STANDING ORDER (GENERAL) 256 DUTIES OF THE COMMANDERS ON A RELIEF AND THE INVESTIGATION OF CHARGES

Transcription

1 STANDING ORDER (GENERAL) 256 DUTIES OF THE COMMANDERS ON A RELIEF AND THE INVESTIGATION OF CHARGES 1. Background The purpose of this Standing Order is to ensure the effective utilization of human resources of a relief and to ensure effective command and control by the relief commander, community service centre commander and operational commander. The primary tasks of members of a relief are (a) the prevention of crime; visible policing; attending to complaints; providing a service to the public in the community service centre; and to perform the duties attached to a community service centre. The relief commander is in overall command of the community service centre commander and his or her staff, as well as the operational commander and his or her members on patrol. The relief commander may also perform duty as community service centre commander or operational commander if there are not enough members available. 2. Definitions In this Standing Order, unless the context otherwise indicates, (1) community service centre commander means the member in command, during a shift, of the community service centre or the member in command of the detention facilities at an office under the control of the Service and includes a member who is performing the functions of a community service centre commander; (2) detention facility means a police cell, lock-up or temporary detention facility which is under the control of the Service; (3) district surgeon means a district surgeon appointed by the Department of Health, or any registered medical practitioner or any registered nurse; (4) member" means (a) a member of the South African Police Service appointed in terms of the South African Police Service Act, 1995 (Act No 68 of 1995), and includes a member of the South African Reserve Police Service, while such member is on duty in the Service; Visible Policing V Page 1 of 14

2 (5) members on patrol means functional police members posted to perform operational duties such as police patrol duties, crime prevention duties, responding and attending to complaints, search and seizure duties, etc; (6) operational commander means a member designated by the relief commander to take command and control of the members on patrol for the duration of a shift; (7) person in custody means a person who has been arrested and who is in the custody of the Service awaiting trial and who has not yet been handed over or handed back to the Department of Correctional Services or any other institution for detention, or any other person in the custody of the Service; (8) relief means a number of members designated for duty during a particular period of hours, and any such members who, at any time, are added to the relief; (9) relief commander means an officer or member appointed by the station commander to take command and control of a relief; (10) Service means the South African Police Service; and (11) Station Commander means any member appointed in command of a police station, whether permanently or temporarily. 3. Functions of the Relief Commander (1) It is expected of the relief commander to set an example through his or her punctuality, smartness, appearance, knowledge, sobriety, honesty and courtesy. The relief commander must devote himself or herself to train the young and inexperienced members, keeping a vigilant eye on them when they perform their duties and must ensure that they fully understand the approved methods of working. The relief commander must also give the necessary guidance to all members on his or her relief, including members in the community service centre, especially in circumstances where a person has been arrested for a serious offence. If it is clear that some members in the community service centre are not fully utilized, they must be posted on operational duties. (2) The relief commander is to instruct the members under his or her command in the nature of their functions and duties, cautioning them regularly and strongly against any act of unnecessary violence on any person, as well as cautioning them against the use of objectionable language, but inculcating in them the value of loyalty, sobriety and an even temper. Visible Policing V Page 2 of 14

3 (3) The relief commander is responsible for the efficient utilization of all human and physical resources and must therefore see to it that the maximum number of members must be utilized for operational duties. The relief commander is also responsible for the conduct, appearance and performance of members doing duty on the relief. (4) (a) The relief commander must parade members of a relief at the beginning and end of each shift. The relief commander must report at least fifteen minutes before he or she parades the relief in order to obtain information from the relief commander going off duty. The relief commander must ensure that the names of all the members of the relief are entered on the SAPS 15 (Report by Commander) with each respective member s duties entered opposite his or her name. The relief commander must take accountability for all the members on his or her relief, as well as those who are absent as a result of leave, special duties or courses. The absence of a member must be indicated on the SAPS 15 (Report by Commander) and the applicable reference numbers must be endorsed. The relief commander must also note any changes from the usual duty, for example, when a member is withdrawn to perform another duty or if a member is added to the relief. The following matters demand particular attention and the relief commander must (i) ensure that all members on the relief are sober, neat, and dressed according to Dress Orders; (ii) (iii) (iv) ensure that all members are in possession of their appointment certificates; inspect all vehicles that are used by his or her relief and ensure that all drivers are in possession of their driving licences and that they are authorized to drive state vehicles; inspect members firearms (SAPS 108) and ensure that strict supervision is kept over all firearms issued to members of the relief and that firearms are loaded only on his or her command on the parade; Visible Policing V Page 3 of 14

4 (v) (vi) relay information received from the Crime Information Office and previous relief commander to members of his or her relief and brief operational commanders and their members regarding the need for specific operations and taskings in their patrol areas; and inspect the relief and after having complied with the foregoing instructions, make a brief entry of the particulars of the relief in the Occurrence Book (SAPS 10). (f) If the station commander or other senior member is present, the relief commander must also report to him or her in order that the station commander or other senior member may inspect the parade. (5) To ensure command and control over the relief, the relief commander must (a) remain in contact with the members of the relief during the shift, visit them on their patrols, in the community service centre or other places where they are performing their duties to ensure that every member is alert and at his or her appointed place of duty; (f) (g) record the place and time of every visit to members on duty in their, as well as his or her own Pocket Books; ensure that all noncompliance and irregularities carried out by members are immediately addressed and strict action is taken to prevent reoccurrences; if he or she finds a member absent from his or her patrol or post, ascertain the reason and, if necessary, report his or her absence and conduct a search for the member; ensure that steps as set out in the Disciplinary Regulations of the South African Police Service are taken without delay against members who are guilty of any misconduct as set out in these Regulations; take a statement from any person who lodges a complaint about the conduct of a member and make any provisional enquiry which must be necessary, and subsequently submit a report to the station commander for further investigation, instruction or disposal; and conduct first level inspections on all registers and books in the community service centre during each shift. Visible Policing V Page 4 of 14

5 (6) The relief commander must conduct a camp inspection during every night shift and every weekend shift, where after an entry, signed by him or her, must be made in the Occurrence Book (SAPS 10). (a) A camp inspection is the physical inspection of the condition of the police premises, including the buildings, fences, SAPS 13 camp, detention facilities, faults, safes, lights, water pipes, drains, parked vehicles, etc. Any defects or problems discovered or observed during the camp inspection must be recorded in the Occurrence Book (SAPS 10). Defects that need immediate attention, must be dealt with without delay. (7) The prevention of crime remains the most important task of the members on the relief and the relief commander must (a) ensure that police patrols, as well as crime prevention and combatting operations, such as roadblocks, stop and search, and general law enforcement, are executed within the station area; ensure that complaints are responded and attended to within the station area; ensure that members of the relief visit business premises, filling stations, schools, banks, automatic teller machines (ATM s),vacant premises, farms, small holdings in rural areas and other hotspot areas identified by the Crime Information Office; check all case dockets for correctness before it is registered on the Crime Administration System (CAS); and respond to serious incidents and disasters, notify relevant disaster management role-players and activate station mobilization orders and contingency plans when necessary. (8) When the members of his or her relief return after being relieved and before reporting off duty, the relief commander must (a) inspect them on a parade to ensure that they are all accounted for, sober and free from injuries; examine and sign the Pocket Books of the members of his or her relief; ensure that, before he or she dismisses the parade, the members of his or her relief unload their firearms and only at his or her command; Visible Policing V Page 5 of 14

6 (f) (g) supervise, the handing in of firearms, vehicles and other equipment; report any discrepancies in the Occurrence Book (SAPS 10) for the information of the station commander; collect the patrol reports and other reports they have to submit, from the operational commander and members on patrol; complete the SAPS 15 (Report by Commander) and convey the relevant information, including crime related information, to the next relief commander before he or she goes off duty. (9) The absence of crime and the orderly state of the station area, the good conduct of the members and the absence of complaints by the community, will be considered to be the best proof of the efficient manner in which a relief commander is performing his or her duties. 4. Functions of the Community Service Centre Commander (1) The community service centre commander is responsible for the execution of all duties relating to the community service centre at a police station during his or her shift and performs his or her duties under the supervision of the relief commander. (2) The following matters demand particular attention and the community service centre commander must (a) ensure that the members and personnel in the community service centre are neat, alert and professional at all times; flags are hoisted and lowered as provided for in Standing Order (General) 202; ensure that the community service centre and surroundings, as well as all registers in use, are clean and neat at all times; ensure that all visitors to the community service centre are attended to immediately, efficiently and in a professional manner with dignity and the necessary empathy; ensure that the particulars, as well as steps taken by the police, of all reports and complaints made at the community service centre which require police action or attention, are recorded in the Occurrence Book (SAPS 10) and processed; Visible Policing V Page 6 of 14

7 (f) (g) (h) (i) (j) (k) (l) (m) monitor attendance of complaints by members on patrol, including the electronic system to locate official vehicles, and ensure a swift reaction time; check all statements to ensure that it is correct and of a proper quality; in every case where a crime is reported or an alleged incident of crime is brought to his or her attention, register a case docket on the Crime Administration System (CAS) and ensure that the investigation receives immediate attention. Where it is necessary, the required particulars must also be recorded in the other relevant register(s). The complainant must not, unless circumstances or the nature of the case demands it, be sent to another police station; monitor relevant functions on the CAS and ensure that all CAS faults are rectified immediately; receive and control all exhibits and found property and ensure that it is captured on the CAS and recorded in the Property Register (SAPS 13); ensure that dockets are forwarded to the Detective Service Centre, or other police stations when applicable, and ensure that acknowledgement of receipt thereof is obtained from the Detective Service Centre commander, or a member designated by him or her; ensure that the provisions of Standing Order (Stores) 48 in respect of the safekeeping, issuing and accounting for firearms kept in the community service centre are adhered to; and ensure that the provisions of Standing Orders and directives issued by the National Commissioner in respect of the treatment and detention of persons in custody are complied with. (3) The community service centre commander may refuse the acceptance of a charge against a person when the elements of crime are absent or it is an obvious civil matter, in which case he or she must make an entry in the Occurrence Book (SAPS 10) and mention the reason(s) why the acceptance of the charge was refused. The entry must be signed by the community service centre commander. If the member who is refusing the charge, is the senior of the community service centre commander, he or she must make and sign such entry. Visible Policing V Page 7 of 14

8 (4) The community service centre commander is responsible for the preservation of the good order and the routine in the community service centre and he or she must ensure that the following rules are observed and adhered to: (a) A member may not, while on duty, smoke in the presence of members of the public. (f) (g) When a person reports at the community service centre in connection with a complaint, report or information, every member in the community service centre must immediately cease any conversation, among themselves or over the telephone (unless it is official business and absolutely necessary) and give immediate attention to the visitor to assist him or her. A visitor such as this must not remain in the community service centre for longer than is necessary for the completion of his or her visit. All incoming telephone calls must be answered by, or under the supervision of the senior member on duty in the community service centre. A member answering a telephone call must announce his or her rank, surname and station in a clear and audible voice. Private calls received or made on official telephones in the community service centre must be limited and to the point. No person (other than the station commander, members performing visiting or inspection duties and members on duty in the community service centre), must be allowed behind the counter or other partition which separates the community service centre from the section reserved for the community. Members laying charges or visiting the community service centre in connection with any other duty must not be allowed to remain longer than necessary in the community service centre. A member may not eat or smoke in the community service centre. A member may not sleep while on duty. (5) If a member has arrested a person for a serious offence on his or her shift, the community service centre commander must acquaint him or herself with the particulars. The community service centre commander must give advice to the member and give guidance as to the nature and character of the evidence which will be required, and assist him in preparing the case for court. Visible Policing V Page 8 of 14

9 (6) If a community service centre commander observes that a member has acted offensively or wrongfully, in either laying a charge or detaining a person, or in any other way, he must make a brief entry of the details in the Occurrence Book (SAPS 10). (7) If an officer or other senior member performs duty in the community service centre, the community service centre commander must carry out the functions referred to in this Order under the supervision and control of this senior commander and the latter must be responsible for the effective control of the community service centre. (8) (a) Before handing over or receiving the community service centre, the community service centre commander must carefully check the following against the relevant registers: (i) All persons in custody detained; (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) The property of persons in custody; Exhibits and found property, which has not been handed to the station commander for safekeeping; Receipt books for bail and admission of guilt fines; All official registers and forms; All official money; Firearms and ammunition in safekeeping or kept for use in the community service centre; All keys for which he or she is responsible, e.g. of detention facilities, storerooms, safes, safe-drawers, trunks, victim friendly rooms and vehicles; Equipment kept for use in the community service centre, e.g. hand radios, cellular phones and official stamps; all files and documentation that must be kept in the community service centre in accordance with instructions and directives. The community service centre commander must make an entry in the Occurrence Book (SAPS 10) indicating to whom the community service centre is being handed over and specifying the various items and sums of money. The serial numbers of firearms, Visible Policing V Page 9 of 14

10 hand radios and cellular phones, as well as the quantity of ammunition of every make and calibre, must be specified. Persons in custody receiving medication and any other persons in custody, who requires regular monitoring because of a medical condition or who is intoxicated or under the influence of drugs, must be brought to the attention of the community service centre commander taking over the community service centre. These persons in custody must specifically be mentioned in the handing over certificate. The community service centre commander taking over community service centre duties, must check the particulars in the handingover certificate, ensure that it is correct and that the community service centre clock indicates the correct time. Both community service centre commanders must sign the handing-over certificate as proof of the correct transfer and receipt. If any of the items mentioned in the entry are altered, both community service centre commanders must initial next to the alteration. Should there be any discrepancy or deficiency, an entry must be made to that effect and the matter reported without delay. 5. Functions of the Operational Commander (1) The relief commander appoints an operational commander in the station area or in a specific area for the duration of the shift. (2) The operational commander performs his or her duties under the supervision of the relief commander and must ensure that police duties and functions are thoroughly and efficiently executed. The occurrence of crime in a station area depends to a great extent on the nature and the extent of patrol and other crime prevention duties performed by the operational commander and his or her members. Youthful members may easily become lazy, passive and, for practical purposes, useless, should they regard this most essential task of patrolling and crime prevention as ordinary dull work. An intelligent, capable and even-tempered operational commander can, by positive action, sound advice and guidance, greatly contribute towards assisting constables, especially the younger members, to realise the true value and purpose of this type of service. (3) The operational commander must support the relief commander and must also (a) take command and control over the members on patrol for the duration of the shift and report all policing activities to the relief commander; Visible Policing V Page 10 of 14

11 (f) take command and control over all operational policing activities in the area allocated to him or her for the duration of the shift; compile a patrol report after each shift and submit it to the relief commander at the off-duty parade; ensure that patrols are performed efficiently and that members comply with the provisions of Standing Order (General) 260; ensure that complaints by members of the public are attended to; and visit members on patrol. (4) The operational commander must devote himself or herself to train the young and inexperienced members correctly, and keep a vigilant eye on them when they perform their duties. (5) If a member under the command of the operational commander reports that any door or window in the policing area has been found open, the operational commander must investigate the matter and advise or send for the owner. (6) The operational commander must ensure that the following receives particular attention: (a) Maintaining of police visibility; Suspicious persons and vehicles; Business premises private residences, government buildings and key points; High crime areas; Bag-snatchers; and (f) Prioritized and general crime. (7) The operational commander must ensure that thorough planning is done to prevent crime in areas where serious crime is often committed. (8) In the event of a fire at or near the area under the command of the operational commander, he or she must summon the fire-brigade, attend the scene without delay, and take such action as circumstances may demand. (9) In the event of serious incidents where lives are lost or in danger, such as an explosion or where a building has collapsed, the operational commander must immediately contact the community service centre and summon the emergency services. The operational commander must Visible Policing V Page 11 of 14

12 ensure that every possible assistance in order to protect life and property is rendered at such a scene. (10) No member is allowed to sit in the community service centre, waiting for a complaint to respond to, other than those posted in the community service centre. (11) If the operational commander is not performing duties as the relief commander as well, he or she must assist the relief commander in respect of his operational duties outside of the community service centre. 6. Investigation of charges reported at the community service centre (1) If a person arrested by virtue of a warrant, is brought to the police station, he or she must be charged and detained with the offence mentioned in the warrant. (2) In the case of a person arrested without a warrant on a specific charge, the grounds upon which the arrest was made must be carefully investigated. (3) If the case has already been investigated, the charge must be accepted if, from the statements in the Case Docket and nature of the offence, it appears that the arrest is justified. (a) If the case is one which has not yet been the subject of a Case Docket, statements must be taken from the member or other person laying the charge and from any witnesses available. If the facts recorded in the statement(s) constitute a prima facie case against the person in custody and there appears to be sufficient grounds for his arrest, the charge must be accepted. (4) If a civilian lays a charge which is well-founded, but refuses to sign a First Information of Crime or other statement made by him or her, the charge must nevertheless be accepted and the case further investigated. The name and address of this person should, however, be taken in order that he or she may, if necessary, be subpoenaed. [See sections 20(2) and 205 of the Criminal Procedure Act, 1977 (Act No 51 of 1977).] (5) If a person has been arrested on any charge, appears to be helpless, insensible, injured or in a condition of shock, great circumspection and caution must be exercised. This applies particularly to a person accused of being drunk or of driving a motor vehicle while under the influence of liquor or drugs. The fact that a person's breath smells of liquor can be misleading, since a small quantity of liquor may induce fits in those who are subject to it. The provisions of SO(G) 361 must, if applicable, be complied within a case such as this. Visible Policing V Page 12 of 14

13 (6) In order to ensure that a person in custody is duly informed of his or her rights in terms of the Constitution, the community service centre commander must issue a Notice of Constitutional Rights (SAPS 14A) (hereinafter referred to as Notice ) to every person who is admitted into a detention facility. All the rights of an arrested and person in custody, as set out in section 35(1) and (2) of the Constitution, are contained in this Notice. The procedure to be followed in regard to this Notice is set out in paragraph 7 of Standing Order (General) 361. (7) After a charge has been accepted and the person in custody cautioned, the community service centre commander must, in consultation with the investigating official, give consideration as to whether it is necessary to detain him or her, or whether he or she might be released on bail, or him or her paying an admission of guilt fine, or to ensure his or her appearance before a court by issuing a summons or a warning [See Standing Order (General) 381 and 382]. (8) (a) If a person is taken into custody on a charge of having driven a motor vehicle on a public road while under the influence of liquor or drugs, the community service centre commander must detain this person as a suspect and take him or her to a district surgeon or a medical practitioner, or summon a district surgeon or a medical practitioner, to examine the suspect and to take a blood sample from him or her. A registered nurse may also, if he or she is requested by a police official, take the necessary blood sample from the suspect. If the suspect is taken to another place for this purpose, he or she must be properly booked out in the Custody Register (SAPS 14) and an Occurrence Book (SAPS 10) entry must be made. The suspect must be charged if the district surgeon, after having medically examined the suspect, gives a certificate on the form as prescribed, from which it appears that he is, in fact, able to give evidence in support of the charge. If, however, he gives a certificate from which it appears that he is unable to give evidence in support of the charge, the suspect is to be released. A form SAPS 328 must be completed and the case further investigated, unless, after consideration of all the available evidence, the community service centre commander is of the opinion that the person is under the influence of liquor or drugs to such a degree that the charge could be proved in court without the supporting evidence of a district surgeon, in which case the person is to be charged. Visible Policing V Page 13 of 14

14 (f) If a district surgeon is not available for the necessary examination, the community service centre commander must decide whether the suspect is so obviously under the influence of liquor or drugs, that the testimony of the arresting official and other evidence, would, without the supporting medical evidence, under normal circumstances, be accepted by the court as conclusive. If a suspect after having been examined by the district surgeon, is capable of understanding, the community service centre commander must inform him that, if he or she desires it and is prepared to pay all expenses involved, a private medical practitioner, nominated by him, will be summoned to examine him or her. If he or she makes such a request, he or she must be given every possible assistance and the fact that this has been done and his or her reply thereto, must be recorded in the investigation diary (SAPS 5) and the Occurrence Book (SAPS 10). The member in charge of the case must, if necessary, be in a position to give evidence in this regard. The district surgeon must, when examining a suspect charged with driving under the influence of liquor or drugs, fill in the prescribed form, and seal the container containing the blood sample of that suspect. Although it is the responsibility of the district surgeon to seal the blood sample, the member who takes the suspect for sampling, must also ensure that the sample taken, is properly sealed in accordance with the directions included in the sample kit. Members must refuse to accept a sample from a district surgeon if it is unsealed or not sealed correctly. The community service centre commander must ensure that the container containing the blood sample, after it is registered in the Property Register (SAPS 13), is locked away in the transit store of the community service centre, where it cannot be tampered with until the designated SAPS 13 official take receipts thereof [SO(G) 335]. The sample must be put and stored in a refrigerator or cold room, preferably between 0ºC and 4ºC, as soon as possible. Visible Policing V Page 14 of 14