JUSTICE PROTECTION ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

The Justice Protection Programme

   3   Establishment of Justice Protection Programme and Agencies

 

The Administrative Centre

   4   Functions of Administrative Centre

   5   Cases to be considered for protection

   6   Disclosure of certain information to Administrative Centre

   7   Conditions for inclusion of prospective participant in Programme

 

The Commissioner of Police

   8   Functions of Commissioner

 

The Director of Public Prosecutions

   9   Director of Public Prosecutions to submit application

 

Agreement

   10   Agreement

 

Register of Participants

   11   Register of participants

   12   Access to register

 

Protection under the Justice Protection Programme

   13   Action re participant

   14   Participant's rights and obligations

   15   Non-disclosure of former identity

   16   Cessation of protection or assistance

   17   Restoration of former identity

   18   Provision of information to an approved authority

 

Miscellaneous

   19   Protection from suit

   20   Offences

   21   Officers not required to disclose information

   22   Requirement where participant becomes witness in criminal proceedings

   23   Identity of participant not to be disclosed

   24   Annual reports to Board

   25   Regulations

   26   Preservation of informal arrangements

      SCHEDULES

 

THE JUSTICE PROTECTION ACT

[Date of Commencement: 4th August 2008]

Act 23 of 2001.

Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Justice Protection Act.

2   Interpretation

   In this Act-

   "Administrative Centre" or "Centre" means the Witness Protection Administration and Victim Support Unit in the Ministry of National Security and Justice;

   "Agreement" means the Agreement Establishing the Regional Justice Protection Programme, signed at Port of Spain on July 7, 1999;

   "approved authority" or "authority" means-

   (a)   the Attorney-General;

   (b)   the Director of Public Prosecutions;

   (c)   the Administrative Centre;

   (d)   the Commissioner of Police or any other member of the Jamaica Constabulary Force designated by him;

   (e)   such other person or body as the Minister may, from time to time, designate as an approved authority;

   "associate" means a person who, by virtue of his relationship or association with a participant or prospective participant, may be considered for protection or assistance or both under the Justice Protection Programme;

   "Contracting Party" means a Party to the Agreement;

   "Justice Protection Programme" or "Programme" means the Justice Protection Programme referred to in section 4;

   "participants" means witnesses, jurors, judicial officers, legal officers, law enforcement personnel or associates of such persons and any other persons to whom protection or assistance or both is given under the Justice Protection Programme;

   "risk assessment" means an evaluation of the risk or danger which a participant is likely to pose for the receiving community, having regard to the matters specified in paragraphs (a), (d) and (e) of the definition of "threat assessment" and any other factor considered relevant in a particular case;

   "threat assessment" means an evaluation of the danger to a prospective participant based on but not limited to information on-

   (a)   persons who are the subject of judicial or administrative proceedings concerning the case in relation to which the prospective participant has given evidence or is required to give evidence;

   (b)   any criminal organisation interested in the relevant proceedings;

   (c)   the nature of the threat to the prospective participant;

   (d)   the names and other identifying data of all persons who are likely to pose a danger to the prospective participant;

   (e)   where appropriate, the prospective partipant's association with persons referred to in paragraph (a) or his involvement in the illegal activity giving rise to the proceedings referred to in that paragraph;

   (f)   the immediacy of the threat;

   "witness" means a person who has given, is obliged to give or has agreed to give a statement or evidence or both-

   (a)   in relation to a crime that has been committed or in respect of which there are reasonable grounds to believe will be committed;

   (b)   to an approved authority in relation to a crime that has been committed or in respect of which there are reasonable grounds to believe will be committed;

   (c)   in a criminal trial; or

   (d)   in any civil proceedings.

The Justice Protection Programme (section 3)

3   Establishment of Justice Protection Programme and Agencies

   (1) The Minister shall establish a programme to be known as the Justice Protection Programme, for the purpose of providing to participants, subject to this Act, protection or assistance or both.

   (2) The Minister may enter into a reciprocal arrangement with the government of a Contracting Party or any other country in order to enable a participant in that Contracting Party or other country, to be provided, subject to this Act, with protection or assistance or both.

The Administrative Centre (sections 4-7)

4   Functions of Administrative Centre

   (1) Subject to this Act, the Administrative Centre shall develop, manage and maintain the Justice Protection Programme and shall be responsible for deciding whether a prospective participant is to be afforded protection or assistance or both under the Programme.

   (2) In performing its functions under this Act, the Centre shall-

   (a)   liaise with-

         (i)   other approved authorities and with Administrative Centres of other Contracting Parties; and

         (ii)   relevant authorities of other countries;

   (b)   determine the participants in the Justice Protection Programme;

   (c)   determine after consultation with the Commissioner of Police and the Director of Public Prosecutions, the level and duration of protection or assistance for a prospective participant, based on the assessments referred to in subsection (3);

   (d)   obtain such information as may be required to determine-

         (i)   the financial implications of admitting the prospective participant to the Programme; and

         (ii)   the actual or potential civil and criminal liability of the prospective participant;

   (e)   require the prospective participant to conclude an agreement with the Centre, detailing the terms and conditions of his participation in the Programme;

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