Criminal law

At the police station

Why proceed with a police investigation?

The investigation often marks the starting point for police involvement when there is a report from a victim, witness, citizen, teacher, or police officer about a possible crime. A criminal offence can take different forms, including theft, violence, breaking and entering, and mischief. In many cases, an investigation is required in order to identify a suspect or find evidence.

The investigating officer’s main job is to collect information about the alleged offence. The officer then evaluates the information so it can be passed on to the Crown prosecutor (also called “the prosecutor” or “the Crown”). Then the prosecutor decides whether the investigation has turned up enough evidence to justify charging the suspect. If it has, then the evidence collected by the police officer will be used to prove the guilt of the suspect.

The investigator must always keep in mind that, like all adult suspects, a young person suspected of committing an offence must be presumed innocent. The purpose of an investigation is not only to find evidence against a youth, but also to find evidence that may prove him innocent. In other words, the investigator must not jump to conclusions too quickly.

What are the stages of a police investigation?

A police investigation can be divided into three steps:

• The initial intervention is the first step. In cases involving violence, the police officer ensures the safety of victims and offers them the help they need. At this stage, the investigator tries to find out what happened and starts collecting evidence. To do so, she questions the victims and the witnesses to determine if an offence has actually been committed and if a suspect can be identified.
  
  
• The second step is an in-depth investigation. Here, the goal is to collect additional evidence. During this stage, the investigator gets written statements from witnesses or the victims. The statements are sometimes recorded on video or audiotape. The investigator also searches the crime scene or other places for clues like fingerprints, physical evidence (such as a weapon or marijuana growing apparatus), or documents related to the offence. A variety of investigative techniques can be used to collect evidence, such as search and surveillance.
  
  The investigator can also collect information about the suspect: what schools he previously went to, different names he has used, his past record, his possible accomplices, his psychological profile, etc.
  
  
• In the last step of the investigation, the police consider whether using an extrajudicial measure would be appropriate. Rather than starting traditional legal proceedings, the investigator may choose to take no further action against the youth. She can also decide to give a warning, a caution (please note that there is no caution program in Quebec), or refer the youth to an agency that might help him out. To learn more about extrajudicial measures, consult the following Infosheets: Extrajudicial measures: Keeping adolescents out of court, Extrajudicial sanctions and Carrying out an extrajudicial sanction

If the investigator feels that extrajudicial measures are inappropriate and that the evidence justifies charging the youth, she forwards the file to the Crown prosecutor. The Crown will then make one of three choices:

• Transfer the file to a representative of the provincial director (in Quebec, the Director of Youth Protection (DYP)) if she feels that the adolescent’s case is suitable for the extrajudicial sanctions program;
  
  
• Bring charges against the adolescent if extrajudicial sanctions are not appropriate in the circumstances;
  
  
• Close the file.

Is there an obligation to answer the investigator’s questions?

No. Witnesses, victims and suspects don’t have to answer the questions that the police officer or investigator asks. However, witnesses and victims tend to cooperate with the investigator by providing details of what they saw or what was allegedly done to them by the adolescent. These statements can help the police find the suspect and collect evidence.

During an investigation, how can the police obtain evidence from a private location?

The investigator might discover that certain items linked to the offence, such as documents or other objects, can be found in a certain private place. During the investigation, the police officer can get a “search warrant” which will allow him to retrieve these items.

Only a judge can grant a search warrant. This document allows the police to enter the place named in the warrant, and to take certain items related to the possible commission of the offence.

To learn more about what happens when police search a location, consult the Infosheet Opening the door...to a police search.

Is the investigator still involved after the arrest of the adolescent?

Yes. After the arrest of an adolescent, the police officer in charge of the file submits the findings of her investigation to the Crown prosecutor. Remember that the Crown has three options: to recommend extrajudicial sanctions, charge the youth, or close the file.

When an adolescent is charged, the investigator follows the file through the legal process, including the court proceedings. She can make suggestions to the Crown regarding sentencing or conditions for release – sometimes, she makes these recommendations as a member of a “conference” set up for this purpose. To learn more about this topic, please consult our Infosheet Conferences.

During the police investigation, who takes care of the victims?

Throughout the investigation, an effort is made to look after the needs of victims. Help can be offered in different ways. If an aid agency is not available to assist the victim, the officer in charge of the file must keep the victim up to date on the investigation, the evolution of the trial, and any measures taken against the adolescent.

In particular, she must let the victim know if there will be extrajudicial sanctions. At the victim’s request, the police will reveal the identity of the adolescent and the extrajudicial sanction that he will complete. The victim can even participate in the process of selecting an extrajudicial sanction.

If the investigator believes that the victim needs more specialized help, she will refer him to an aid agency. One such agency is the Crime Victims Assistance Centre (CAVAC), which has an office in all Quebec courthouses. Those who are eligible for CAVAC’s services are supported by workers from the centre throughout the legal process.

The section "The Victim" has a ton of information about the victim’s role in the process. Consult it to find out more.

1. Service de police de la Ville de Montréal
2. Texte de la loi
3. Sûreté du Québec