COMMISSIONER'S DIRECTIVE 

PRESERVATION OF CRIME SCENES AND EVIDENCE

Policy Bulletin 223

POLICY OBJECTIVE

1. To ensure the preservation of a crime scene in order to safeguard against the destruction or contamination of evidence.

AUTHORITY

2. Commissioner's Directive 568 - Management of Security Information.

DEFINITIONS

3. Evidence: a proof in accordance with legal principles of the various elements necessary to establish that an offence took place.

4. Physical or forensic evidence: an actual physical evidence or trace of evidence that may be scientifically matched with a known individual or an identified item.

5. Cross-contamination: the adulteration of one piece of evidence with physical or forensic evidence from another piece of evidence (e.g. the transfer of blood, cloth fibres or hair from one article to another).

6. Medical emergency: an injury or condition that poses an immediate threat to a person's health or life which requires medical intervention.

RESPONSIBILITIES

7. The Institutional Head shall designate a person responsible for performing the preventive security function and serving as the police liaison.

PROCEDURES

8. The preservation of life shall take precedence over the preservation of crime scenes and evidence.

9. If a staff member other than a Correctional Officer comes across the scene of a crime, he or she shall immediately control access to the scene to the extent possible until security staff take over.

10. If a computer is part of a crime scene, the senior local computer systems administration staff member shall be notified immediately. That person shall, in turn, notify the Regional Information Technology Security Coordinator (RITSC) of the event and ask for direction on how to properly protect any computer-based evidence. The local person shall act as the local information technology security representative, under the direction of the Security Intelligence Officer and the RITSC unless or until the investigation is elevated to a higher level.

Medical Emergency Situations

11. In responding to a medical emergency, the primary goal is the preservation of life and each staff member has an important role to play:

1. non-health services staff arriving on the scene of a possible medical emergency must immediately call for assistance, secure the area and initiate CPR/first aid without delay;
2. responding non-health services staff must attempt CPR/first aid where physically feasible even in cases where signs of life are not apparent (the decision to discontinue CPR/first aid can be taken only by authorized health personnel or the ambulance service in accordance with provincial laws);
3. initiation of CPR by non-health services staff is not required in the following situations:
   • decapitation (i.e. the complete severing of the head from the remainder of the body),
   • decomposition,
   • the non-health services staff are aware of a DO NOT RESUSCITATE (DNR) order (responding non-health services staff shall verify if a DNR order exists as per the CSC Palliative Care Guidelines),
   • CPR is not to be initiated in cases where the inmate is believed to be dying from natural causes and has a known valid DNR order posted. The existence of a DNR order does not preclude the use of other forms of treatment or care (i.e. treatment for a non-life threatening injury);
4. non-health services staff must use approved protective equipment when administering CPR/first aid;
5. once initiated, non-health services staff will continue to perform CPR until relieved by Health Services staff or the ambulance service;
6. as soon as a possible medical emergency is identified, the Correctional Supervisor or officer-in-charge must notify Health Services and the ambulance service in accordance with the Institutional Contingency Plan, Standing Orders or Post Orders;
7. the Correctional Supervisor or officer-in-charge must immediately establish appropriate security for responding staff and the ambulance service;
8. once on the scene, Health Services or the ambulance service shall be responsible for determining the medical response to the situation;
9. correctional staff on the scene will continue to provide assistance as directed by Health Services or the ambulance service;
10. the Institutional Head shall ensure all staff have ready access to necessary protective and first aid equipment in all work locations;
11. all correctional officers shall be issued approved protective masks and gloves that must be carried on their person;
12. the Institutional Head shall ensure that debriefings occur immediately following a medical emergency (to inform CSC managers of the details related to the medical emergency) and offer critical incident stress management services to all staff involved in the incident as set out in the Guidelines on Critical Incident Stress Management; and
13. immediately following a medical emergency:
    • responding non-health services staff shall complete form CSC/SCC 1323 02 - Response to Incidents Involving a Medical Emergency - Staff Checklist,
    • responding nurses shall complete form CSC/SCC 1323-03 - Response to Incidents Involving a Medical Emergency - Nurse Checklist, and
    • the Correctional Supervisor shall complete form CSC/SCC 1323-01 - Response to Incidents Involving a Medical Emergency - Correctional Supervisor / Officer-In-Charge Checklist.

12. The Institutional Head must ensure there are quarterly on-site simulations of medical emergencies that will allow staff to practice and remain current in skills. The scenarios used for the medical emergency exercises shall be developed in consideration of the particular institution’s circumstances relating to the availability of medical resources within the community and will emphasize the specific needs of the midnight shift.

Protecting the Scene of a Crime

13. The scene of a crime is a delicate area and must be treated with the utmost care so as not to contaminate or destroy potential evidence. Therefore, the following minimum standards shall be used to protect the scene of a crime:

1. establish a perimeter to protect the scene;
2. prevent any damage or further damage;
3. evacuate non-involved persons;
4. prevent unauthorized persons from entering the crime scene or contaminating any evidence;
5. when personnel who have no bona fide need to be on the scene insist on entering, record their names and the times they were on the scene, for court purposes;
6. maintain an accurate "scene log" of the names and the times that everyone enters or leaves the scene;
7. maintain control of the scene until relieved by a designated officer or by police; and
8. when another officer arrives to assume control of the scene, verbally confirm this as a fact and record the time and the person's name and rank.

Preservation of Evidence

14. The following steps shall be taken to preserve evidence:

1. do not move anything unless absolutely necessary;
2. to the extent possible, avoid contamination of evidence;
3. photograph, if possible, before something is moved;
4. protect physical evidence from the elements;
5. record and identify any evidence found or moved (i.e. what, where, by whom and when);
6. maintain evidence in possession of the person who seized it until it can be handed over to police or properly stored using the chain of custody form or tag;
7. do not cross-contaminate evidence (i.e. keep each piece of evidence separate from other evidence);
8. use a paper bag for bloody items;
9. isolate witnesses from each other and other persons;
10. if a computer is part of a crime scene and no apparent attempt to destroy computer-based evidence has been observed, the computer should not be disturbed and the computer systems administration staff should be notified; and
11. if an apparent attempt to destroy or alter computer-based evidence has been observed (such as rapidly blinking hard drive access light), turn the computer off as quickly as possible and keep it safe from any unauthorized intervention.

Transfer of Responsibility

15. Responsibility for protection, preservation and continuity shall cease when the scene of the crime and/or the evidence is taken over by the investigative body (i.e. the police or Security Intelligence Officer).

Commissioner,

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