Justice Protection Act 2010
FA E R
N
AT F
TQUO U
BERMUDA
JUSTICE PROTECTION ACT 2010
2010 : 49
TABLE OF CONTENTS
PART 1
PRELIMINARY
Citation
Interpretation
PART 2
THE JUSTICE PROTECTION PROGRAMME
Establishment of Justice Protection Programme
Justice Protection Administrative Centre
Crown Counsel to submit application
Cases to be considered for protection
Disclosure of certain information to Centre
Inclusion of prospective participant in Programme
Justice Protection Investigative and Protective Agency (“JPIP Agency”)
Memorandum of Understanding with participant
Agreement with designated and other territories
Register of participants
Access to register
PART 3
PROTECTION UNDER THE JUSTICE PROTECTION PROGRAMME
Rights and obligations
Non-disclosure of former identity
Termination of protection and assistance
Restoration of former identity
Provision of information to an approved authority
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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JUSTICE PROTECTION ACT 2010
PART 4
MISCELLANEOUS
External enforcement of Programme
Officers protected from suit
Offences
Officers not required to disclose information
Requirement where participant becomes a witness in criminal proceedings
Identity of participant not to be disclosed
Annual reports
Regulations and orders
Designation of approved authorities
Amendment of Schedules
Consolidated fund
Commencement
SCHEDULE 1
Prospective participants in the Justice Protection Programme
SCHEDULE 2
Offences which may give rise to protection under the Justice Protection
Programme
SCHEDULE 3
Contents of Memorandum of Understanding
SCHEDULE 4
Territories which may participate in the Justice Protection Programme
SCHEDULE 5
Justice Protection Programme Certificate
WHEREAS it is expedient to uphold the integrity of the justice system by making
provision to protect witnesses and certain other persons;
Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:
PART 1
PRELIMINARY
Citation
This Act may be cited as the Justice Protection Act 2010.
Interpretation
In this Act—
19
20
21
22
23
24
25
26
27
28
29
30
1
2
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JUSTICE PROTECTION ACT 2010
“ancillary documents” means the documents referred to in section 12(4);
“approved authority” or "authority" means—
the Director;
the Centre;
the Commissioner of Police; or
any other person or body that the Minister may under section 27 designate
as an approved authority for the purposes of this Act;
“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;
“Commissioner of Police” or "Commissioner" means the Commissioner of Police
appointed under the Police Act 1974;
“Crown Counsel” means a person holding public office as such in the office of the
DPP or the Attorney General’s Chambers, and any other person, instructed by
or on behalf of the DPP or Attorney General to appear for the DPP or Attorney
General in any criminal or civil cause or matter;
“designated territory” means a territory designated as such under section 19(a);
“Director” means the officer appointed as the Director of the Centre under section
4(1)(a);
“DPP” means the Director of Public Prosecutions;
“Minister” means the Minister responsible for Justice;
“Justice Protection Administrative Centre” or "Centre" means the unit established
under section 3(2)(a);
“Justice Protection Investigative and Protective Agency” or "JPIP Agency" means the
unit established under section 3(2)(b);
“Justice Protection Programme” or "Programme" means the Justice Protection
Programme established under section 3(1);
“Memorandum of Understanding” means a memorandum referred to in section
10(1) and includes any protocol, addendum or document that supplements or
is scheduled to any such memorandum;
“participants” means persons specified in or designated pursuant to Schedule 1;
“Police Service” means the Bermuda Police Service established by the Police Act
1974;
“register” means the register of participants maintained by the Centre pursuant to
section 12;
(a)
(b)
(c)
(d)
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JUSTICE PROTECTION ACT 2010
“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 (b), (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—
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;
any criminal organisation interested in the relevant proceedings;
the nature of the threat to the prospective participant;
the names and other identifying data of all persons who are likely to pose
a danger to the prospective participant;
where appropriate, the prospective participant'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; and
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—
in relation to a crime that has been committed or in respect of which there
are reasonable grounds to believe has been committed or will be
committed;
to an approved authority in relation to a crime that has been committed or
in respect of which there are reasonable grounds to believe has been
committed or will be committed;
in any criminal proceedings; or
in any civil proceedings.
PART 2
THE JUSTICE PROTECTION PROGRAMME
Establishment of Justice Protection Programme
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.
For the purposes of administering the Programme, the following units are
established—
in the Office of the DPP, a Justice Protection Administrative Centre;
(a)
(b)
(c)
(d)
(e)
(f)
(a)
(b)
(c)
(d)
3 (1)
(2)
(a)
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JUSTICE PROTECTION ACT 2010
in the Police Service, a Justice Protection Investigative and Protective
Agency (“JPIP Agency”).
Justice Protection Administrative Centre
The Minister shall appoint the following persons as officers of the Justice
Protection Administrative Centre —
a person holding public office in the Office of the DPP, who shall be
appointed as the Director of the Centre; and
such other persons holding public office as the Minister in consultation
with the DPP may consider necessary to provide services to the Centre.
Subject to this Act, the Centre shall develop, manage and administer the
Programme and shall, subject to any designation under Schedule 1, be responsible for
deciding whether a prospective participant is to be afforded protection or assistance or both
under the Programme.
In performing its functions under this Act, the Centre shall—
liaise with appropriate overseas authorities within designated territories;
liaise, where necessary, with appropriate overseas authorities other than
those within designated territories;
subject to any designation under Schedule 1, determine the participants
in the Programme;
determine, after consultation with the JPIP Agency and the DPP, the level
and duration of protection or assistance for a prospective participant,
based on the assessments referred to in subsection (4);
obtain such information as may be required to determine—
the financial implications of admitting the prospective participant to the
Programme; and
the actual or potential civil and criminal liability of the prospective
participant;
require the prospective participant to conclude a Memorandum of
Understanding with the Centre, detailing the terms and conditions of his
participation in the Programme;
arrange for the provision of safe-houses only on the written
recommendations of the JPIP Agency on the basis of threat assessments
and risk assessments;
develop guidelines for the effective operation of the Programme;
establish budgetary requirements of the Programme;
make payments in connection with the protection and assistance provided
under this Act;
(b)
4 (1)
(a)
(b)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
(f)
(g)
(h)
(i)
(j)
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JUSTICE PROTECTION ACT 2010
take cognisance of the high cost and complexity of providing adequate
protection for participants; and
co-ordinate and relay to appropriate authorities in designated territories,
relevant information on threat and risk assessments and other related
matters.
In the performance of its functions in accordance with subsection (3)(d), the
Centre shall make a determination on the basis of written assessments received from—
a Crown Counsel; and
the JPIP Agency;
but the Centre may, in a case of emergency, arrange for provisional entry into the
Programme by a prospective participant prior to any such determination.
The Centre shall, in deciding whether to include a prospective participant in
the Programme, have regard to—
any criminal record of the prospective participant, particularly in respect
of crimes of violence, and whether that record indicates a risk to the public
if he is included in the Programme;
the results of any medical, psychological or psychiatric examination or
evaluation of the prospective participant conducted to determine his
suitability for inclusion in the Programme;
the seriousness of the offence to which any relevant evidence or statement
relates;
the nature and importance of any relevant evidence or statement;
whether there are viable alternative methods of protecting or assisting the
prospective participant;
the nature of the perceived danger to the prospective participant;
the nature of the prospective participant's relationship with other
prospective participants being assessed for inclusion in the Programme;
the expected duration of the protection or assistance to be provided; and
any other matters that the Centre considers relevant.
Action which may be taken by the Centre to facilitate the safety and security
of participants may include the following—
providing any documents necessary —
to establish a new identity for the participant; or
to protect the participant;
(k)
(l)
(4)
(a)
(b)
(5)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(6)
(a)
(i)
(ii)
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JUSTICE PROTECTION ACT 2010
permitting a participant to use an assumed name in carrying out his duties
in relation to the Programme and to carry documentation supporting the
assumed name;
providing payments to or for the participant for the purpose of —
meeting his reasonable living expenses including, where appropriate
living expenses of his family;
providing, whether directly or indirectly, other reasonable financial
assistance;
providing payments to the participant for the purpose of meeting costs
associated with relocation;
providing assistance to the participant in obtaining employment, access to
education and health care; and
providing other assistance to the participant with a view to ensuring that
the participant becomes self-sustaining.
The Centre shall exercise its functions under this or any other enactment
acting alone or through a person designated by the Centre to act on its behalf, and shall be
deemed to act in an administrative capacity.
Subject to this Act, the Centre has power to do all things necessary or
convenient to be done for or in connection with the performance of its functions under this
or any other statute.
The Minister may make regulations governing the procedure of the Centre but,
subject to any such regulations and to subsection (1), the Centre shall have power to
regulate its own procedure.
Crown Counsel to submit application
In relation to any matter, a Crown Counsel shall, where satisfied that the
circumstances so warrant, prepare and submit an application in the prescribed form to the
Centre for a prospective applicant's entry into the Programme.
An application referred to in subsection (1) shall be made after the Crown
Counsel has—
in the case of a prospective participant who is likely to be a witness, formed
the opinion that—
the testimony of the prospective participant is credible and essential;
and
the prospective participant can be relied upon to give the testimony; or
formed the opinion that a witness or his associate, is in need of protection
or assistance or both,
and, in either case, consulted the DPP.
(b)
(c)
(i)
(ii)
(d)
(e)
(f)
(7)
(8)
(9)
5 (1)
(2)
(a)
(i)
(ii)
(b)
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JUSTICE PROTECTION ACT 2010
An application under this section shall be accompanied by detailed information
on —
the significance of the case;
the prospective defendant; and
the testimony of the prospective participant.
Cases to be considered for protection
The Centre may offer, in relation to a participant, protection or assistance or both
under the Programme in respect of—
criminal proceedings for the offences set out in Schedule 2; and
such civil proceedings as it thinks necessary.
Disclosure of certain information to Centre
Notwithstanding section 4(4), the Centre shall not include a prospective
participant in the Programme unless—
it is satisfied that the person has provided the Centre with the information
required of him under subsection (2); and
it receives such other information as may be required in the case or under
this Act.
A prospective participant shall in relation to the following matters wherever
arising disclose to the Centre—
details of all of his outstanding legal obligations;
details of all of his outstanding debts;
details of his criminal history;
details of any civil proceedings that have been instituted by or against him;
details as to whether he is prevented from entering any jurisdiction (as a
result of a criminal conviction, court order or otherwise);
details of—
any cash balances in bank accounts; and
property, real or personal, held by him in his own name or jointly or
severally with any other person;
whether any of his property, real or personal, is liable to forfeiture or
confiscation under any enactment;
details of any activity in which he is involved that may yield him a monetary
return;
details of receivables and all sources of income;
(3)
(a)
(b)
(c)
6
(a)
(b)
7 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(i)
(ii)
(g)
(h)
(i)
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JUSTICE PROTECTION ACT 2010
details of his general medical condition;
details of any dependants and related obligations;
details of any court order relating to sentences imposed on him or to which
he is subject in relation to criminal prosecutions;
details of any relevant court orders or arrangements relating to his custody
of, or access to, children; and
details of any arrangements that he has made for—
the service of documents on him;
representation in proceedings in any court;
enforcement of judgments in his favour; or
compliance with the enforcement of judgments against him.
The Centre shall make such other inquiries and investigations, as it considers
necessary for the purpose of assessing whether the prospective participant should be
included in the Programme.
Inclusion of prospective participant in Programme
The Centre shall not include a prospective participant in the Programme unless—
subject to section 5, he applies to be included in the Programme on a form
issued by the Centre for that purpose;
the Centre is satisfied that he understands the implications of being
included in the Programme; and
he understands and signs a Memorandum of Understanding in accordance
with the provisions of this Act, or if he is under eighteen years of age or
otherwise lacks legal capacity to sign the Memorandum—
it is signed by a parent or guardian; or
if there is no such parent or guardian, it is signed by a person appointed
by the magistrates’ court to be his guardian.
Justice Protection Investigative and Protective Agency (“JPIP Agency”)
The Minister shall appoint the following persons as officers of the JPIP
Agency—
the Commissioner; and
such other persons holding office in the Police Service as the Minister in
consultation with the Commissioner may consider necessary to provide
services to the JPIP Agency.
In relation to the possible inclusion of a prospective participant in the
Programme, the JPIP Agency—
(j)
(k)
(l)
(m)
(n)
(i)
(ii)
(iii)
(iv)
(3)
8
(a)
(b)
(c)
(i)
(ii)
9 (1)
(a)
(b)
(2)
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JUSTICE PROTECTION ACT 2010
shall conduct investigations and submit to the Centre the participant’s
application form, accompanied by the following documents prepared by the
JPIP Agency—
an assessment of the application;
a threat assessment, including a prison report where the prospective
participant is in prison; and
a risk assessment;
shall provide protection for the prospective participant in the period prior
to the determination referred to in section 4(4); and
may, in a case of an emergency, apply to the Centre for provisional entry
into the Programme by the prospective participant prior to the
determination referred to in paragraph (b).
For the purposes of this Act, the JPIP Agency shall—
prepare and submit a report to the Centre on the suitability of a prospective
participant for entry into the Programme and for that purpose—
shall interview a prospective participant with a view to establishing his
suitability for entry into the Programme;
shall examine the threat assessments and risk assessments submitted
to the Centre pursuant to subsection (2)(a); and
may require a prospective participant or a participant, as the case may
be, to undergo, for the purpose of determining his physical and mental
health, medical tests or examinations and psychological or psychiatric
evaluations and to authorise the results to be made available to the
JPIP Agency;
protect participants and persons accorded provisional entry pursuant to
subsection (2)(c);
assist with the relocation of participants where necessary; and
carry out periodic reviews of threat assessments and risk assessments.
The JPIP Agency shall exercise its functions under this or any other Act acting
alone or through a person designated by the JPIP Agency to act on its behalf, and shall be
deemed to act in an administrative capacity.
Subject to this Act, the JPIP Agency has power to do all things necessary or
convenient to be done for or in connection with the performance of its functions under this
or any other Act.
The Minister may make regulations governing the procedure of the JPIP Agency
but, subject to any such regulations and to subsection (1), the JPIP Agency shall have power
to regulate its own procedure.
(a)
(i)
(ii)
(iii)
(b)
(c)
(3)
(a)
(i)
(ii)
(iii)
(b)
(c)
(d)
(4)
(5)
(6)
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JUSTICE PROTECTION ACT 2010
Memorandum of Understanding with participant
The Centre shall prepare a Memorandum of Understanding which shall contain
the matters set out in Schedule 3.
The Centre may, where it considers necessary in a particular case, include any
other matter in the Memorandum of Understanding.
The Memorandum of Understanding shall be signed—
by the prospective participant; or
where the circumstances so require, by the person referred to in section
8(c),
in the presence of two witnesses, one of whom may be the participant's attorney.
A prospective participant is included in the Programme when the Memorandum
of Understanding is countersigned by the person authorised by the DPP for that purpose.
The Centre may, after consultation with the DPP, vary the Memorandum of
Understanding —
with the consent of the participant; or
upon application by the participant for a variation.
Any such variation shall take effect on the day on which the participant receives
written notice thereof.
Where a participant remains in the Programme upon attaining the age of
eighteen years, the Centre shall require him to sign a Memorandum of Understanding on
his own behalf upon his attaining that age.
Agreement with designated and other territories
If a memorandum of agreement is executed between Bermuda and any of the
designated territories with a view to giving effect to the purposes of this Act—
it shall form the basis of co-operation between Bermuda and the
designated territory in relation to the objectives outlined in the agreement;
and
this Act shall apply in the implementation of such agreement or other
arrangement with such modification as may, by an order made by the
Minister, be considered necessary or expedient.
Subsection (3) and section 28(2) apply where, in any exceptional circumstance,
it is considered expedient for Bermuda to enter into a memorandum of agreement or any
other scheme of arrangement with a country or territory that is not a designated territory,
for the purposes of—
receiving assistance from or rendering assistance to that country or
territory in relation to the location of a participant;
10 (1)
(2)
(3)
(a)
(b)
(4)
(5)
(a)
(b)
(6)
(7)
11 (1)
(a)
(b)
(2)
(a)
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JUSTICE PROTECTION ACT 2010
establishing a system of co-operation for the treatment and security of a
participant of Bermuda; or
exchanging such information as may be necessary for the administration
of justice in Bermuda as it relates to any specified witness.
This Act shall apply in the implementation of any memorandum of agreement
or other scheme of arrangement entered into pursuant to subsection (2) with such
modification as may, by an order made by the Minister, be considered necessary or
expedient.
Register of participants
The Centre shall maintain a register of participants which shall be accorded a
security classification not below "Top Secret".
The Centre shall include in the register, the following details in respect of each
participant—
the participant's name and any assumed names;
the participant's new name where he has been provided with a new identity
under the Programme;
the participant's address;
details of any offences for which the participant has been convicted;
the dates on which the participant entered and left the Programme;
the matter giving rise to the participant's entry into the Programme; and
details of any approval or refusal pursuant to section 15(1).
The Centre shall keep the following ancillary documents along with the
register—
the original of each Memorandum of Understanding;
in respect of new identities, copies of each new document issued under the
Programme;
the original of each approval granted by the Centre pursuant to section
16(1);
any documents returned to the Centre pursuant to section 17(6); and
such other documents as the Director may direct to be kept.
Access to register
The Centre shall be the only approved authority that shall have access to the
register and to the ancillary documents.
(b)
(c)
(3)
12 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(a)
(b)
(c)
(d)
(e)
13 (1)
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JUSTICE PROTECTION ACT 2010
But the Centre may, if it is of the opinion that it is in the interests of the due
administration of justice to do so, allow another approved authority to have access to the
register and the ancillary documents.
Where the Centre allows an approved authority access to the register and the
ancillary documents, the Centre shall notify the other approved authorities of—
the identity of the authority to whom the access was allowed;
the information to which the authority was allowed access;
the reasons for allowing access; and
the date and time of such access.
PART 3
PROTECTION UNDER THE JUSTICE PROTECTION PROGRAMME
Rights and obligations
Where a participant is entitled to exercise a right, is under an obligation or is
subject to any restriction, the appropriate approved authority shall take such steps as are
reasonably practicable to ensure that—
the right or obligation is dealt with according to law; and
the participant complies with the restriction.
The steps referred to in subsection (1) may include—
providing protection for the participant while the participant is attending
court; and
notifying a party or possible party to legal proceedings, that the authority
shall accept process issued by a court or tribunal on behalf of the
participant, and nominating one of its officers for the purpose.
Where the authority is satisfied that a participant who has been provided with
a new identity under the Programme is using the new identity to—
avoid obligations that were incurred before the new identity was
established; or
avoid complying with restrictions that were imposed on the participant
before the new identity was established,
the authority shall give notice in writing to the participant stating that unless he satisfies
the authority that the obligations are dealt with according to law or the restriction is
complied with, the authority shall take such action as it considers necessary to ensure
performance of the obligations or compliance with the restrictions.
(2)
(3)
(a)
(b)
(c)
(d)
14 (1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
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JUSTICE PROTECTION ACT 2010
The action referred to in subsection (3) may include informing a person who is
seeking to enforce rights against the participant, of the details of any property, real or
personal, owned by the participant under his former identity.
Non-disclosure of former identity
A participant who has been provided with a new identity under the Programme
shall not identify or disclose his former identity unless he has obtained the prior written
approval of the Centre.
Notwithstanding subsection (1) and any other enactment, the participant shall
in any proceedings, be entitled to claim that his new identity is his only identity.
In this section, "participant" includes a person who is no longer participating
in the Programme but retains his new identity.
Termination of protection and assistance
Protection or assistance provided under the Programme to a participant shall
be terminated by the Centre if the participant requests in writing that it be terminated.
Protection or assistance provided under the Programme to a participant may
be terminated by the Centre if—
the participant deliberately breaches a term of the Memorandum of
Understanding;
the Centre discovers that the participant had knowingly given information
to the Centre that was false or misleading in a material particular;
the participant’s conduct is, in the opinion of the Centre, likely to
compromise the integrity of the Programme;
the circumstances that gave rise to the need for protection or assistance
for the participant cease to exist;
the participant deliberately breaches an undertaking, including an
undertaking to give evidence, in relation to a matter, material to the
Programme;
the participant refuses or fails to sign a new Memorandum of
Understanding when required to do so under section 10(7); or
there is, in the opinion of the Centre, no reasonable justification for the
participant to remain in the Programme.
Where the Centre decides under subsection (2) to terminate protection or
assistance or both under the Programme, the Centre shall—
take reasonable steps to notify the participant of the decision; and
notify the other approved authorities of the decision.
A participant who receives such a notification may, within 28 days after
receiving the notice, apply in writing to the DPP for a review of the decision of the Centre.
(4)
15 (1)
(2)
(3)
16 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(a)
(b)
(4)
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JUSTICE PROTECTION ACT 2010
Where a participant applies for a review of the decision of the Centre, the DPP
shall—
allow the participant a reasonable opportunity to state his case; and
review the decision of the Centre and—
confirm or reverse it; or
vary it with the consent of the participant,
and inform the participant in writing of the decision.
The decision of the DPP shall be final.
A decision of the Centre pursuant to subsection (2) to terminate protection or
assistance or both shall be effected as follows—
where the participant's whereabouts are unknown and the Centre has
taken reasonable steps to notify the participant of the decision but has
been unable to do so or where, in the opinion of the DPP, the participant
is avoiding notification, the protection shall be terminated at the end of the
period of 28 days after those steps were commenced;
where the participant does not apply for a review of the decision in
accordance with subsection (4), termination shall take effect at the end of
the period of 28 days after the participant receives the notification; or
if the participant applies for a review of the decision in accordance with
subsection (4) and the DPP notifies the participant that the decision of the
Centre is confirmed, termination shall take effect from the date of receipt
of the notification.
Restoration of former identity
Where a participant has been provided with a new identity under the
Programme and protection or assistance to the participant is terminated, the Centre may,
if it considers it appropriate to do so, take such action as is necessary to restore the former
participant's previous identity.
The Centre shall take reasonable steps to notify the former participant of its
decision under subsection (1).
Where the Centre decides to take action to restore the identity of the former
participant, he may, within 28 days after receiving the notification, apply in writing to the
DPP for a review of the decision of the Centre.
Where an application is made, the DPP shall—
before making a decision, give the former participant a reasonable
opportunity to state his case; and
review the decision of the Centre and vary, confirm or reverse it, and inform
the former participant, in writing, of the decision.
(5)
(a)
(b)
(i)
(ii)
(6)
(7)
(a)
(b)
(c)
17 (1)
(2)
(3)
(4)
(a)
(b)
15
JUSTICE PROTECTION ACT 2010
The decision of the DPP shall be final.
Where the Centre takes action under this section to restore the identity of the
former participant and the Centre requests the return of all documents that were provided
in relation to the new identity, the former participant shall return those documents to the
Centre within seven days after receiving the request.
Provision of information to an approved authority
Subsection (2) applies where another approved authority notifies the Centre
that a participant who has been provided with a new identity or has been relocated, is under
investigation for, or has been arrested or charged with an offence, the maximum penalty
for which is or includes imprisonment for a period of more than one year.
The Centre may —
provide the appropriate approved authority with —
the participant's new identity;
the participant's criminal record and fingerprints; and
such other information relating to the Programme as the Centre
considers appropriate in the circumstances; and
cause the participant to appear before the appropriate authority.
PART 4
MISCELLANEOUS
External enforcement of Programme
Without prejudice to any agreement or arrangement entered into pursuant to
section 11, the Minister may, by order—
designate any territory specified in Schedule 4 as a territory to which this
Act applies for the purposes of the relocation of participants under the
Programme;
specify appropriate overseas authorities within designated territories that
are to give effect to the provisions of this Act in relation to the relocation of
participants under the Programme to designated territories; and
specify, in respect of designated territories, the steps that need to be taken
there for the purposes of the relocation of participants under the
Programme to designated territories.
Officers protected from suit
Officers of the Centre and the JPIP Agency performing functions in relation to the
Programme shall not be liable to any action, suit or other proceedings in respect of an act
done or omitted to be done in good faith in the exercise or purported exercise of a power
conferred by this Act.
(5)
(6)
18 (1)
(2)
(a)
(i)
(ii)
(iii)
(b)
19
(a)
(b)
(c)
20
16
JUSTICE PROTECTION ACT 2010
Offences
A person commits an offence if, without lawful authority, he discloses
information—
about the identity or location of a person who is or has been a participant;
or
that compromises the safety or security of a participant or the integrity of
the Programme.
A person who is or has been a participant, or a person who has undergone
assessment for inclusion in the Programme, commits an offence if, without being authorised
by the Centre, he discloses—
the fact of such participation or assessment;
information as to the way in which the Programme operates;
information about any officer of the Centre who is or has been involved in
the Programme;
the fact that he has signed a Memorandum of Understanding; or
any details of a Memorandum of Understanding that he has signed.
A person commits an offence—
if he offers any bribe, gratification or other inducement to any person
employed in the administration of this Act, for the purpose of obtaining
information which could prejudice the safety or security of a participant or
the integrity of the Programme; or
being a person employed in the administration of this Act, if he accepts any
bribe, gratification or other inducement in exchange for the information
referred to in paragraph (a).
A person who commits an offence under subsection (1), (2) or (3) is liable —
on summary conviction to a fine of $50,000 or to imprisonment for a term
of ten years, or both; and
on conviction on indictment, to a fine of $100,000 or to imprisonment for
a term of fifteen years, or both.
A person who, without reasonable excuse, fails to return the documents
referred to in section 17(6) in accordance with that section, commits an offence and is
liable—
on summary conviction to a fine of $15,000 or to imprisonment for a term
of three years, or both; and
on conviction on indictment, to a fine of $25,000 or to imprisonment for a
term of five years, or to both.
21 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
(b)
(4)
(a)
(b)
(5)
(a)
(b)
17
JUSTICE PROTECTION ACT 2010
Officers not required to disclose information
Subject to subsection (2), no officer of the Centre or the JPIP Agency shall be
required to —
produce in any court or to another approved authority, any document that
has come into the custody or control of the Centre or the JPIP Agency in
the course of, or because of, the performance of functions or duties under
this Act; or
divulge, communicate or produce to or before such a body, any matter or
thing that has come to the notice of the officer in the performance of
functions or duties under this Act.
Subsection (1) does not apply where —
it is necessary to do any such thing for the purpose of carrying the
provisions of this Act into effect; or
a court, on an application, considers that it is necessary to do so in the
interests of justice, and that such production or disclosure is not likely to
adversely affect the intent and purposes of this Act, and orders accordingly.
Where a court makes an order under subsection (2)(b) for production or
disclosure, the DPP or a person aggrieved by the order may—
upon the making of the order, give oral notice; or
within seven days of the making of the order, give written notice,
of his intention to appeal against the order.
Where notice is given under subsection (3), the court shall stay the execution
of the order pending the outcome of the appeal.
Where, in the determination of legal proceedings it becomes necessary for the
judge or magistrate presiding to be advised of a person's participation in the Programme,
the DPP may issue a certificate in the form set out in Schedule 5.
A certificate issued under subsection (5) shall be conclusive evidence that the
person named therein is a participant in the Programme for any of the purposes of the legal
proceedings, and the judge or magistrate shall not disclose the fact of that person's
participation in the Programme otherwise than in accordance with this Act.
Requirement where participant becomes a witness in criminal proceedings
Where—
a person is provided with a new identity under the Programme;
the person retains that identity, whether or not he remains a participant;
and
the person is to appear as a witness in criminal proceedings under that
identity,
22 (1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
(4)
(5)
(6)
23 (1)
(a)
(b)
(c)
18
JUSTICE PROTECTION ACT 2010
the person shall notify the Centre that he is to appear as a witness in such proceedings.
After being notified under subsection (1), the Centre may take any action it
considers appropriate in the circumstances, except that where the person has a criminal
record, the Centre shall disclose that criminal record to the court, the DPP and the accused
person or the accused person's attorney.
Identity of participant not to be disclosed
If in any proceedings in any court, the new identity of a person who is a participant
is in issue or may be disclosed, the court shall, unless it considers that the interests of
justice require otherwise—
hold that part of the proceedings that relate to the identity of the
participant in camera; and
make such order restricting the publication of evidence given before the
court as in its opinion will ensure that the identity of the participant is not
disclosed.
Annual reports
Subject to subsection (2), the Centre shall submit to the Minister, annual
reports on the general operation, performance and effectiveness of the Programme.
A report under subsection (1) shall not contain any matter which in the opinion
of the Centre, is likely to prejudice the effectiveness or security of the Programme.
Regulations and orders
The Minister may make regulations prescribing all matters which are required
or permitted to be prescribed or necessary or convenient to be prescribed for carrying out
or giving effect to the provisions of this Act.
Without prejudice to the generality of subsection (1), the Minister may make
regulations —
respecting the establishment of identities of participants and any matters
relating thereto;
adopting such measures as are necessary and reasonable to secure the
safety, health and welfare of participants;
facilitating the relocation of participants within Bermuda and to and from
a designated territory pursuant to any agreement or scheme of
arrangement entered into pursuant to section 11;
providing for access by participants to their attorneys and vice versa; and
establishing a mechanism for the monitoring and reviewing of the
Programme.
Regulations made under this section are subject to the negative resolution
procedure.
(2)
24
(a)
(b)
25 (1)
(2)
26 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
19
JUSTICE PROTECTION ACT 2010
Orders made under this Act are subject to the negative resolution procedure.
Designation of approved authorities
The Minister may by order designate such person or body as the Minister sees fit
as an approved authority for the purposes of this Act.
Amendment of Schedules
The Minister may by order amend Schedule 1, 2, 3 or 5.
Notwithstanding section 19 and the definition of "designated territory" in
section 2, the Minister may by order amend Schedule 4 to include any other territory or
country, and any reference in this Act to a designated territory shall be construed as
including a reference to that other territory or country.
Consolidated fund
Any expenses incurred under this Act shall be paid out of the Consolidated Fund.
Commencement
This Act shall come into force on such date as the Minister may appoint by notice
in the Gazette.
(4)
27
28 (1)
(2)
29
30
20
JUSTICE PROTECTION ACT 2010
SCHEDULE 1
(section 2)
PROSPECTIVE PARTICIPANTS IN THE JUSTICE PROTECTION PROGRAMME
Witnesses and their associates
Any person designated in writing by the DPP
1.
2.
21
JUSTICE PROTECTION ACT 2010
SCHEDULE 2
(section 6)
OFFENCES WHICH MAY GIVE RISE TO PROTECTION UNDER THE JUSTICE
PROTECTION PROGRAMME
Arson, criminal damage to property, and related offences
Drug offences
Firearms and ammunition offences
Hijacking
Homicide, assaults endangering life and health, and other serious assaults
Money laundering offences
Offences against property
Offences against the administration of justice
Offences against the Crown and offences against public order
Offences involving domestic violence
Piracy
Sexual offences
Terrorism and related offences
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
22
JUSTICE PROTECTION ACT 2010
SCHEDULE 3
(section 10 )
CONTENTS OF MEMORANDUM OF UNDERSTANDING
1. The basis on which a prospective participant is to be included in the Programme.
2. The details of the protection or assistance that is to be provided.
3. The terms and conditions upon which protection or assistance shall be provided to
the prospective participant.
4. An undertaking that the participant will not compromise, directly or indirectly, the
security of, or any other aspect of, the protection or assistance, or both, being provided.
5. An undertaking that the participant will comply with all reasonable directions of
the Centre in relation to the protection or assistance, or both, provided to him.
6. An undertaking that the prospective participant or participant (as the case may be)
shall, if required to do so by the Centre—
(a) undergo medical tests or examinations and psychological or psychiatric
evaluations by medical officers approved by the Centre for those purposes;
and
(b) undergo drug or alcohol counselling or treatment,
and authorise that the results be made available to the Centre.
7. A list of all outstanding legal obligations, and a statement by the prospective
participant of the arrangements which have been made to meet those obligations.
8. A financial support arrangement.
9. An undertaking by the prospective participant to disclose to the Centre details of
any criminal charges that are made against him, and any civil or bankruptcy proceedings
that are instituted against him after his inclusion in the Programme.
10. A provision to the effect that protection or assistance under the Programme may
be terminated if the participant breaches a term of the Memorandum of Understanding.
23
JUSTICE PROTECTION ACT 2010
SCHEDULE 4
(section 19)
TERRITORIES WHICH MAY PARTICIPATE IN THE JUSTICE PROTECTION
PROGRAMME
Anguilla
British Virgin Islands
Cayman Islands
Montserrat
Turks and Caicos Islands
24
JUSTICE PROTECTION ACT 2010
SCHEDULE 5
(section 22)
JUSTICE PROTECTION PROGRAMME CERTIFICATE
SECTION 22(5) and (6) OF THE JUSTICE PROTECTION ACT 2010
For the purposes of section 22(5) and (6) of the Justice Protection Act 2010, the
Director of Public Prosecutions hereby certifies that—
__________________________________________ [name]
_________________________________ [date of birth]
of ___________________________________________[address]
is a participant in the Justice Protection Programme.
Dated this day of , 20
______________________________________________
[Director of Public Prosecutions]
NOTE: Under section 22(5) and (6) of the Justice Protection Act 2010, this
certificate is conclusive evidence in legal proceedings that the person named above is a
participant in the Justice Protection Programme.
[Assent Date: 09 August 2010]
[Operative Date: 04 February 2011]
25
