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LAWS OF TRINIDAD AND TOBAGO
JUSTICE PROTECTION ACT
CHAPTER 5:33
Act
78 of 2000
Amended by
12 of 2011
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–6 ..
7–26 ..
27–33 ..
L.R.O. UNOFFICIAL VERSION
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Index of Subsidiary Legislation
Page
Justice Protection Regulations (LN 96/2007) … … … … 28
Justice Protection (Prescribed Forms) Regulations (LN 97/2007) … … 30
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CHAPTER 5:33
JUSTICE PROTECTION ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Commencement.
3. Interpretation.
PART II
THE JUSTICE PROTECTION PROGRAMME
4. Establishment of the Justice Protection Programme and Agencies.
5. Functions of the Administrative Centre.
6. Cases to be considered for protection.
7. Disclosure of certain information to the Administrative Centre.
8. Inclusion of prospective participants in Programme.
9. Functions of the Investigative Agency.
10. Director of Public Prosecutions to submit applications.
11. Functions of the Protective Agency.
PART III
MEMORANDUM OF UNDERSTANDING
12. Memorandum of Understanding.
PART IV
REGISTER OF PARTICIPANTS
13. Register of participants.
14. Access to register.
PART V
PROTECTION UNDER
THE JUSTICE PROTECTION PROGRAMME
15. Rights and obligations.
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SECTION
16. Non-disclosure of former identity.
17. Cessation of protection and assistance.
18. Restoration of former identity.
19. Provision of information to an approved authority.
PART VI
MISCELLANEOUS
20. Officers protected from suit in respect of decisions made under
this Act.
21. Offences.
22. Officers not required to disclose information.
23. Requirement where participant becomes a witness in criminal
proceedings.
24. Identity of participant not to be disclosed.
25. Annual reports to the Board.
26. Regulations.
27. Transitional.
FIRST SCHEDULE.
SECOND SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
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CHAPTER 5:33
JUSTICE PROTECTION ACT
An Act to provide for the establishment of a programme for
the protection of certain witnesses and other persons;
and to provide for matters incidental thereto.
*[ASSENTED TO 27TH OCTOBER 2000]
PART I
PRELIMINARY
1. This Act may be cited as the Justice Protection Act.
2. This Act came into operation on 4th April 2007.
3. In this Act—
“Administrative Centre” or “Centre” means the department or
Ministry charged with responsibility for the development,
management and maintenance of the Justice Protection
Programme;
“Agreement” means the Agreement Establishing the Regional
Justice Protection Programme, signed at Port-of-Spain on
7th July 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;
(e) any other person or body that the Minister may,
from time to time, designate as an approved
authority;
“associate” means a person including a family member of that
person who, by virtue of his relationship or association with
78 of 2000.
Short title.
Commencement.
[76/2007].
Interpretation.
[12 of 2011].
*See section 2 for date of commencement of this Act.
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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;
“Investigative Agency” means the Agency charged with the
functions set out in section 9;
“Justice Protection Programme” or “Programme” means the
Justice Protection Programme established under section 4;
“Minister” means the Minister to whom responsibility for the
Justice Protection Programme is assigned;
“participants” means witnesses, jurors, judicial officers, legal
officers, law enforcement personnel, associates of such persons
and any other persons to whom protection or assistance or
both is given under the Justice Protection Programme;
“Protective Agency” means the Agency charged with the
functions set out in section 11;
“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;
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(e) 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;
(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 has been committed or 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 has
been committed or will be committed;
(c) in a criminal trial;
(d) in any civil proceedings.
PART II
THE JUSTICE PROTECTION PROGRAMME
4. (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) For the purposes of administering the Programme,
the Minister shall, by Regulations made under section 26,
provide for the establishment of the following Agencies:
(a) an Administrative Centre;
(b) an Investigative Agency; and
(c) a Protective Agency.
ADMINISTRATIVE CENTRE
5. (1) Subject to this Act, the Administrative Centre shall
develop, manage and maintain the Justice Protection Programme
Establishment
of the Justice
Protection
Programme and
Agencies.
Functions of the
Administrative
Centre.
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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 other approved authorities and with
Administrative Centres of other Contracting Parties;
(b) liaise where necessary, with appropriate authorities
in the territories of non-Contracting Parties;
(c) determine the participants in the Justice
Protection Programme;
(d) determine after consultation with the
Investigative Agency 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)(a);
(e) obtain such information as may be required to
determine—
(i) the financial implications of admitting
the prospective participants to the
Programme; and
(ii) the actual or potential civil and criminal
liability of the prospective participant;
(f) require the prospective participant to conclude a
Memorandum of Understanding with the
Centre, detailing the terms and conditions of his
participation in the Programme;
(g) arrange for the provision of safe-houses on the
written recommendations of the Investigative
Agency or the Protective Agency on the basis of
threat and risk assessments;
(h) develop guidelines for the effective operation of
the Programme;
(i) establish budgetary requirements of the Programme;
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(j) make payments in connection with the protection
and assistance provided under this Act;
(k) take cognisance of the high cost and complexity
of providing adequate protection for participants;
(l) co-ordinate and relay to approved authorities of
Contracting Parties, relevant information on
threat and risk assessments and other related
matters.
(3) In the performance of its functions in accordance
with subsection (2)(c), the Administrative Centre shall—
(a) in relation to criminal matters, make a
determination on the basis of written
assessments received from—
(i) the Investigative Agency;
(ii) the Director of Public Prosecutions; and
(iii) the Protective Agency;
(b) in relation to civil matters and enquiries under
the Commissions of Enquiry Act, make a
determination on the basis of written
assessments received from—
(i) the Investigative Agency;
(ii) the Attorney General; and
(iii) the Protective Agency.
(4) 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;
Ch. 19:01.
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(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 or assisting 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 to be provided; and
(i) any other matters that the Centre considers relevant.
(5) Action which may be taken by the Administrative
Centre to facilitate the safety and security of participants may
include the following:
(a) providing any documents necessary—
(i) to establish a new identity for the
participant; and
(ii) to protect the participant;
(b) 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;
(c) providing payments to or for the participant for
the purpose of—
(i) meeting his reasonable living expenses
including, where appropriate, living
expenses of his family; and
(ii) providing, whether directly or indirectly,
other reasonable financial assistance;
(d) providing payments to the participant for
the purpose of meeting costs associated
with relocation;
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(e) providing assistance to the participant in
obtaining employment, access to education and
health care;
(f) providing other assistance to the participant
with a view to ensuring that the participant
becomes self-sustaining.
6. (1) The Administrative Centre may offer protection or
assistance or both under the Justice Protection Programme in
respect of the offences set out in the First Schedule.
(2) The Minister may by Order, after consultation with
the Director of Public Prosecutions and the Commissioner of
Police, amend the First Schedule.
7. (1) Notwithstanding section 5(3), the Administrative
Centre shall not include a prospective participant in the
Programme unless—
(a) it is satisfied that the person has provided the
Centre with the information required of him
under subsection (2); and
(b) it receives such other information as may be
required in the case or under this Act.
(2) 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—
(i) any cash balances in bank accounts; and
(ii) 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;
Cases to be
considered for
protection.
First Schedule.
Disclosure of
certain
information to
the
Administrative
Centre.
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(f) whether any of his property, real or personal, is
liable to forfeiture or confiscation under any
other law;
(g) details of any enterprise whatsoever, in
which he is involved, that may yield him a
monetary return;
(h) details of receivables and all sources of income;
(i) details of his general medical condition;
(j) details of any dependents and related obligations;
(k) details of any Court order relating to sentences
imposed on him or to which he is subject in
relation to criminal prosecutions;
(l) details of any relevant Court orders or
arrangements relating to his custody of or
access to children; and
(m) 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.
(3) 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.
8. The Administrative Centre shall not include a
prospective participant in the Programme unless—
(a) subject to section 10, he applies in the
prescribed form to be included;
(b) the Centre is satisfied that he understands the
implications of being included in the Programme;
(c) he understands and signs a Memorandum of
Understanding in accordance with the
provisions of this Act or if he is under eighteen
Inclusion of
prospective
participants in
Programme.
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years of age or otherwise lacks legal capacity
to sign the Memorandum—
(i) it is signed by a parent or guardian; or
(ii) if there is no such parent or guardian, it is
signed by a person appointed by the High
Court to be his guardian.
THE INVESTIGATIVE AGENCY
9. In relation to the possible inclusion of a prospective
participant in the Justice Protection Programme, the
Investigative Agency—
(a) shall make investigations and submit to the
Administrative Centre, the application referred
to in section 8(a) which shall be accompanied
by the following documents prepared by the
Investigative Agency:
(i) an assessment of that application;
(ii) a threat assessment including a prison
report where the prospective participant
is in prison; and
(iii) a risk assessment;
(b) shall provide protection for the prospective
participant in the period prior to the
determination referred to in section 5(3)(a); and
(c) may, in a case of emergency, apply to the
Administrative Centre for provisional entry into
the Programme by the prospective participant,
prior to the determination referred to in
paragraph (b).
THE DIRECTOR OF PUBLIC PROSECUTIONS
10. (1) In relation to criminal matters, the Director of Public
Prosecutions shall, where he is satisfied that the circumstances so
warrant, prepare and submit an application in the prescribed
form, to the Administrative Centre for a prospective applicant’s
entry into the Justice Protection Programme.
Functions of
the Investigative
Agency.
Director of
Public
Prosecutions to
submit
applications.
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(2) An application referred to in subsection (1) shall
be made after the Director of Public Prosecutions has—
(a) in the case of a prospective participant who is
likely to be a witness—
(i) determined that the testimony of the
prospective participant is credible and
essential; and
(ii) formed the opinion that the prospective
participant can be relied upon to give
the testimony;
(b) determined that a juror, judicial officer, legal
officer, law enforcement officer or any of their
associates, is in need of protection or assistance
or both.
(3) An application under this section shall be
accompanied by detailed information on—
(a) the significance of the case;
(b) the prospective defendant;
(c) the testimony of the prospective participant; and
(d) the anticipated benefits of a successful prosecution.
(4) For the purposes of subsection (2)(b), “legal officer”
includes an Attorney-at-law in private practice.
THE PROTECTIVE AGENCY
11. (1) For the purposes of this Act, the Protective
Agency shall—
(a) submit a report to the Centre on the suitability
of a prospective participant for entry into the
Justice Protection Programme and for that
purpose shall—
(i) interview the prospective participant with
a view to establishing his suitability for
entry into the Programme;
(ii) examine the threat and risk assessments
submitted to the Administrative Centre
pursuant to section 9(a); and
Functions of
the Protective
Agency.
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(iii) 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 Protective Agency;
(b) protect participants and persons accorded
provisional entry pursuant to section 9(c);
(c) relocate participants where necessary; and
(d) carry out periodic reviews of threat and risk
assessments.
PART III
MEMORANDUM OF UNDERSTANDING
12. (1) The Administrative Centre shall, subject to the
approval of the Minister, prepare a Memorandum of
Understanding which shall, subject to subsection (2), contain
the matters set out in the Second Schedule.
(2) The Administrative Centre, may, where it considers
necessary in a particular case, include any other matter in a
Memorandum of Understanding.
(3) The Memorandum of Understanding shall be signed—
(a) by the prospective participant; or
(b) 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-at-law.
(4) A prospective participant is included in the Justice
Protection Programme when the Memorandum of Understanding
is countersigned by the person authorised by the Minister for
the purpose.
Memorandum of
Understanding.
Second
Schedule.
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(5) The Memorandum of Understanding 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.
(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 Memorandum of Understanding on
his own behalf upon his attaining that age.
PART IV
REGISTER OF PARTICIPANTS
13. (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;
(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 16(1).
Register of
participants.
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(4) The Centre shall keep the following documents
(hereinafter referred to as “ancillary documents”) along with
the register:
(a) the original of each Memorandum of
Understanding;
(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 16(1); and
(d) any documents returned to the Centre pursuant
to section 18(5).
14. (1) Subject to this section, 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 13.
(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 V
PROTECTION UNDER THE JUSTICE PROTECTION
PROGRAMME
15. (1) Where a participant is entitled to exercise a right, is
under an obligation or is subject to any restriction, the
Access to
register.
Rights and
obligations.
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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.
16. (1) 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.
Non-disclosure
of former
identity.
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(2) 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.
(3) In this section, “participant” includes a person
who is no longer participating in the Programme but retains his
new identity.
17. (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 Memorandum of Understanding;
(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 Memorandum of Understanding when
required to do so under section 12(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
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(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.
18. (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.
19. 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
Restoration of
former identity.
Provision of
information to
an approved
authority.
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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 considers appropriate in the
circumstances; and
(b) cause the participant to appear before the
appropriate authority.
PART VI
MISCELLANEOUS
20. 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.
21. (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;
Officers
protected from
suit in respect
of decisions
made under
this Act.
Offences.
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(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 Memorandum of
Understanding; or
(e) any details of a Memorandum of Understanding
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 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 ten years.
(5) A person who, without reasonable excuse fails to
return the documents referred to in section 18(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.
22. (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
Officers not
required to
disclose
information.
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(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 a 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.
23. (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.
24. If in any proceedings in any Court, the new identity of a
person who is a participant is in issue or may be disclosed,
Requirement
where
participant
becomes a
witness in
criminal
proceedings.
Identity of
participant not
to be disclosed.
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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.
25. (1) Subject to subsection (2), the Administrative Centre
shall submit to the Board, 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.
(3) In subsection (1), “Board” means the Board of
Governors referred to in Article 5 of the Agreement.
26. (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.
(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.
27. Any Memoranda of Understanding or any arrangements
with any persons in relation to protection or assistance that
existed at the commencement of this Act, shall continue in force
on the same terms and conditions until they are replaced by
Memoranda of Understanding under this Act.
Annual reports
to the Board.
Regulations.
Transitional.
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Section 6. FIRST SCHEDULE
OFFENCES WHICH MAY GIVE RISE TO PROTECTION
UNDER THE JUSTICE PROTECTION PROGRAMME
Murder
Manslaughter
Treason
Sedition
Piracy or hijacking
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 Larceny Act, Chap. 11:12
Offences under the Prevention of Corruption Act, Chap. 11:11
Offences under the Criminal Offences Act, Chap. 11:01
Any domestic violence offence
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SECOND SCHEDULE
CONTENTS OF MEMORANDUM OF UNDERSTANDING
The basis on which a prospective participant is to be included in the
Justice Protection Programme;
The details of the protection or assistance that is to be provided;
The terms and conditions upon which protection or assistance shall be
provided to the prospective participant;
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;
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;
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;
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;
A financial support arrangement;
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;
A provision to the effect that protection or assistance under the
Programme may be terminated if the prospective participant breaches a term
of the Memorandum of Understanding.
Section 12.
UNOFFICIAL VERSION
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SUBSIDIARY LEGISLATION
JUSTICE PROTECTION REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
PART I
PRELIMINARY
2. Interpretation.
PART II
ADMINISTRATIVE CENTRE
3. Establishment of Administrative Centre.
4. Co-operation.
PART III
THE INVESTIGATIVE AGENCY
5. Establishment of Investigative Agency.
PART IV
THE PROTECTIVE AGENCY
6. Establishment of Protective Agency.
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[Subsidiary]
JUSTICE PROTECTION REGULATIONS
made under section 26
1. These Regulations may be cited as the Justice
Protection Regulations.
PART I
PRELIMINARY
2. In these Regulations “the Act” means the Justice
Protection Act.
PART II
ADMINISTRATIVE CENTRE
3. The Administrative Centre (“the Centre”) is hereby
established for the purposes of the Act.
4. (1) The Centre may with the approval of the Minister
make arrangements with and enter into memoranda of
understanding and co-operate with—
(a) any department of Government;
(b) the Police Service;
(c) the Defence Force; or
(d) any person,
for the purpose of the Act.
(2) In relation to subregulation (1)(d), “person”
includes a corporation but does not include a participant or a
prospective participant in the Justice Protection Programme.
PART III
THE INVESTIGATIVE AGENCY
5. (1) The Investigative Agency is hereby established for
the purposes of the Act.
(2) The functions of the Investigative Agency shall be
performed by the Police Service.
96/2007.
Citation.
Interpretation.
Establishment
of Administrative
Centre.
Co-operation.
Establishment
of Investigative
Agency.
UNOFFICIAL VERSION
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Justice Protection Regulations[Subsidiary]
PART IV
THE PROTECTIVE AGENCY
6. (1) The Protective Agency is hereby established for the
purposes of the Act.
(2) The functions of the Protection Agency shall be
performed by the Police Service.
JUSTICE PROTECTION (PRESCRIBED FORMS)
REGULATIONS
made under section 26
1. These Regulations may be cited as the Justice
Protection (Prescribed Forms) Regulations.
2. In these Regulations “the Act” means the Justice
Protection Act.
3. The forms required to be prescribed under sections 8(a)
and 10(1) of the Act are the forms set out as Form 1 and Form 2,
respectively, in the Schedule.
97/2007.
Citation.
Interpretation.
Prescribed
Forms.
Establishment
of Protective
Agency.
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Justice Protection (Prescribed Forms) Regulations [Subsidiary]
SCHEDULE
FORM 1
APPLICATION BY A PROSPECTIVE PARTICIPANT
TO BE INCLUDED IN THE JUSTICE PROTECTION
PROGRAMME
I, .............................................................., hereby apply for protection under the Justice
Protection Programme.
I am also known as ..........................................................................................................
My current address is: .....................................................................................................
Date of Birth: ...................... Occupation: ...................... Next of Kin: ............................
Address of Next Kin: .......................................................................................................
......................................................................................................
Details of any previous protection (if any, including the name of the
Investigating Officer):
Signature:
Date:
Rgulation 3.
(block letters)
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Justice Protection (Prescribed Forms) Regulations[Subsidiary]
FORM 2
APPLICATION BY THE DIRECTOR OF PUBLIC
PROSECUTIONS FOR A PROSPECTIVE PARTICIPANT
TO BE INCLUDED IN THE
JUSTICE PROTECTION PROGRAMME
1. Name of Prospective participant: ........................................................
2. Current Address of Prospective Participant: .......................................
.............................................................................................................
3. Name of Investigating Officer: ...........................................................
4. Criminal Proceedings in which Prospective Participant is in need of
Protection:
.............................................................................................................
5. The Prospective Participant is likely to be a Witness and I have
determined that the testimony of that person is credible and essential.
Further, I have formed the opinion that the person can be relied upon
to testify.
6. (1) The Prospective Participant is—
❑ a witness
❑ an associate
❑ a juror
❑ a judicial officer
❑ a legal officer
❑ a law enforcement officer
(2) I have determined that the person is in need of protection.
7. This case is significant for the following reasons:
.............................................................................................................
.............................................................................................................
.............................................................................................................
Regulation 3.
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8. Relevant details of the Prospective Participant:
.............................................................................................................
.............................................................................................................
.............................................................................................................
9. Testimony of Prospective Participant attached in the following form:
Statement ❑ yes ❑ no
Deposition ❑ yes ❑ no
Trial Transcript ❑ yes ❑ no
10. Anticipated benefits (if any):
.............................................................................................................
.............................................................................................................
.............................................................................................................
I ....................................................................... Director of Public
Prosecutions having satisfied myself that circumstances so warrant, hereby
apply for protection for the above-mentioned Prospective Participant under
the Justice Protection Programme.
Dated this ...............................day of ............................................., 20.....
Director of Public Prosecutions
Justice Protection (Prescribed Forms) Regulations [Subsidiary]
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
