Section 4Part 3 — Justice Protection Administrative Centre
Constitution, functions and powers of Justice Protection Administrative Centre
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The Director of Public Prosecutions shall appoint the following persons as officers of the Centre —
a person holding public office in the Office of the Director of Public Prosecutions (who shall be appointed as the Director of the Centre); and
such other persons as the Director of Public Prosecutions may consider necessary to provide services to the Centre.
Subject to this Law, the Centre shall develop, manage and administer the Programme and shall, subject to any designation under Schedule 1, be responsible for deciding whether a prospective participant is to be afforded protection or assistance or both under the Programme.
In performing its functions under this Law, the Centre shall —
liaise with appropriate overseas authorities within designated territories;
liaise, where necessary, with appropriate overseas authorities other than those within designated territories;
subject to any designation under Schedule 1, determine the participants in the Programme;
determine after consultation with the JPIP Agency and the Director of Public Prosecutions, the level and duration of protection or assistance for a prospective participant, based on the assessments referred to in subsection (4);
obtain such information as may be required to determine —
the financial implications of admitting the prospective participant to the Programme; and
the actual or potential civil and criminal liability of the prospective participant;
require the prospective participant to conclude a Memorandum of Understanding with the Centre, detailing the terms and conditions of his participation in the Programme;
arrange for the provision of safe-houses only on the written recommendations of the JPIP Agency on the basis of threat assessments and risk assessments;
develop guidelines for the effective operation of the Programme;
establish budgetary requirements of the Programme;
make payments in connection with the protection and assistance provided under this Law;
take cognisance of the high cost and complexity of providing adequate protection for participants; and
co-ordinate and relay to appropriate authorities in designated territories, relevant information on threat and risk assessments and other related matters.
In the performance of its functions in accordance with subsection (3)(c), the Centre shall make a determination on the basis of written assessments received from —
a Crown Counsel; and
the JPIP Agency,
but the Centre may, in a case of emergency, arrange for provisional entry into the Programme by a prospective participant prior to any such determination.
The Centre shall, in deciding whether to include a prospective participant in the Programme, have regard to —
any criminal record of the prospective participant, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if he is included in the Programme;
the results of any medical, psychological or psychiatric examination or evaluation of the prospective participant conducted to determine his suitability for inclusion in the Programme;
the seriousness of the offence to which any relevant evidence or statement relates;
the nature and importance of any relevant evidence or statement;
whether there are viable alternative methods of protecting or assisting the prospective participant;
the nature of the perceived danger to the prospective participant;
the nature of the prospective participant's relationship with other prospective participants being assessed for inclusion in the Programme;
the expected duration of the protection or assistance to be provided; and
any other matters that the Centre considers relevant.
Action which may be taken by the Centre to facilitate the safety and security of participants may include the following —
providing any documents necessary —
to establish a new identity for the participant; or
to protect the participant;
permitting a participant to use an assumed name in carrying out his duties in relation to the Programme and to carry documentation supporting the assumed name;
providing payments to or for the participant for the purpose of —
meeting his reasonable living expenses including, where appropriate, living expenses of his family; and
providing, whether directly or indirectly, other reasonable financial assistance;
providing payments to the participant for the purpose of meeting costs associated with relocation;
providing assistance to the participant in obtaining employment, access to education and health care; and
providing other assistance to the participant with a view to ensuring that the participant becomes self-sustaining.
The Centre shall exercise its functions under this or any other Law acting alone or through a person designated by the Centre to act on its behalf, and shall be deemed to act in an administrative capacity.
Subject to this Law, the Centre has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this or any other statute.
The Cabinet may make rules governing the procedure of the Centre but, subject to any such rules and to subsection (1), the Centre shall have power to regulate its own procedure.
Referenced By
- Section 2 — Definitions
section 4
- Section 9 — Constitution, functions and powers of Justice Protection Investigative Agency
determination referred to in section 4(4)