NLR 14/21 - Serious Incident Response Team Regulations under the Serious Incident Response Team Act

NEWFOUNDLAND AND LABRADOR REGULATION 14/21 Serious Incident Response Team Regulations under the Serious Incident Response Team Act (Filed March 25, 2021) Under the authority of section 20 of the Serious Incident Response Team Act, I make the following regulations. Dated at St. John’s, March 25, 2021. Jennifer Mercer Deputy Minister of Justice and Public Safety REGULATIONS Analysis 1. Short title 2. Interpretation 3. Chief officer's delegate 4. Notification of serious incident by public 5. Notification report 6. Securing scene 7. Segregating police officers during investigation 8. Investigative material 9. Police officer's notes 10. Interviewing police officers 11. Notification of status 12. Change of status 13. Obstruction 14. Investigation update 15. Summary of investigation 16. Annual report 17. Commencement Short title 1. These regulations may be cited as the Serious Incident Response Team Regulations . 14/21 s1 Back to Top Interpretation 2. (1) In these regulations, (a) "Act" means the Serious Incident Response Team Act ; (b) "business day" means a day that is not a Saturday or a holiday; (c) "investigating agency" means an agency conducting an investigation under the authority of paragraph 12(b) or (d) of the Act; (d) "investigation" means an investigation of a serious incident conducted in accordance with paragraph 12(a), (b) or (d) of the Act; (e) "person in charge of the investigation" means (i) in relation to an investigation conducted by the Serious Incident Response Team under paragraph 12(a) of the Act, the director or person acting under the authority of the director, (ii) in relation to an investigation conducted by an agency under paragraph 12(b) of the Act, the officer in charge of the investigation, (iii) in relation to an investigation conducted by an independent team from another province under paragraph 12(d) of the Act, the director of the independent team or a person acting under the authority of that director, or (iv) in relation to an investigation conducted by an agency from another province under paragraph 12(d) of the Act, the officer in charge of the investigation; (f) "serious injury" means an injury that, in the opinion of the director, is likely to interfere with the health or comfort of the victim and is more than merely transient or trifling in nature and includes, (i) a fracture of the skull, jaw, vertebrae, rib, limb, humerus, radius, ulna, femur, tibia or fibula, (ii) burns, cuts, lacerations or abrasions that require admission to a hospital on an in-patient basis, (iii) the loss of any part of the body, (iv) the loss of mobility in any part of the body, (v) the loss of vision or hearing, (vi) internal injuries that require admission to a hospital on an in-patient basis, or (vii) any injury caused by the discharge of a firearm; (g) "subject officer" means a police officer who is the subject of a complaint or investigation or whose actions have resulted in a serious incident; and (h) "witness officer" means a police officer who is a witness to or, in the opinion of the person in charge of the investigation, has material information related to a serious incident. (2) For the purposes of paragraph 2(e) of the Act, "member" includes a current member and a former member. 14/21 s2 Back to Top Chief officer's delegate 3. Where the chief officer is a subject officer or witness officer, the chief officer's powers and duties under the Act and these regulations shall be carried out by the police officer to whom the chief officer's powers and duties under the Act or these regulations have been delegated in accordance with the Act governing the chief officer's agency. 14/21 s3 Back to Top Notification of serious incident by public 4. For the purposes of section 12 of the Act, the director may become aware of a serious incident where a member of the public notifies the director of a serious incident in the form and manner required by the director. 14/21 s4 Back to Top Notification report 5. (1) Within 24 hours after providing notice of a serious incident in accordance with subsection 11(1) of the Act, the chief officer shall provide a notification report to the director in the form provided by the director. (2) Where the chief officer is unable to provide all the information required in the notification report in the time period referred to in subsection (1), the chief officer shall provide a revised notification report to the director as soon as all the required information is available. 14/21 s5 Back to Top Securing scene 6. Immediately upon becoming aware that an investigation is being undertaken, the chief officer shall ensure that the chief officer's agency secures the scene in a manner consistent with the policies and usual practice of the agency so as to ensure preservation of evidence and the scene's integrity until the Serious Incident Response Team or the investigating agency takes charge of the scene of the serious incident. 14/21 s6 Back to Top Segregating police officers during investigation 7. (1) Unless otherwise directed by the person in charge of the investigation, the chief officer shall, immediately upon becoming aware that an investigation is being undertaken, ensure, to the extent that is practicable, that all police officers involved in or present at the scene of the serious incident are segregated from each other until after the Serious Incident Response Team or investigating agency has completed interviewing all of the police officers. (2) Unless otherwise directed by the person in charge of the investigation, a police officer who is segregated under subsection (1) shall not communicate, directly or indirectly, with any other police officer who was involved in or present at the scene of the serious incident about the details of the serious incident until after the Serious Incident Response Team or the investigating agency has completed interviewing all of the police officers. 14/21 s7 Back to Top Investigative material 8. The chief officer shall, where requested by the person in charge of the investigation, provide any relevant investigative material relating to the serious incident to the person in charge of the investigation. 14/21 s8 Back to Top Police officer's notes 9. (1) A police officer who is involved in or present at a serious incident shall complete notes about the serious incident in accordance with the procedures of the police officer's agency. (2) A witness officer shall provide the notes referred to in subsection (1) to the person in charge of the investigation no later than 24 hours after the person in charge of the investigation directs the witness officer to provide the notes. (3) Where the person in charge of the investigation is of the opinion that a subject officer's notes referred to in subsection (1) are necessary, the person in charge of the investigation may direct the subject officer to provide the notes and the subject officer shall provide the notes to the person in charge of the investigation no later than 24 hours after being directed to provide the notes. (4) Where a witness officer or a subject officer provides notes to the person in charge of the investigation under subsection (2) or (3), the witness officer or subject officer shall provide a copy of the notes to the chief officer. (5) Notwithstanding subsection (2) or (3), the person in charge of the investigation may require the notes referred to in subsection (1) to be provided in less than 24 hours where the person in charge of the investigation is of the opinion that allowing at least 24 hours would cause an unreasonable delay that may jeopardize the investigation. (6) Notwithstanding subsection (2) or (3) the person in charge of the investigation may extend the time periods referred to in subsection (2) and (3). 14/21 9 Back to Top Interviewing police officers 10. (1) A person in charge of the investigation may request or direct a police officer to attend an interview as part of an investigation. (2) Notwithstanding subsection (1), a person in charge of the investigation shall not direct a subject officer to attend an interview. (3) The person in charge of the investigation may direct that a witness officer attend an interview and answer questions at a specified place and at a specified time that is at least 24 hours after the director is notified of the serious incident. (4) Notwithstanding subsection (3), the person in charge of the investigation may require that a witness officer attend an interview in less than 24 hours where the person in charge of the investigation is of the opinion that allowing at least 24 hours would cause an unreasonable delay that may jeopardize the investigation. (5) Except as provided in subsection (6), a police officer who is requested or directed to attend an interview shall be given reasonable opportunity to consult with legal counsel before the interview, and the person in charge of the investigation shall advise the police officer of that opportunity. (6) Subsection (5) does not apply to a witness officer where the person in charge of the investigation is of the opinion that waiting for an opportunity for the witness officer to consult with legal counsel before an interview would cause an unreasonable delay that may jeopardize the investigation. 14/21 s10 Back to Top Notification of status 11. Before requesting or directing a police officer to provide notes under section 9 or attend an interview under section 10, the person in charge of the investigation shall advise the police officer and the chief officer, in writing, whether the police officer is considered a subject officer or witness officer. 14/21 s11 Back to Top Change of status 12. (1) Where, at any time after advising that a police officer is considered to be a subject officer or a witness officer, the person in charge of the investigation determines that the police officer's status is changed from a subject officer to a witness officer or from a witness officer to a subject officer, the person in charge of the investigation shall advise the police officer and the chief officer, in writing, of the change in status. (2) Where, after conducting interviews with a police officer, the person in charge of the investigation determines that the police officer's status is changed from a witness officer to a subject officer, the person in charge of the investigation shall give the police officer the original and all copies of the record of all of the police officer's interviews. 14/21 s12 Back to Top Obstruction 13. A person shall not interfere with, obstruct, attempt to obstruct, or fail to cooperate with the person in charge of the investigation while the person in charge of the investigation is exercising powers or carrying out duties or functions under the Act or these regulations. 14/21 s13 Back to Top Investigation update 14. An investigation update required under subsection 13(1) of the Act shall be in writing. 14/21 s14 Back to Top Summary of investigation 15. (1) A summary referred to in subsection 17(1) of the Act relating to a serious incident where a charge is not laid shall be in writing and include the following information: (a) a statement as to why the incident falls under the Serious Incident Response Team's mandate; (b) the time frame of the investigation; (c) a summary of the facts; (d) a statement of the relevant legal issues; (e) the reasons why a charge is not being laid; and (f) any other information the minister may request. (2) A summary referred to in subsection 17(1) of the Act relating to a serious incident where a charge is laid shall be in writing and include the following information: (a) the subject officer's name; (b) the offence charged; (c) details regarding the police officer's court appearances; and (d) any other information the minister may request. (3) Where a charge is laid in relation to a serious incident, the director may provide a supplemental summary at the conclusion of the prosecution, setting out the reasons why the charge was laid. (4) The summary required to be provided to the public under subsection 17(3) of the Act shall (a) be the same as the summary provided under subsection (1), (2) or (3); and (b) be made available to the public no later than 2 business days after it is provided to the minister and the agency. 14/21 s15 Back to Top Annual report 16. In addition to the information prescribed in section 18 of the Act, an annual report shall include the number of matters referred to the director in the year. 14/21 s16 Back to Top Commencement 17. These regulations come into force on the day the Serious Incident Response Team Act comes into force. [In force - Mar. 26/21] 14/21 s17