Justice Protection Act


Published: 2006-09-27

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Justice Protection Act
JUSTICE PROTECTION [CH.64A – 1





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 64A

JUSTICE PROTECTION


LIST OF AUTHORISED PAGES
1 - 24 LRO 1/2008



ARRANGEMENT OF SECTIONS

SECTION

PART I – PRELIMINARY

1. Short title.
2. Interpretation.

PART II

3. Corruption of witness preventing witness from attending court
etc.

4. Intimidating a witness an offence.
5. Prosecution of offences.
6. Insulting a participant in judicial proceedings.

PART III

7. Definitions in Part III.
8. Witness safety.
9. Establishment of Justice Protection Programme.
10. Administrative Centre.
11. Functions of Administrative Centre.
12. Cases to be considered for protection.
13. Disclosure of information to the Centre.
14. Consolidated Fund.

PART IV - WITNESS UNDERTAKING

15. Witness Undertaking.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

PART V - REGISTER OF PARTICIPANTS

16. Register of participants.
17. Access to register

PART VI - PROTECTION UNDER THE JUSTICE
PROTECTION PROGRAMME

18. Rights and obligations.
19. Identity issues.
20. Cessation of protection and assistance.
21. Restoration of former identity.
22. Provision of information to an approved authority.

PART VII - PRIVACY OF PROGRAMME AND
REGULATIONS

23. Officers protected from suit in respect of decisions made under
this Act.

24. Offences.
25. Officers not required to disclose information.
26. Requirement where participant becomes a witness in criminal

proceedings.
27. Identity of participant not to be disclosed.
28. Annual reports to other Centres.
29. Regulations.

FIRST SCHEDULE (Section 7) — CONTENTS OF WITNESS

UNDERTAKING
SECOND SCHEDULE (Section 12) — OFFENCES WHICH MAY

GIVE RISE TO PROTECTION UNDER THE JUSTICE
PROTECTION PROGRAMME



JUSTICE PROTECTION [CH.64A – 3





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 64A

JUSTICE PROTECTION

An Act to protect persons appearing as witnesses in
judicial proceedings by providing for their
participation in a programme designed for ensuring
their safety as would enable them to carry out their
civic duty as witnesses with confidence when there is a
threat to their safety or property arising from or
related to their carrying out of that duty and to provide
for matters incidental to judicial proceedings.

[Assent 3rd May, 2006]
[Commencement 27th September, 2006]

PART I – PRELIMINARY

1. This Act may be cited as the Justice
Protection Act.

2. In this Act —
“disciplined force” has the meaning assigned to it in

Article 31 of the Constitution and includes the
Customs Department and the Immigration
Department;

“judicial proceeding” includes —
(i) any civil or criminal trial;
(ii) proceedings under Parts V and X of the

Criminal Procedure Code Act;
(iii) an inquiry held under the Commissions of

Inquiry Act;
(iv) any inquiry or investigation held by a

judicial officer or member of a disciplined
force in pursuance of any duty or authority;
and

(v) any proceeding held pursuant to a statute by
a tribunal or body authorised by that statute
to summon persons to appear before it;

“Judicial Officer” has the same meaning as in section
6 of the Penal Code;

6 of 2006

S.I. 62/2006.

Short title.

Interpretation.

Ch. 91.

Ch. 191.

Ch. 84.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

“testimony” includes information to a member of a
disciplined force or to an investigator or member
of a Commission of Inquiry or person assisting in
the gathering of information to be used in a
judicial proceeding.

PART II

3. (1) Any person —
(a) who gives, confers or procures, or promises or

offers to give or confer, or to procure or attempt
to procure, any property or benefit of any kind to,
upon, or for, any person, under any agreement or
understanding that any person —
(i) called or to be called as a witness in any

judicial proceeding; or
(ii) interviewed or to be interviewed by a

member of a disciplined force,
shall give false testimony or withhold true
testimony,

(b) who attempts by any other means to induce a
person —
(i) called or to be called as a witness in any

judicial proceeding; or
(ii) interviewed or to be interviewed by a

member of a disciplined force,
to give false testimony; or

(c) who asks, receives or obtains, or agrees or
attempts to receive or obtain, any property or
benefit of any kind for himself or for any other
person under any agreement or understanding that
any person shall as a witness or in giving a
statement in any judicial proceeding give false
testimony or withhold true testimony,

is guilty of an offence.
(2) Any person —
(a) who gives, confers, or promises or offers to give

or confer, or to procure or attempt to procure, any
property or benefit of any kind to, upon, or for
any person, because such person gave false

Corruption of
witness
preventing
witness from
attending court
etc.

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testimony or withheld true testimony in a judicial
proceeding; or

(b) who asks, receives or obtains, or agrees or
attempts to receive or obtain, any property or
benefit of any kind for himself or for any person
because he has given false testimony or withheld
true testimony in a judicial proceeding,

is guilty of an offence.
(3) Any person who wilfully prevents or attempts to

prevent any person who has been duly summoned to attend
as a witness before any court or tribunal from attending as
a witness, or from producing anything in evidence pursuant
to the subpoena or summons, is guilty of an offence.

(4) Any person who having been duly summoned to
appear as a witness in any judicial proceedings takes
measures to evade or evades the service upon him of the
summons is guilty of an offence and shall be liable on
summary conviction to imprisonment for three years.

4. Any person who —
(a) threatens, intimidates or restrains;
(b) uses violence to or inflicts injury on;
(c) causes or procures violence, damage, loss or

disadvantage to; or
(d) causes or procures the punishment of, or loss of

employment of,

a person for or on account of his having appeared or being
about to appear —

(a) as a witness in a judicial proceeding; or
(b) before a member of a disciplined force to give

information,

is guilty of an offence.
5. Every person guilty of an offence under section 3

or 4 for which no other penalty is provided shall in respect
of each offence, be liable —

(a) on conviction on information to imprisonment for
ten years;

(b) on summary conviction to imprisonment for five
years.

Intimidating a
witness an
offence.

Prosecution of
offences.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

6. Any person who insults a person for or on
account of his having appeared or being about to appear —

(a) as a witness or attorney at law in a judicial
proceeding; or

(b) before a member of a disciplined force to give
information,

is guilty of an offence and shall be liable on summary
conviction to imprisonment for twelve months.

PART III

7. In this and following Parts —
“approved authority” means —

(i) the Attorney-General;
(ii) the Director of Public Prosecutions;
(iii) a disciplined force;
(iv) a Commission of Inquiry appointed under

the Commissions of Inquiry Act;
(v) the Centre;

“court” means the Supreme Court, or Magistrate’s
Court and includes a Commission of Inquiry or
statutory body empowered by statute to hear
testimony;

“the Minister” means the Minister assigned
responsibility for national security;

“the relevant period” in relation to a person who has
given a written statement in an investigation into
an offence or into a matter of public inquiry or
the subject of civil proceedings means the period
beginning with the date of the making of the
statement and ending at such time as is agreed
between the witness and the Attorney-General
and stipulated in the witness undertaking;

“Justice Protection Programme” or “programme”
means the Programme referred to in section 9;

“Administrative Centre” or “Centre” means that unit
constituted by the Minister within the Ministry
responsible for National Security for the purpose
of overseeing the Justice Protection Programme;

Insulting a
participant in
judicial
proceedings.

Definitions in
Part III.

Ch. 181.

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“witness” means a person who has given, is obliged to
give or has agreed to give a statement or evidence
or both, as the case may be —
(i) 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; or

(ii) in a criminal trial; or
(iii) in any civil proceedings;
(iv) to the duly authorised representative of a

Commission of Inquiry constituted under the
Commission of Inquiry Act or of a body
empowered by statute to conduct inquiries;

“witness undertaking” means a document signed by
the respective witness that contains those matters
set out in the First Schedule as are applicable to
the witness.

8. (1) Where the Attorney-General after consultation
with the Director of Public Prosecutions and the
Commissioner of Police determines that it would be in the
interest of the safety of a witness that measures be taken to
place the witness within an environment either within or
without The Bahamas for the purpose of ensuring that
safety and the attainment of the interest of justice during
the relevant period, the Attorney-General may, subject to
subsection (2) refer the matter to the Administrative Centre
to take such measures as it considers necessary for the
purpose of placing the witness in the Justice Protection
Programme.

(2) The Attorney-General shall ensure that prior to
the reference to the Administrative Centre the witness has
signed in the prescribed manner a written request for
measures to be taken to secure his safety and that any
measures to be taken are such that would enable
compliance with any directions that may subsequently be
given by a court.

9. (1) The Minister in consultation with the
Attorney-General shall establish a programme to be known
as the Justice Protection Programme for the purpose of
providing to participants in accordance with this Act,
protection and assistance.

Ch. 181.

Witness safety.

Establishment of
Justice Protection
Programme.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

(2) Without prejudice to subsection (3) and
notwithstanding anything to the contrary in this Act the
Minister responsible for Foreign Affairs in consultation
with the Minister may enter into —

(a) a reciprocal arrangement with the government of
a foreign jurisdiction to enable a witness who is
involved in activities of a law enforcement
agency in that jurisdiction to be admitted to the
programme;

(b) an arrangement with an international criminal
court or tribunal to enable a witness who is
involved in activities of that court or tribunal to
be admitted to the programme;

(c) any Memorandum of Understanding or
Agreement with representatives of a foreign state
for the purpose of the carrying out of the
programme.

(3) No person may be admitted to The Bahamas
pursuant to any such agreement or arrangement as is
mentioned in subsection (2) without the consent of the
Minister responsible for immigration nor admitted to the
programme without the consent of the Minister.

(4) Any person who is admitted from abroad into the
programme shall be required to enter into a witness
undertaking and the provisions of this Act regarding any
breach of terms and conditions pertaining to the
programme shall mutatis mutandis apply to that person as
they apply to a witness of an approved authority.

10. (1) The Minister shall establish within the
Ministry a unit to be known as the Administrative Centre
consisting of personnel of the Ministry and such other
public officers as the Minister considers necessary.

(2) The Minister may by Regulations provide for the
establishment of an Investigative Agency and a Protective
Agency to assist the Administrative Centre in the
admission, selection, processing and monitoring of persons
who are or may become participants of the Programme and
prescribe the functions of each agency to facilitate the
carrying out of the Programme.

11. (1) Subject to this Act, the Administrative Centre
shall develop, manage and maintain the Justice Protection
Programme and shall as far as reasonably practical give
effect to any reference made by the Attorney-General to it

Administrative
Centre.

Functions of
Administrative
Centre.

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under section 8(1) without prejudice to the Centre
requesting the Attorney-General to review the reference by
reason of any information which the Centre has acquired
after investigation.

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

(a) liaise with any approved authority and with
Administrative Centres of any foreign state;

(b) determine after consultation with the Director of
Public Prosecutions and the Commissioner of
Police the level and duration of protection or
assistance for a prospective participant based on
related threat and risk assessments;

(c) obtain from a prospective participant, 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;

(d) require if considered necessary the prospective
participant to undergo, for the purpose of
determining his physical and mental health —
(i) medical tests or examinations; and
(ii) psychological or psychiatric evaluations,
and authorise the results to be made available to
the Centre;

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

(f) arrange for the provisions of safe-houses;
(g) co-ordinate and relay to appropriate regional

authorities relevant information on threat and risk
assessments and other related matters;

(h) develop guidelines for the effective operation of
the national programme;

(i) establish budgetary requirements of the
Programme;

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

(j) make payments for the subsistence and other
requirements of participants;

(k) take cognizance of the high cost and complexity
of providing adequate protection for participants.

(3) The Administrative Centre shall, in deciding
whether to include a prospective participant in the
Programme, have regard to —

(a) 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;

(b) 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;

(c) the seriousness of the offence to which any
relevant evidence or statement relates;

(d) the nature and importance of any relevant
evidence or statement;

(e) whether there are viable alternative methods of
protecting the prospective participant;

(f) the nature of the perceived danger to the
prospective participant;

(g) the nature of the prospective participant’s
relationship with other prospective participants
being assessed for inclusion in the Programme;

(h) the expected duration of the protection or
assistance expended to be provided; and

(i) any other matters that the Centre considers
relevant.

12. (1) The Justice Protection Programme shall as
regards a criminal matter be only available to offer
protection or assistance or both to participants in —

(a) matters involving the offences set out in the
Second Schedule;

(b) any matter not being within paragraph (a) but
which the Minister, after consultation with the
Attorney-General and the Commissioner of
Police, considers having regard to its gravity and

Cases to be
considered for
protection.

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the public interest necessitates use of the
Programme.

(2) The Minister may by Order, after consultation
with the Attorney-General and the Commissioner of Police
amend the Second Schedule.

13. (1) Notwithstanding section 8(1) and subject to
subsection (2) the Administrative Centre shall not place a
prospective participant for inclusion in the Programme
unless it is satisfied that the person has provided the Centre
with all the information the Centre considers necessary for
deciding whether he should be included in the programme.

(2) In the performance of its functions in accordance
with section 11, the Centre shall not offer to include a
prospective participant in the Programme as an inducement
to give evidence or to make a statement in relation to any
matter being investigated by a member of a disciplined
force.

(3) Without limiting the generality of subsection (1) a
prospective participant shall disclose to the Centre —

(a) details of all of his outstanding legal obligations;
(b) details of all of his outstanding debts including

amounts outstanding in respect of any tax;
(c) details of his criminal history;
(d) details of any civil proceedings that have been

instituted by or against him;
(e) details of any cash balances in bank accounts and

property, real or personal, held anywhere by him
in his own name or jointly or severally with any
other person or persons as the case may be;

(f) whether any of his property, real or personal, is
liable to forfeiture or confiscation under any other
law;

(g) details of any business dealing in which he is
involved;

(h) details of any court order relating to sentences
imposed on him or to which he is subject in
relation to criminal prosecutions;

(i) details of his general medical condition;

Disclosure of
information to
the Centre.

CH.64A – 12] JUSTICE PROTECTION






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(j) details of any relevant court orders or
arrangements relating to his custody of or access
to children; and

(k) details of any arrangements that he has made
for —
(i) the service of documents on him;
(ii) representation in proceedings in any court;
(iii) enforcement of judgments in his favour; or
(iv) compliance with the enforcement of

judgments against him.

(4) The Centre shall make such other enquiries and
investigations as it considers necessary for the purpose of
assessing whether the prospective participant including
where necessary members of his family, if any, should be
included in the Programme and for that purpose the Centre
may with the approval of the Minister appoint from among
its members persons to constitute an investigative agency.

14. (1) Without prejudice to subsection (2) all
expenses incurred by the Centre in respect of the Justice
Protection Programme are hereby charged upon the
Consolidated Fund.

(2) Where the expenses referred to in subsection (1)
are in respect of a witness in proceedings relating to
criminal conduct within the meaning of the Proceeds of
Crime Act the Minister of Finance may, notwithstanding
anything to the contrary in that Act, authorise the use of
monies standing to the credit of the Confiscated Assets
Fund to meet those expenses.

PART IV - WITNESS UNDERTAKING

15. (1) The Administrative Centre shall, subject to
the approval of the Minister, prepare a Witness
Undertaking which shall, subject to subsection (2), contain
the matters set out in the First Schedule.

(2) The Administrative Centre, may, where it
considers necessary in a particular case, include any other
matter in a Witness Undertaking.

(3) The Witness Undertaking shall be signed —
(a) by the prospective participant; or

Consolidated
Fund.

Ch. 93.

Witness
Undertaking.

First Schedule.

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(b) where the circumstances so require by a parent or
guardian if the participant is under eighteen years
of age or otherwise lacks legal capacity to sign,

and in the presence of two witnesses, one of whom may be
the participant’s attorney-at-law.

(4) A prospective participant is included in the
Justice Protection Programme when the Witness
Undertaking is countersigned by the person authorised by
the Minister for the purpose.

(5) The Witness Undertaking may be varied by the
Minister —

(a) after consultation with the Administrative
Centre and with the participant’s consent; or

(b) upon application by the participant for a variation
with which the Minister agrees.

(6) The variation referred to in subsection (5) shall
take effect on the day on which the participant receives
written notice thereof.

(7) Where a participant remains in the Programme
upon attaining the age of eighteen years, the
Administrative Centre shall require him to sign a Witness
Undertaking on his own behalf upon his attaining that age.

PART V - REGISTER OF PARTICIPANTS

16. (1) The Administrative Centre shall maintain a
register of participants which shall be accorded a security
classification not below “Top Secret”.

(2) The register may be maintained by electronic
means.

(3) The Centre shall include in the register, the
following details in respect of each participant —

(a) the participant’s name and assumed names, if
any;

(b) the participant’s new name where he has been
provided with a new identity under the Justice
Protection Programme;

(c) the participant’s address;
(d) details of any offences for which the participant

has been convicted;

Register of
participants.

CH.64A – 14] JUSTICE PROTECTION






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(e) the dates on which the participant entered and left
the Programme;

(f) the matter giving rise to his entry into the
Programme; and

(g) details of any approval or refusal pursuant to
section 19(1).

(4) The Centre shall keep the following documents
(hereinafter referred to as “ancillary documents”) along
with the register —

(a) the original of each Witness Undertaking;
(b) in respect of new identities, copies of each new

document issued under the Programme;
(c) the original of each approval granted by the

Centre pursuant to section 19(1); and
(d) any documents returned to the Centre pursuant to

section 21(5).

17. (1) Subject to subsections (2) and (3), the
Administrative Centre shall be the only approved authority
that shall have access to the register and to the ancillary
documents referred to in section 16.

(2) The Centre may, if it is of the opinion that it is in
the interest of the due administration of justice to do so,
allow another approved authority to have access to the
register and the ancillary documents.

(3) Where the Centre allows an approved authority
access to the register and the ancillary documents, the
Centre shall notify the other approved authorities of —

(a) the identity of the authority to whom the access
was allowed;

(b) the information to which the authority was
allowed access;

(c) the reasons for allowing access; and
(d) the date and time of such access.

PART VI - PROTECTION UNDER THE JUSTICE
PROTECTION PROGRAMME

18. (1) Where a participant is entitled to exercise a
right or is under an obligation or is subject to any

Access to
register.

Rights and
obligations.

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restriction, the appropriate approved authority shall take
such steps as are reasonably practicable to ensure that —

(a) the right or obligation is dealt with according to
law; and

(b) the participant complies with the restriction.

(2) The steps referred to in subsection (1) may
include —

(a) providing protection for the participant while the
participant is attending court; and

(b) 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.

(3) Where the authority is satisfied that a participant
who has been provided with a new identity under the
Justice Protection Programme is using the new identity
to —

(a) avoid obligations that were incurred before the
new identity was established; and

(b) 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 be complied with, the authority shall take such
action as it considers necessary to ensure performance of
the obligations or compliance with the restrictions.

(4) 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.

19. (1) The competent authority responsible under
any law for the issuing of documents that pertain to the
identity or status of a person shall notwithstanding
anything to the contrary in that law be deemed to have the
requisite authority to give effect to any request made by the
Minister for the issue of, or amendment to any existing

Identity issues.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

document or record in relation to the identity or status of a
participant.

(2) A participant who has been provided with a new
identity under the Justice Protection Programme shall not
disclose his former identity unless he has obtained the prior
written approval of the Administrative Centre.

(3) Notwithstanding subsection (1) and any other
written law, the participant shall in any proceedings, be
entitled to claim that his new identity is his only identity.

(4) In this section, “participant” includes a person who
is no longer participating in the Programme but retains his
new identity.

20. (1) Protection or assistance provided under the
Justice Protection Programme to a participant —

(a) shall be terminated by the Centre if the
participant requests in writing that it be
terminated; or

(b) may be terminated by the Centre if —
(i) the participant deliberately breaches a term

of the Witness Undertaking;
(ii) the Centre discovers that the participant had

knowingly given information to the Centre
that was false or misleading in a material
particular;

(iii) the participant’s conduct is, in the opinion of
the Centre, likely to compromise the
integrity of the Programme;

(iv) the circumstances that gave rise to the need
for protection or assistance for the
participant, cease to exist,

(v) the participant deliberately breaches an
undertaking, including an undertaking to
give evidence, in relation to a matter,
material and relevant to the Programme;

(vi) the participant refuses or fails to sign a new
Witness Undertaking when required to do so
under section 15(7); or

(vii) there is, in the opinion of the Centre, no
reasonable justification for the participant to
remain in the Programme.

Cessation of
protection and
assistance.

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(2) Where the Centre decides under subsection (1)
(b) to terminate protection or assistance or both under the
Programme, the Centre shall —

(a) take reasonable steps to notify the participant of
the decision; and

(b) notify the other approved authorities of the
decision.

(3) A participant who receives such a notification
may, within twenty-eight days after receiving the notice,
apply in writing to the Minister for a review of the decision
of the Centre.

(4) Where a participant applies for a review of the
decision of the Centre, the Minister shall —

(a) allow the participant a reasonable opportunity to
state his case;

(b) review the decision of the Centre and —
(i) confirm or reverse it; or
(ii) vary it with the consent of the participant,

and inform the participant, in writing, of the decision.
(5) A decision of the Centre pursuant to subsection

(1) (b) to terminate protection or assistance or both, shall
be effected as follows —

(a) 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
Minister, the participant is avoiding notification,
the protection shall be terminated at the end of the
period of twenty-eight days after those steps were
commenced;

(b) where the participant does not apply for a review
of the decision in accordance with subsection (3),
termination shall take effect at the end of the
period of twenty-eight days after the participant
receives the notification; or

(c) if the participant applies for a review of the
decision in accordance with subsection (3) and
the Minister notifies the participant that the
decision of the Centre is confirmed, termination
shall take effect from the date of receipt of the
notification.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

21. (1) Where a participant has been provided with a
new identity under the Justice Protection Programme and
protection or assistance to the participant is terminated, the
Administrative Centre may, if it considers it appropriate to
do so, take such action as is necessary to restore the former
participant’s former identity.

(2) The Centre shall take reasonable steps to notify
the former participant of its decision under subsection (1).

(3) Where the Centre proposes to take action to
restore the identity of the former participant, he may,
within twenty-eight days after receiving the notification,
apply in writing to the Minister for a review of the decision
of the Centre.

(4) Where an application is made, the
Minister shall —

(a) before making a decision, give the former
participant a reasonable opportunity to state his
case; and

(b) review the decision of the Centre and confirm or
reverse it, and inform the former participant, in
writing, of the decision.

(5) 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, he shall return
those documents to the Centre within seven days of his
receipt of the request.

22. Where another approved authority notifies the
Administrative 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 —

(a) provide the appropriate approved authority
with —
(i) the participant’s new identity;
(ii) the participant’s criminal record and

fingerprints; and
(iii) such other information relating to the Justice

Protection Programme as the Centre

Restoration of
former identity.

Provision of
information to an
approved
authority.

JUSTICE PROTECTION [CH.64A – 19





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

considers appropriate in the circumstances;
and

(b) cause the participant to appear before the
appropriate authority.

PART VII - PRIVACY OF PROGRAMME AND
REGULATIONS

23. Officers of the Administrative Centre 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.

24. (1) A person who, without lawful authority,
discloses information —

(a) about the identity or location of a person who is
or has been a participant;

(b) that compromises the safety or security of a
participant or the integrity of the Programme,

commits an offence.
(2) A person who is or has been a participant or a

person who has undergone assessment for inclusion in the
Justice Protection Programme and discloses —

(a) the fact of such participation or assessment;
(b) information as to the way in which the

Programme operates;
(c) information about any officer of the

Administrative Centre who is or has been
involved in the Programme;

(d) the fact that he has signed a Witness Undertaking;
or

(e) any details of a Witness Undertaking that he has
signed,

commits an offence unless he has been authorised by the
Centre to make the disclosure.

(3) A person who —
(a) offers a bribe or other inducement to any person

employed in the administration of this Act, for the
purpose of obtaining information which could

Officers
protected from
suit in respect of
decisions made
under this Act.

Offences.

CH.64A – 20] JUSTICE PROTECTION






STATUTE LAW OF THE BAHAMAS LRO 1/2008

prejudice the safety or security of a participant or
the integrity of the Programme; or

(b) being a person employed in the administration of
this Act, accepts any bribe or other inducement in
exchange for the information referred to in
paragraph (a),

commits an offence.
(4) A person who commits an offence under

subsection (1), (2) or (3) is liable on summary conviction
to a fine of fifteen thousand dollars and to imprisonment
for five years.

(5) A person who without reasonable excuse fails to
return the documents referred to in section 21(5) in
accordance with that section, commits an offence and is
liable on summary conviction to a fine of ten thousand
dollars and to imprisonment for three years.

25. (1) Subject to subsection (2), an officer of the
Administrative Centre shall not be required to —

(a) produce in any court or to another approved
authority, any document that has come into the
custody or control of the Centre in the course of
or because of the performance of functions or
duties under this Act; or

(b) 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,

except where it is necessary to do so for the purpose of
carrying the provisions of this Act into effect.

(2) Where, in the determination of legal proceedings,
it becomes necessary for the Judge or Magistrate presiding,
to be advised of the participant’s location and
circumstances, an officer referred to in subsection (1) shall
disclose the relevant information to the Judge or Magistrate
in chambers but the officer shall not disclose the
information if any person other than the Judge or
Magistrate is present.

(3) The Judge or Magistrate shall not disclose any
information received under subsection (2) otherwise than
in accordance with this Act.

Officers not
required to
disclose
information.

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

26. (1) Where —
(a) a person is provided with a new identity under the

Justice Protection Programme;
(b) the person retains that identity, whether or not he

remains a participant; and
(c) the person is to appear as a witness in criminal

proceedings under that identity,

the person shall notify the Administrative Centre that he is
to appear as a witness in such proceedings.

(2) 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 prosecutor and the accused person or the accused
person’s legal representative.

27. 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 —

(a) hold that part of the proceedings that relate to the
identity of the participant in camera; and

(b) 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.

28. (1) Subject to subsection (2), the Administrative
Centre may submit to any Administrative Centre in any
foreign state annual reports on the general operation,
performance and effectiveness of the Justice Protection
Programme.

(2) 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.

29. (1) 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 and without prejudice to the generality of the
foregoing, regulations as to the establishment and
constitution of divisions within the Ministry to assist in the
administration of the programme.

Requirement
where participant
becomes a
witness in
criminal
proceedings.

Identity of
participant not to
be disclosed.

Annual reports to
other Centres.

Regulations.

CH.64A – 22] JUSTICE PROTECTION






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(2) Without prejudice to the generality of subsection
(1), the Minister may make regulations respecting the
establishment of new identities for participants.

(3) Regulations made under subsection (2) are
subject to affirmative resolution of Parliament.

JUSTICE PROTECTION [CH.64A – 23





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE (Section 7)

CONTENTS OF WITNESS UNDERTAKING

1. The basis on which a prospective participant is to
be included in the Justice Protection 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
participants, as the case may be, shall, if required to
do so by the Administrative Centre —
(a) undergo medical tests or examinations and

psychological or psychiatric evaluations by
medical officers approved by the Centre for
those purposes;

(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 final 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.

CH.64A – 24] JUSTICE PROTECTION






STATUTE LAW OF THE BAHAMAS LRO 1/2008

10. A provision to the effect that protection or
assistance under the Programme may be terminated
if the prospective participant breaches a term of the
Witness Undertaking.

SECOND SCHEDULE (Section 12)

OFFENCES WHICH MAY GIVE RISE TO PROTECTION
UNDER THE JUSTICE PROTECTION PROGRAMME

Murder
Manslaughter
Treason
Possession or use of firearms and ammunition with intent
to injure
Possession or use of firearms in furtherance of any criminal
offence
Aggravated assault
Shooting or wounding with intent to do grievous bodily
harm
Robbery
Robbery-with aggravation
Armed robbery
Arson
Any sexual offence
Any drug trafficking offence
Kidnapping
Any money laundering offence
Offences under the Anti-Terrorism Act
Offences under the Prevention of Bribery Act
Any domestic violence offence.

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