Witness Protection Act 2009 · Updated to 1 Sep 2019 · Part II · Witness Protection Programme
9. Factors to be considered
Feedback & supportThe Director General in deciding whether to recommend that a witness is to be included in the Programme or not shall consider the following:
Director General
“Director General” means the Director General of Witness Protection appointed under subsection 4(1);
whether the witness has a criminal record, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if the witness is included in the Programme;
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the result of a medical, psychological and psychiatric examinations conducted under subsection 8(2);
the seriousness of the offence to which the evidence or statement of the witness relates;
the nature and importance of the evidence or statement of the witness;
whether there are alternative methods of protecting the witness;
the nature of the perceived danger to the witness;
the nature of the relationship of the witness to other witnesses being selected for inclusion in the Programme;
and
any other matters as the Director General considers relevant.
The Director General may make such other inquiries and investigations, as he considers necessary, for the purposes of assessing whether the witness is to be recommended to be included in the Programme.
witness
“witness” means— (a) a person who has given or who has agreed to give evidence on behalf of the Government in a criminal proceeding; (b) a person who has given or who has agreed to give evidence, otherwise than as mentioned in paragraph (a), in relation to the commission or possible commission of an offence; (c) a person who has provided any information, a statement or assistance to a public officer or an officer of a public authority in relation to an offence; (d) a person who, for any other reason, may require protection or assistance under the Programme; or (e) a person who, because of his relationship to or association with any of the persons referred to in paragraphs (a) to (d), may require protection or assistance under the Programme. Witness Protection 7