Functions of the Administrative Centre

(1) Subject to this Act, the Administrative Centre shall develop, manage and maintain the Justice Protection Programme and shall be responsible for deciding whether a prospective participant is to be afforded protection or assistance or both, under the Programme. (2) In performing its functions under this Act, the Centre shall, (a) liaise with 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; 9 (c) determine the participants in the Justice (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) of this section; (e) obtain such information as may be required to determine, (i) the financial implications of admitting the prospective participants to the (ii) the actual or potential civil and criminal liability of the prospective (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 10 (j) make payments in connection with the protection and assistance provided under this Act; (k) take cognizance 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) of this section, the Administrative Centre shall, (a) in relation to criminal matters, make a determination on the basis of written assessments received from, (i) (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, Cap. 127, make a determination on the basis of written assessments received from, (i) (ii) the Solicitor General; and (iii) the Protective Agency. 11 (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 (b) the results of any medical, psychological or psychiatric examination or evaluation of the conducted to determine his suitability for inclusion in the (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 (f) the nature of the perceived danger to the (g) the nature of the prospective participant’s relationship with other participants being assessed for inclusion in the (h) the expected duration of the protection or assistance to be provided; and (i) any other matters that the Centre considers relevant. 12 (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, appropriate, living expenses of his family; and (ii) providing, whether directly or indirectly, other reasonable financial (d) providing payments to the participant for the purpose of meeting costs associated with relocation; (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. 13