Transitional

Any Memoranda of Understanding or any arrangements with any person 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. 32 SCHEDULE 1 JUSTICE PROTECTION ACT Protected offences under the Programme [Section 6] 1. Murder. 2. Manslaughter 3. Treason. 4. Sedition. 5. Piracy or hijacking. 6. Possession or use of firearms and ammunition with intent to injure. 7. Possession or use of firearms in furtherance of any criminal offence. 8. Aggravated assault. 9. Shooting or wounding with intent to do grievous bodily harm. 10. Robbery. 11. Robbery with aggravation. 12. Armed robbery. 13. Arson. 14. Any sexual offence. Justice Protection 33 15. Any drug trafficking offence. 16. Kidnapping. 17. Any money laundering offence. 18. Any domestic violence offence 34 Justice Protection SCHEDULE 2 JUSTICE PROTECTION ACT Memorandum of Understanding [Section 12] 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 authorize that the results be made available to the Centre. Justice Protection 35 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. 36 Justice Protection SCHEDULE 3 JUSTICE PROTECTION ACT Agreement Establishing the Regional Justice Protection Programme The States Parties, Recognising the need to uphold the integrity of the justice system of Member States of the Caribbean Community (hereinafter referred to as “the Community”) and the need to prevent any interference in the administration of justice by the intimidation or elimination of witnesses, jurors, judicial and legal officers, and la w enforcement personnel and their associates; Convinced that a co-operative approach by the Community is the most effective way to confront and overcome the threat; Conscious of the need to establish, develop and maintain an appropriate end effective infrastructure at the national and regional levels in order to safeguard and enhance the credibility and Integrity of the justice system in the Community; Affirming the importance of the principles of sovereign equality, mutual respect, and friendly relations; Have agreed as follows, Article 1 Use of Terms In this Agreement, unless the context otherwise requires; Justice Protection 37 “Administrative Centre “means the Department or Ministry charged with responsibility for developing, managing and maintaining the national programme In a State Party; “approved authority” means the Attorney-General, the Director of Public Prosecutions or the Office with responsibility for criminal prosecutions, the Ministry responsible for national security or competent Department thereof, or such other person or body as the Minister responsible for national security may from time to time designate as an approved authority; “associate” means a person who, by virtue of his relationship or association with a participant may be considered for protection or assistance under this Agreement; “Conference” means the Conference of Heads of Government of the Community; “national programme’ means the Justice Protection Programme established in a State Party pursuant to Article 7 of this Agreement; “participants” means witnesses, jurors, judicial and legal officers, law enforcement personnel, their associates and any other persons to whom assistance or protection is given in accordance with this Agreement and participant’ shall have a corresponding meaning; “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 (ii), (iv) and (v) of the definition of “threat assessment” and such other factors as are considered relevant In any particular case; “Secretary-General” means the Secretary-General of the Community; “State Party” means a State Party to this Agreement; 38 Justice Protection “threat assessment” means an evaluation of the danger of a prospective participant, and includes 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 end other identifying data of alt Individuals who are likely to pose a danger to the prospective participants; (e) where appropriate, the prospective participant’s association with the persons referred to in paragraph (i) 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, (i) in relation to a crime which has been committed against the laws of a State Party or which there are reasonable grounds to believe will be committed; (ii) in a criminal trial in a State Party; (iii) in any civil proceedings in a State Party; Justice Protection 39 (iv) to an approved authority in relation to a crime that has been committed or which there are reasonable grounds to believe will be committed. Article 2 Establishment of the Regional Justice Protection Programme There is hereby established the Regional Justice Protection Programme (hereinafter referred to as “the Regional Programme”) having the structure, composition, powers and functions sat out in this Agreement. Article 3 Participation in the Regional Programme 1. Participation in the Regional Programme shall be open to Member States of the Community. 2. Any other territory which, in the opinion of the Conference, is willing and able to enjoy the rights and assume the obligations established by this Agreement may accede thereto. Article 4 Objectives of the Regional Programme The objectives of the Regional Programme shall be to promote and ensure the proper administration of justice by providing participants with such protection, assistance and security as would enable them to perform their functions with efficiency and confidence when there is a threat to their Ores, safety, or property arising from, or directly or indirectly related to the performance of their duties or obligations In the administration of justice. 40 Justice Protection Article 5 Establishment of the Board of Governors 1. Subject to the direction of the Conference, the Regional Programme shall be administered by a Board of Governors (hereinafter referred to as the Board). 2. The Board shall comprise Ministers responsible for national security of States Parties or their duly designated representatives. 3. Each member of the Board shall have one vote. 4. The Board shall be convention an ordinary meeting once in every year and in extraordinary meetings as often as the Board determines. 5. Ordinary meetings of the Board shall be convened at the Headquarters of the Community unless the Board, by a simple majority of the members, determines otherwise. 6. Subject to the provisions of this Article, the Board shall regulate shall regulate its procedure. 7. The Community Secretariat she be designated the Secretariat of the Regional Programme and shag provide me support services for the Board. Article 6 Functions of the Board In order to achieve the objectives set out in Article 4, the Board may carry out the following functions, (a) upon request, advise States Parties on the establishment of national programmes; Justice Protection 41 (b) identify and mobilise required resources from intra-regional and extra-regional sources for the establishment, development and operation of national programmes and the Regional Programme; (c) approve agreements and working arrangements for the provision of resources for the efficient operation of programmes; (d) such other functions as the Conference may determine from time to time. Article 7 Establishment of National Programmes 1. Each State Party Shall establish, develop, manage and maintain a national programme designed to facilitate the achievement of the objectives set out in Article 4. 2. Each State Party shall ensure that its national programme includes the following components, (a) an Investigative Agency; (b) the Office of the Director of Public Prosecutions or the Office with responsibility for criminal prosecutions; (c) an Agency providing protection or assistance or both; (d) an Administrative Centre. 3. Each State Party shall ensure that, having regard to its laws, each component is so structured and composed as to be able to discharge its functions under this Agreement. 42 Justice Protection 4. Without prejudice to the generality of paragraph 1, national programmes shell provide for the training of personnel in the following areas; (a) safe-house establishment end operational procedures; (b) advanced Investigative methods and techniques; (c) the preparation of threat and risk assessments; (d) evaluation, including psychological and psychiatric evaluations, of the suitability of participants for entry into long-term protection programmes; (e) management of participants in protective custody; (f) personal security of participants. 5. Each State Party shall establish a mechanism for the review and monitoring of its national programme. Justice Protection 43 Article 8 Function of the Investigative Agency The Investigative Agency shall, (a) carry out investigations in relation to an application by a prospective participant for protection or assistance or both; (b) prepare end submit to the Administrative Centre, the application which shall be accompanied by, (i) an assessment of the application; (ii) a threat assessment including a prison report where the prospective participant is in prison; (iii) a risk assessment; (c) provide protection for prospective participants in the period prior to the approval for entry into the national programme by the Administrative Centre; (d) request emergency protection under the national programme prior to approval of the application by the Administrative Centre. Article 9 Functions of the Director of Public Prosecutions or Office Responsible for Criminal Prosecutions The Director of Public Prosecutions or the Office responsible for criminal prosecutions shall, where appropriate, prepare and 44 Justice Protection submit applications tor protection or assistance to the Administrative Centre and with respect to witnesses shall, (a) satisfy himself as to the credibility of the prospective participant; (b) evaluate the nature of the evidence given or to be given; (c) certify that the related testimony is essential; (d) determine when a participant In the national programme is no longer necessary for the prosecution of the case. Article 10 Functions of the Agency Provide Protection The Agency providing protection and assistance shall, (a) conduct interviews with prospective participants to establish suitability for entry Into the national programme; (b) examine the threat and risk assessments submitted by the Investigative Agency; (c) require a prospective participant or a participant, as the case may be, to undergo such medical tests and examinations and psychological and psychiatric evaluations as would determine his physical and mental health; (d) submit a report to the Administrative Centre on the matters mentioned in paragraphs (a), (b) and (c); Justice Protection 45 (e) protect participants approved by the Administrative Centre and those accorded provisional entry into the programme on an emergency basis; (f) organise relocation, if necessary, of participants approved pursuant to paragraph (e); (g) review threat and risk assessments throughout the relevant proceedings. Including any appeal process and where appropriate, after such proceedings. Article 11 Functions of the Administrative Centre 1. The Administrative Centre shall be responsible for developing, maintaining and managing the national programme. 2. In general, protection shall be on a short-term basis, that is, until the relevant proceedings are concluded. Long-term or post-trial protection or assistance shall be dealt with on a case by case basis. 3. In discharging its responsibility, the Centre shall, (a) make a determination as to the persons who will participate in the national programme on the basis of the submissions from , (i) the investigative Agency; (ii) the Director of Public Prosecutions or the Office responsible for criminal prosecutions, and 46 Justice Protection (iii) the Agency providing protection; (b) on the basis of the threat and risk assessments, determine the level and duration of protection or assistance for the prospective participant taking into account the need to protect associates; (c) require the prospective participant to furnish such information as may indicate, (i) the financial implications of admitting the prospective participant to the national programme; and (ii) the actual or potential civil and criminal liability of the prospective participant; (d) require the prospective participant to conclude an agreement with the Administrative Centre detailing the terms and conditions for participation In the national programme and for terminating that agreement; (e) where necessary, facilitate the relocation of participants and the establishment of safe houses; (f) liaise with Administrative Centres of other States Parties; (g) co-ordinate and relay to approved authorities in States Parties relevant information on threat and risk assessments and other related matters; (h) develop guidelines for the effective operation of the national programme; Justice Protection 47 (i) establish budgetary requirements and approve and make payments for the subsistence and other allowances of participants; (j) take cognisance of the high cost and complexity of providing adequate security for participants and ensure strict compliance with the requirements of Articles 8, 9 and 10; (k) undertake such other responsible as may facilitate the functioning of the Centre. 4. The Administrative Centre shall prepare and submit annual reports to the Board and make recommendations on policy for its consideration. Article 12 Scope of Protection under National Programmes 1. States Parties shall take such measures as are necessary and reasonable to protect the safety, health and welfare of participants in national programmes. 2. Such measures may include where necessary, (a) providing accommodation: (b) defraying relocation expenses; (c) providing for living expenses; (d) establishing new identities; (e) providing assistance in rehabilitation. Article 13 48 Justice Protection Register of Participants 1. States Parties shag establish and maintain a register of participants in national programmes. The register may be in electronic form and shall include the following information which shall be accorded a security classification not below “TOP SECRET”, (a) the names and addresses of participants; (b) assumed names; (c) new Identities, where appropriate; (d) details of convictions, if any; (e) case reference; (f) date of commencement of participation In the programme and date of termination. 2. States Parties shall determine the conditions under which access to the register may be accorded to an approved authority. 3. The register shall be kept at the Administrative Centre, which shall be responsible for its safe custody. Article 14 Relocation of Participants 1. States Parties shall co-operate with the Board and each other in the relocation of participants under national programmes. 2. A determination to relocate a participant in a jurisdiction other than the jurisdiction in which the participant ordinarily Justice Protection 49 resides shall be made by the Administrative Centres of the sending State Party and the receiving State Party. 3. Prior to the relocation of a participant in a different jurisdiction, the sending State Party and the receiving State Party shall establish an arrangement determining the rights and obligations of the respective States Parties and the participants being relocated. Article 15 Legislative and Other Measures States Parties undertake to adopt such legislative and other measures as are necessary to discharge their obligations under this Agreement to, inter alia, (a) facilitate In their jurisdictions, the incarceration of persons convicted of offences against the laws of the sending State Party, (b) provide protective custody for participants in national programmes; (c) protect identities; (d) establish offences and sanctions for, (i) unauthorized disclosure of information, corruption and unethical practices; (ii) unlawfully interfering with a participant; (e) provide for the liability of a State Party and its representatives resulting from acts or omissions causing injury to participants. 50 Justice Protection Article 16 Signature This Agreement shall be open for signature by the Member States referred to in Article 3. Article 17 Ratification This Agreement shall be subject to ratification by the Member States referred to in Article 3. Instruments of Ratification shall be deposited with the Secretary-General, and take effect one month thereafter. Article 18 Accession Subject to paragraph 2 of Article 3, territories may accede to this Agreement. Instruments of accession shall be deposited with the Secretary-general and take effect one month thereafter. Article 19 Entry into Force This Agreement shall enter into force upon the deposit of three Instruments of Reification with the Secretary-General, who shall transmit certified copies thereof to the States Parties Justice Protection 51 Article 20 Depositary The Secretary-General of the Community shall be the Depositary of this Agreement. Article 21 Amendments This Agreement may be amended by the States Parties Such amendments shall be ratified by the States Parties and shall enter into force one month after their deposit with the Secretary- General. Article 22 Notification States Parties shall notify the Secretary-General of the addresses of their Administrative Centres, and their approved authorities. Article 23 Withdrawal 1. A State Party shall not withdraw from this Agreement until three years after its entry into force. 2. A State Party wishing to withdraw from this Agreement shall give twelve months’ notice to the Secretary-General. A notice of withdrawal shall not affect the State Party’s obligations assumed under this Agreement prior to the effective date of its withdrawal. 52 Justice Protection IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their respective Governments have executed this Protocol.