9.3 Use-of-Force Reports & Evidence Continuity

Use-of-Force Reports & Evidence Continuity

Quick Answer: Every time a BC security guard uses force — a restraint, a strike, a weapon, or a dog bite — the guard must maintain a use-of-force report under Security Programs Division policy 3.7.2.1, a licence condition that applies whether or not anyone was injured. The report must record the subject, the justification, the force used, injuries, witnesses, and photos. Evidence must be secured, documented, and handed to police with an unbroken chain.

Documentation Skills, Unit 5 of the BST curriculum, sits at the intersection of force and evidence. A guard who uses force but fails to document it has, in the eyes of a tribunal, essentially used force without justification — because the justification lives in the report. A registrar-imposed licence condition makes the report mandatory, and the Security Services Act (SBC 2007, c.30) backs it with licensing consequences. This section covers what a use-of-force report must contain, how to preserve evidence, and how the notebook supports or undermines a lawful-arrest claim.

The Mandatory Use-of-Force Report

Under Security Programs Division policy 3.7.2.1 — a licence condition resting on Regulation s.7(1)(g) — a licensee must maintain a report of every incident in which any type of force is used, and of any incident in which a dog used for security work attacked a person. 'Force' is broad: it includes

• Physical restraints — taking hold of a subject, guiding them by the arm, applying handcuffs (where the guard is authorized and AST-certified),
• Strikes — any deliberate physical contact intended to control or stop a subject,
• Weapons — baton, pepper spray, or any other authorized weapon,
• Dog attacks — where a guard dog is deployed and bites or threatens a subject.

The report must be completed before the end of the shift on which the force was used. A guard who 'writes it up tomorrow' is already in breach of the Regulation. Late or missing reports are grounds for licence suspension or cancellation and can convert an otherwise lawful use of force into a regulatory violation.

What a Use-of-Force Report Must Include

A complete use-of-force report answers six questions. Use the checklist below as you write.

Use-of-Force Report Checklist

• Subject — full name, date of birth, descriptors; if unknown, the best descriptors you observed.
• Justification — the facts that made force necessary and reasonable under Criminal Code ss.34/35 (what threat was present, what lesser options were tried, why force was the last resort).
• Force used — the specific technique (e.g., 'one-handed escort hold to the upper right arm', 'two strikes with an open palm to the thigh'), not a label ('soft empty-hand control').
• Duration — how long the force was applied (e.g., 'maintained hold for approximately 10 seconds, then released').
• Injuries — to the subject, to the guard, to third parties; what first aid was given; whether EMS was called.
• Witnesses — names and contact information for anyone who saw the incident.
• Photographs — of the subject's injuries, the guard's injuries, the scene, and any weapon used (or 'photographs attempted but subject refused' where applicable).
• Police involvement — whether police were called, badge number and file number of attending members.
• Subject's statement — any direct quote from the subject about the force or the incident, in quotation marks.

Evidence and Continuity of Evidence

Evidence is anything that tends to prove or disprove a fact in issue. At a security scene, evidence may include a weapon, a stolen item, a bloodstain, a torn piece of clothing, CCTV footage, or the scene itself. Continuity of evidence (sometimes called the chain of custody) is the unbroken documented record of who had possession of an item from the moment it was seized to the moment it is tendered in court. A break in continuity can render evidence inadmissible.

Evidence-Handling Rules for Guards

A guard's role is to preserve evidence for police, not to investigate. Follow these rules:

1. Secure the scene. Prevent bystanders, the subject, and other guards from walking through or touching items. Cordon off the area if you can.
2. Do not contaminate. Do not touch items with bare hands; do not move a weapon unless it poses an immediate safety risk. If you must move something, photograph it in place first.
3. Do not clean up. Blood, broken glass, a knocked-over display — all of it is evidence. Leave it for police unless there is a safety or medical emergency.
4. Document each item. Record what it is, where it was found, by whom, and at what time. Photograph items in place before they are moved.
5. Maintain continuity. If you take an item into your possession (e.g., a knife for safety), record that you took it, the time, and where you put it. Hand it directly to the first police member on scene and record their name and badge number. Do not set it down and walk away.
6. Turn evidence over to police. Hand items to the attending police member; note the time and the member's name and badge number. Do not take evidence home or to the office unless your employer's policy requires it.
7. Preserve CCTV. Request that site control preserve and export the relevant camera footage; note the camera numbers, the time of the request, and who you spoke to. Footage is often overwritten on a 24–72 hour loop — a delay can destroy it.

graph LR
    A["Secure scene"] --> B["Do not contaminate"]
    B --> C["Photograph items in place"]
    C --> D["Document each item + time"]
    D --> E["Maintain continuity: record each transfer"]
    E --> F["Hand to police; note member name + badge #"]
    F --> G["Unbroken chain to court — evidence admissible"]

The Notebook — Contemporaneous, Permanent, Errors Crossed Not Erased

The notebook is the raw, contemporaneous record from which the formal report is built. The BST exam tests several notebook rules:

• Contemporaneous — entries are made at the time of the observation, not reconstructed later.
• Permanent — use a bound notebook with numbered pages; no loose sheets, no pencil, no pages torn out.
• Errors are crossed, not erased. If you write the wrong time or name, draw a single line through the error, initial it, and write the correction beside it. The original error must remain legible. Erasing, overwriting, or using correction fluid destroys the record's integrity and invites allegations of tampering.
• No blank spaces. Leave no gaps that could be filled in later; cross blank lines with a single line.
• Signed and dated. Each page should be initialled; the notebook should be identifiable to the guard.

A notebook that follows these rules is the guard's strongest evidence. One that has erasures, torn pages, or blank spaces is a defence lawyer's easiest target.

How Reports Support or Undermine a Lawful-Arrest / Force Claim

A guard's authority to arrest comes from the Criminal Code (e.g., s.494 for find-committing and fresh pursuit) and the guard's authority to use force from ss.34/35. Whether that authority was lawfully exercised is almost always decided by reading the guard's report. Consider two scenarios:

The force was the same in both. The difference is the record. A tribunal or court does not re-live the event; it reads the report. A missing or conclusory report can defeat an otherwise lawful use of force, while a clear, prompt, factual report can defend it.

Connecting to BC Guard Scenarios

• Retail apprehension in Burnaby: you observe a male conceal a $60 jacket, stop him at the door, and apply an escort hold when he pulls away. Your use-of-force report records the find-committing, the pull-away, the single hold, the duration, no injuries, and the VPD file. If he later complains you used excessive force, the report is your defence.
• Bar ejection in Victoria: a patron shoves you; you strike once with an open palm to create distance. Your use-of-force report records the shove, the strike, the distance created, the witness (door staff), and the photograph of your reddened shoulder. Without the report, it is your word against his.
• Dog team in Kamloops: your dog bites a subject during an apprehension. The use-of-force report must cover the dog's deployment, the bite, the subject's injury, first aid given, and the handover to RCMP.

Takeaways

• A use-of-force report is mandatory as a licence condition under SPD policy 3.7.2.1; the policy sets no deadline, but employer policy and evidentiary weight both point to before the shift ends.
• Include subject, justification, force used, injuries, witnesses, photos, and police involvement.
• Preserve evidence: secure the scene, do not contaminate, document each item, hand to police with an unbroken chain.
• The notebook is permanent — cross out errors with a single line, initial, and correct; never erase or tear pages.
• A clear report supports a lawful force claim; a missing or late report can undermine it.