responsible for all Crown Counsel Queries (CCQ) and complete all CCQs in the time period set by Crown unless a request for an extension has been made and granted. When further information is required from other members or witnesses, the lead investigator is responsible to contact these parties and ensure the information is provided. 13. When a CCQ must be redirected to another member, advise CLU through a PRIME follow-up (FU) text page to whom the query needs to be redirected and submit the follow-up. Crown Counsel shall not be asked to redirect queries. Members are responsible for advising CLU who is responsible to respond to the CCQ. 14. Submit responses to a CCQ in the approved manner set out by the PRIME Training Unit, (hyper-link, Workflow for Members) 15. Utilize the report writing standards and guides published or made available by the VPD in preparation of RTCCs. These standards are reflected in documents such as Excellence in Report Writing 2009 (updated version pending) (hyperlink), the Vancouver Police Department Report Writing Supplement (hyper-link), and two documents developed by Crown Counsel: the Narrative Drafting Reference Guide (link to ns.pdf) and the Guidelines on the Preparation of an RTCC (link to February2008.pdf). 17

18 16. If you are a member of a specialty investigative unit you are not required to submit RTCCs to the Station NCO for approval but shall follow the direction of the OIC of that specific unit with regard to submission and approval of RTCCs. Patrol Supervisors duties: 17. Patrol NCOs shall ensure all RTCCs written by their members are submitted to the Station NCO for approval, and that all in-custody RTCCs are completed by the end of a member s tour of duty. 18. Although the Patrol NCO is not responsible to approve a member s RTCCs, it is the Patrol NCO s responsibility to monitor the quality of the reports through the Workflow system on an ongoing basis. All RTCCs approved by the Station NCO will be submitted to the member s NCO s workflow as a Notify. Station NCO Duties 19. The Station NCO is responsible for reviewing and approving all RTCCs submitted by Operations Division members. Crown Liaison Unit duties: 20. The Crown Liaison Unit is responsible for ensuring that the requested charges are presented to Crown Counsel and the necessary informations are laid. 18