{"kind":"expression","expression":{"expr_id":"100","doc_id":"100","label":"2017 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2008\/16\", \"expression\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01.pdf\"}, \"pdf\": {\"md5\": \"bc321131dd9b94988b2bdbed49f58563\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.pdf\", \"pages\": 32, \"filename\": \"2008-0016_2017 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 7771, \"paragraph_count\": 31, \"text_char_count\": 50174}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"SCHEDULE 4 Repealed by section 23 of Law 12 of 2016 SCHEDULE 5 TERRITORIES THAT MAY PARTICIPATE IN THE JUSTICE PROTECTION PROGRAMME SCHEDULE 6 JUSTICE PROTECTION PROGRAMME CERTIFICATE Justice Protection Law (2017 Revision) JUSTICE PROTECTION LAW (2017 Revision) ENACTED by the Legislature of the Cayman Islands. PART I \u2013 Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Justice Protection Law (2017 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201cancillary documents\u201d means the documents referred to in section 13(4); \u201capproved authority\u201d or \\\"authority\\\" means \u2014 (a) the Director; (b) the Centre; (c) the Commissioner of Police; or (d) any other person or body that the Cabinet may under section 28 designate as an approved authority for the purposes of this Law; \u201cassociate\u201d means a person who, by virtue of his relationship or association with a participant or prospective participant, may be considered for protection or assistance or both under the Justice Protection Programme; \u201cCommissioner of Police\u201d or \u201cCommissioner\u201d means the Commissioner of Police appointed under the Police Law (2017 Revision); Justice Protection Law \u201cCrown Counsel\u201d means \u2014 (a) a person holding public office in the Office of the Director of Public Prosecutions and any other person instructed by or on behalf of the Director of Public Prosecutions to appear for the Director of Public Prosecutions in any criminal cause or matter; or (b) a person holding public office in the Portfolio of Legal Affairs and any other person instructed by or on behalf of the Attorney General to appear for the Attorney General in any civil cause or matter; \u201cdesignated territory\u201d means a territory designated as such under section 20(a); \u201cDirector\u201d means the officer appointed as Director of the Centre under section 4(1)(a); \u201cJustice Protection Administrative Centre\u201d or \u201cCentre\u201d means the unit established under section 3(2)(a); \u201cJustice Protection Investigative and Protective Agency\u201d or \u201cJPIP Agency\u201d means the unit established under section 3(2)(b); \u201cJustice Protection Programme\u201d or \u201cProgramme\u201d means the Justice Protection Programme established under section 3(1); \u201cMemorandum of Understanding\u201d means a memorandum referred to in section 11(1) and includes any Protocol, addendum or document that supplements or is scheduled to any such memorandum; \u201cparticipants\u201d means persons specified in or designated pursuant to Schedule 1; \u201cPolice Service\u201d means the Royal Cayman Islands Police Service referred to in section 3 of the Police Law (2017 Revision); \u201cregister\u201d means the register of participants maintained by the Centre pursuant to section 13; \u201crisk assessment\u201d 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 (b), (d) and (e) of the definition of \u201cthreat assessment\u201d and any other factor considered relevant in a particular case; \u201cthreat assessment\u201d means an evaluation of the danger to a prospective participant based on, but not limited to, information on \u2014 (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; Justice Protection Law (2017 Revision) (d) the names and other identifying data of all persons who are likely to pose a danger to the prospective participant; (e) where appropriate, the prospective participant\u2019s 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; and (f) the immediacy of the threat; and \u201cwitness\u201d means a person who has given, is obliged to give or has agreed to give a statement or evidence or both \u2014 (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 any criminal proceedings; or (d) in any civil proceedings. PART II -Justice Protection Programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment of Justice Protection Programme 3. (1) The Attorney General shall establish a programme to be known as the Justice Protection Programme, for the purpose of providing to participants, subject to this Law, protection or assistance or both. (2) For the purposes of administering the Programme, the following units are established \u2014 (a) in the Office of the Director of Public Prosecutions, a Justice Protection Administrative Centre; and (b) in the Police Service, a Justice Protection Investigative and Protective Agency. PART III - Justice Protection Administrative Centre\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution, functions and powers of Justice Protection Administrative Centre 4. (1) The Director of Public Prosecutions shall appoint the following persons as officers of the Centre \u2014 (a) 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 Justice Protection Law (b) such other persons as the Director of Public Prosecutions may consider necessary to provide services to the Centre. (2) 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. (3) In performing its functions under this Law, the Centre shall \u2014 (a) liaise with appropriate overseas authorities within designated territories; (b) liaise, where necessary, with appropriate overseas authorities other than those within designated territories; (c) subject to any designation under Schedule 1, determine the participants in the Programme; (d) 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); (e) obtain such information as may be required to determine \u2014 (i) the financial implications of admitting the prospective participant 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 only on the written recommendations of the JPIP Agency on the basis of threat assessments and risk assessments; (h) develop guidelines for the effective operation of the Programme; (i) establish budgetary requirements of the Programme; (j) make payments in connection with the protection and assistance provided under this Law; (k) take cognisance of the high cost and complexity of providing adequate protection for participants; and (l) co-ordinate and relay to appropriate authorities in designated territories, relevant information on threat and risk assessments and other related matters. (4) 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 \u2014 Justice Protection Law (2017 Revision) (a) a Crown Counsel; and (b) 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. (5) The Centre shall, in deciding whether to include a prospective participant in the Programme, have regard to \u2014 (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; (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\u2019s 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. (6) Action which may be taken by the Centre to facilitate the safety and security of participants may include the following \u2014 (a) providing any documents necessary \u2014 (i) to establish a new identity for the participant; or (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 \u2014 (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; Justice Protection Law (e) providing assistance to the participant in obtaining employment, access to education and health care; and (f) providing other assistance to the participant with a view to ensuring that the participant becomes self-sustaining. (7) 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. (8) 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. (9) 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Crown Counsel to submit application 5. (1) In relation to any matter, a Crown Counsel shall, where he is satisfied that the circumstances so warrant, prepare and submit an application in the prescribed form to the Centre for a prospective applicant\u2019s entry into the Programme. (2) An application referred to in subsection (1) shall be made after a Crown Counsel has consulted with the Director of Public Prosecutions in respect of any criminal matter, or with the Attorney General in respect of any civil matter, and has \u2014 (a) in the case of a prospective participant who is likely to be a witness, formed the opinion that \u2014 (i) the testimony of the prospective participant is credible and essential; and (ii) the prospective participant can be relied upon to give the testimony; or (b) formed the opinion that a witness or his associate, is in need of protection or assistance or both. (3) An application under this section shall be accompanied by detailed information on \u2014 (a) the significance of the case; (b) the prospective defendant; and (c) the testimony of the prospective participant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Cases to be considered for protection 6. The Centre may offer, in relation to a participant, protection, or assistance, or both, under the Programme, in respect of \u2014 Justice Protection Law (2017 Revision) (a) criminal proceedings for the offences set out in Schedule 2; and (b) such civil proceedings as it thinks necessary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Disclosure of certain information to Centre 7. (1) Notwithstanding section 4(4), the Centre shall not include a prospective participant in the Programme unless \u2014 (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 Law. (2) A prospective participant shall in relation to the following matters wherever arising disclose to the Centre \u2014 (a) details of all of his outstanding legal obligations; (b) details of all of his outstanding debts; (c) details of his criminal history; (d) details of any civil proceedings that have been instituted by or against him; (da) details as to whether the prospective participant is prevented from entering any jurisdiction (as a result of a criminal conviction, court order, or otherwise); (e) details of \u2014 (i) any cash balances in bank accounts; and (ii) property, real or personal, held by him in his own name or jointly or severally with any other person or persons as the case may be; (f) whether any of his property, real or personal, is liable to forfeiture or confiscation under any statute; (g) details of any activity 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 dependants 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 \u2014 (i) the service of documents on him; Justice Protection Law (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Inclusion of prospective participant in Programme 8. The Centre shall not include a prospective participant in the Programme unless \u2014 (a) subject to section 5, he applies in the prescribed form to be included in the Programme; (b) the Centre is satisfied that he understands the implications of being included in the Programme; and (c) he understands and signs a Memorandum of Understanding in accordance with the provisions of this Law or if he is under eighteen years of age or otherwise lacks legal capacity to sign the Memorandum \u2014 (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 Grand Court to be his guardian. PART IV - Justice Protection Investigative and Protective Agency\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Constitution, functions and powers of Justice Protection Investigative Agency 9. (1) The Justice Protection and Investigative Agency shall be comprised of \u2014 (a) the Commissioner; and (b) such other persons holding office in the Police Service as the Commissioner, may consider necessary to provide services to the JPIP Agency. (2) In relation to the possible inclusion of a prospective participant in the Programme, the JPIP Agency \u2014 (a) shall conduct investigations and submit to the Centre, the application referred to in section 8(a), which shall be accompanied by the following documents prepared by the JPIP Agency \u2014 (i) an assessment of that application; Justice Protection Law (2017 Revision) (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 4(4); and (c) may, in a case of an emergency, apply to the Centre for provisional entry into the Programme by the prospective participant prior to the determination referred to in paragraph (b). (3) For the purposes of this Law, the JPIP Agency shall \u2014 (a) prepare and submit a report to the Centre on the suitability of a prospective participant for entry into the Programme and for that purpose \u2014 (i) shall interview a prospective participant with a view to establishing the prospective participant\u2019s suitability for entry into the Programme; (ii) shall examine the threat assessments and risk assessments submitted to the Centre pursuant to subsection (2)(a); and (iii) may require a prospective participant or a participant, to undergo, for the purpose of determining the physical and mental health of the prospective participant or the participant, medical tests or examinations and psychological or psychiatric evaluations and to authorise the results to be made available to the JPIP Agency; (b) provide protection to participants and persons accorded provisional entry pursuant to subsection (2)(c); (c) assist with the relocation of participants where necessary; and (d) carry out periodic reviews of threat assessments and risk assessments. (4) The JPIP Agency shall exercise its functions under this or any other Law acting alone or through a person designated by the JPIP Agency to act on its behalf, and shall be deemed to be acting in an administrative capacity. (5) Subject to this Law, the JPIP Agency has the 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 Law. (6) The Cabinet may make rules governing the procedure of the JPIP Agency but, subject to any such rules and to subsection (1), the JPIP Agency shall have power to regulate its own procedure. Justice Protection Law PART V \u2013 Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repealed 10. Repealed by section 10 of [Law 12 of 2016]. PART VI - Memorandum of Understanding\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Memorandum of Understanding 11. (1) The Centre shall, prepare a Memorandum of Understanding which shall, subject to subsection (2), contain the matters set out in Schedule 3. (2) The Centre may, where it considers necessary in a particular case, include any other matter in the Memorandum of Understanding. (3) The Memorandum of Understanding shall be signed \u2014 (a) by the prospective participant; or (b) where the circumstances so require, by the person referred to in section 8(c)(i) or (ii), in the presence of one witness, who may be the participant\u2019s attorney-at-law. (4) A prospective participant is included in the Programme when the Memorandum of Understanding is counter-signed by the person authorised by the Director of Public Prosecutions for the purpose. (5) The Centre may, after consultation with the Director of Public Prosecutions vary the Memorandum of Understanding \u2014 (a) with the consent of the participant; 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 Centre shall require him to sign a Memorandum of Understanding on his own behalf upon his attaining that age. PART VII \u2013 Agreement with Designated and other Territories\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Agreement with designated and other territories 12. (1) If a memorandum of agreement is executed between the Cayman Islands and any of the designated territories with a view to giving effect to the purposes of this Law \u2014 Justice Protection Law (2017 Revision) (a) it shall form the basis of cooperation between the Cayman Islands and the designated territory in relation to the objectives outlined in the Agreement; and (b) this Law shall apply to the implementation of the agreement or other arrangement with such modification as may be considered necessary or expedient and any such modification thereto shall be effected by Order made by the Cabinet. (2) Subsection (3) and section 29(2) apply where, in any exceptional circumstance it is considered expedient for the Cayman Islands to enter into a memorandum of agreement or any other scheme of arrangement with a country or territory that is not a designated territory, for the purposes of \u2014 (a) receiving assistance from or rendering assistance to that country or territory in relation to the relocation of a participant; (b) establishing a system of cooperation for the treatment and security of a participant of the Cayman Islands; or (c) exchanging such information as may be necessary for the administration of justice in the Cayman Islands as it relates to any specified witness. (3) This Law shall apply in the implementation of any memorandum of agreement or other scheme of arrangement entered into pursuant to subsection (2) with such modification as may, by an order made by the Cabinet, be considered necessary or expedient. PART VIII- Register of Participants\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Register of participants 13. (1) The Centre shall maintain a register of participants which shall be accorded a security classification not below \u201cTop Secret\u201d. (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 \u2014 (a) the participant\u2019s name and assumed names, if any; (b) the participant\u2019s new name where he has been provided with a new identity under the Programme; (c) the participant\u2019s 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 the participant\u2019s entry into the Programme; and (g) details of any approval or refusal pursuant to section 16(1). Justice Protection Law (4) The Centre shall keep the following ancillary documents along with the register \u2014 (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); (d) any documents returned to the Centre pursuant to section 18(5); and (e) such other documents as the Director may direct to be kept.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Access to register 14. (1) Subject to this section, the Centre shall be the only approved authority that shall have access to the register and to the ancillary documents. (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 \u2014 (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 IX - Protection under the Justice Protection Programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Rights and obligations 15. (1) Where a participant is entitled to exercise a right, is under an obligation or is subject to any restriction, the appropriate approved authority shall take such steps as are reasonably practicable to ensure that \u2014 (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 \u2014 (a) providing protection for the participant while the participant is attending court; and Justice Protection Law (2017 Revision) (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 Programme is using the new identity to \u2014 (a) avoid obligations that were incurred before the new identity was established; or (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 is 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Non-disclosure of former identity 16. (1) A participant who has been provided with a new identity under the Programme shall not identify or disclose his former identity unless he has obtained the prior written approval of the Centre. (2) Notwithstanding subsection (1) and any other law, the participant shall in any proceedings, be entitled to claim that his new identity is his only identity. (3) In this section, \u201cparticipant\u201d includes a person who is no longer participating in the Programme but retains his new identity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Cessation of protection and assistance 17. (1) Protection or assistance provided under the Programme to a participant \u2014 (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 \u2014 (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\u2019s conduct is, in the opinion of the Centre, likely to compromise the integrity of the Programme; Justice Protection Law (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 to the Programme; (vi) the participant refuses or fails to sign a new Memorandum of Understanding when required to do so under section 11(7); or (vii) there is, in the opinion of the Centre, no reasonable justification for the participant to remain in the Programme. (2) Where the Centre decides under subsection (1)(b) to terminate protection or assistance or both under the Programme, the Centre shall \u2014 (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 Director of Public Prosecutions for a review of the decision of the Centre. (4) Where a participant applies for a review of the decision of the Centre, the Director of Public Prosecutions shall \u2014 (a) allow the participant a reasonable opportunity to state his case; and (b) review the decision of the Centre and \u2014 (i) confirm or reverse it; or (ii) vary it with the consent of the participant, and inform the participant in writing of the decision; and the decision of the Director of Public Prosecutions shall be final. (5) A decision of the Centre pursuant to subsection (1)(b) to terminate protection or assistance or both shall be effected as follows \u2014 (a) where the participant\u2019s 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 Director of Public Prosecutions, 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 (c) if the participant applies for a review of the decision in accordance with subsection (3) and the Director of Public Prosecutions notifies the Justice Protection Law (2017 Revision) participant that the decision of the Centre is confirmed, termination shall take effect from the date of receipt of the notification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Restoration of former identity 18. (1) Where a participant has been provided with a new identity under the Programme and protection or assistance to the participant is terminated, the Centre may, if it considers it appropriate to do so, take such action as is necessary to restore the former participant\u2019s former identity. (2) The Centre shall take reasonable steps to notify the former participant of its decision under subsection (1). (3) Where the Centre decides 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 Director of Public Prosecutions for a review of the decision of the Centre. (4) Where an application is made, the Director of Public Prosecutions shall \u2014 (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 vary, confirm or reverse it, and inform the former participant, in writing, of the decision; and the decision of the Director of Public Prosecutions shall be final. (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 after receiving the request.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Provision of information to an approved authority 19. Where another approved authority notifies the Centre that a participant who has been provided with a new identity or has been relocated, is under investigation 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 \u2014 (a) provide the appropriate approved authority with \u2014 (i) the participant\u2019s new identity; (ii) the participant\u2019s criminal record and fingerprints; and (iii) such other information relating to the Programme as the Centre considers appropriate in the circumstances; and (b) cause the participant to appear before the appropriate authority. Justice Protection Law PART X - External Enforcement of Justice Protection Programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"External enforcement of Programme 20. Without prejudice to any agreement or arrangement entered into pursuant to section 12, the Cabinet may, by Order \u2014 (a) designate any territory specified in Schedule 5 as a territory to which this Law applies for the purposes of the relocation of participants under the Programme; (b) specify appropriate overseas authorities within designated territories that are to give effect to the provisions of this Law in relation to the relocation of participants under the Programme to designated territories; and (c) specify, in respect of designated territories, the steps that need to be taken there for the purposes of the relocation of participants under the Programme to designated territories. PART XI - Miscellaneous\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Officers protected from suit in respect of decisions made under this Law 21. Officers of the Centre and the JPIP Agency 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 Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Offences 22. (1) A person who, without lawful authority, discloses information \u2014 (a) about the identity or location of a person who is or has been a participant; or (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 Programme and without being authorised by the Centre, discloses \u2014 (a) the fact of such participation or assessment; (b) information as to the way in which the Programme operates; (c) information about any officer of the Centre who is or has been involved in the Programme; Justice Protection Law (2017 Revision) (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. (3) A person who \u2014 (a) offers any bribe, gratification or other inducement to any person employed in the administration of this Law, 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 Law, accepts any bribe, gratification 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 \u2014 (a) on summary conviction to a fine of fifteen thousand dollars or to imprisonment for a term of ten years, or to both; and (b) on conviction on indictment, to a fine of thirty thousand dollars or to imprisonment for a term of fifteen years, or to both. (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 \u2014 (a) on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of three years, or to both; and (b) on conviction on indictment, to a fine of twenty thousand dollars or to imprisonment for a term of six years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Officers not required to disclose information 23. (1) Subject to subsection (2), no officer of the Centre, or the JPIP Agency shall be required to \u2014 (a) produce in any court or to another approved authority, any document that has come into the custody or control of the Centre or, the JPIP Agency in the course of, or because of, the performance of functions or duties under this Law; or (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 Law, except where \u2014 (i) it is necessary to do so for the purpose of carrying the provisions of this Law into effect; or Justice Protection Law (ii) a court, on an application, considers that it is necessary to do so in the interest of justice and that such production or disclosure is not likely to adversely affect the intent and purposes of this Law, and orders accordingly. (2) Where a court makes an order under subsection (1) for production or disclosure, the Director of Public Prosecutions or a person aggrieved by the order may \u2014 (a) upon the making of the order, give oral notice; or (b) within seven days of the making of the order, give written notice, of his intention to appeal against the order. (3) Where notice is given under subsection (2), the court shall stay the execution of the order pending the outcome of the appeal. (4) Where, in the determination of legal proceedings it becomes necessary for the judge or magistrate presiding to be advised of a person\u2019s participation in the Programme, the Director of Public Prosecutions may issue a certificate in the form set out in Schedule 6. (5) A certificate issued under subsection (4) shall be conclusive evidence that the person named therein is a participant in the Programme for any of the purposes of the legal proceedings and the judge or magistrate shall not disclose the fact of that person\u2019s participation in the Programme otherwise than in accordance with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Requirement where participant becomes a witness in criminal proceedings 24. (1) Where \u2014 (a) a person is provided with a new identity under the 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 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 Crown Counsel and the accused person or the accused person\u2019s attorney-atlaw. Justice Protection Law (2017 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Identity of participant not to be disclosed 25. If in any proceedings in any court, the new identity of a person who is a participant is in issue or may be disclosed, the court shall, unless it considers that the interests of justice require otherwise \u2014 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Annual reports 26. (1) Subject to subsection (2), the Centre shall submit to the Cabinet through the Attorney General, annual reports on the general operation, performance and effectiveness of the 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Regulations 27. (1) The Cabinet 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 Law. (2) Without prejudice to the generality of subsection (1), the Cabinet may make regulations \u2014 (a) respecting the establishment of identities of participants and any matters relating thereto; (b) adopting such measures as are necessary and reasonable to secure the safety, health and welfare of participants; (c) facilitating the relocation of participants within the Cayman Islands and to and from a designated territory pursuant to any agreement or scheme of arrangement entered into pursuant to section 12; (d) providing for access by participants to their attorneys-at-law and vice versa; and (e) establishing a mechanism for the monitoring and reviewing of the Programme. (3) Regulations made under this section are subject to negative resolution. Justice Protection Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Designation of approved authorities 28. The Cabinet may by Order designate such person or body as the Cabinet in consultation with the Attorney General sees fit as an approved authority for the purposes of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Amendment of Schedules 29. (1) The Cabinet may by Order amend Schedule 1, 2, 3 or 6 to this Law. (2) Notwithstanding section 20 and the definition of \u201cdesignated territory\u201d in section 2, the Cabinet may by Order amend Schedule 5 to include any other territory or country and any reference in this Law to a designated territory shall be construed as a reference to that other territory or country.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Savings 30. Any Memoranda of Understanding or any arrangements with any persons in relation to protection or assistance that existed at the date of commencement of this Law, shall continue in force on the same terms and conditions until they are replaced by Memoranda of Understanding under this Law. Justice Protection Law (2017 Revision) SCHEDULE 1 SCHEDULE 1 PROSPECTIVE PARTICIPANTS IN THE JUSTICE PROTECTION PROGRAMME Witnesses and their associates Any person designated in writing by the Commissioner of Police SCHEDULE 2 Justice Protection Law SCHEDULE 2 OFFENCES WHICH MAY GIVE RISE TO PROTECTION UNDER THE JUSTICE PROTECTION PROGRAMME Arson and related offences; Assaults endangering life and health, and other serious assaults; Corruption Offences; Criminal damage to property and related offences Drug offences Firearms and ammunition offences Hijacking Homicide Money laundering offences Offences against property Offences against the administration of justice Offences against the Crown and offences against public order Offences against the person Offences involving domestic violence Piracy Robbery Sexual offences Terrorism and related offences Justice Protection Law (2017 Revision) SCHEDULE 3 SCHEDULE 3 CONTENTS OF MEMORANDUM OF UNDERSTANDING The basis on which a prospective participant is to be included in the 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 participant, as the case may be, shall, if required to do so by the Centre - (a) undergo medical tests or examinations and psychological or psychiatric evaluations by medical officers approved by the Centre for those purposes; and (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 participant breaches a term of the Memorandum of Understanding. SCHEDULE 4 Justice Protection Law SCHEDULE 4 Repealed by section 23 of Law 12 of 2016 Justice Protection Law (2017 Revision) SCHEDULE 5 SCHEDULE 5 section 20(a) TERRITORIES THAT MAY PARTICIPATE IN THE JUSTICE PROTECTION PROGRAMME Anguilla Bermuda British Virgin Islands Montserrat Turks and Caicos Islands SCHEDULE 6 Justice Protection Law SCHEDULE 6 JUSTICE PROTECTION PROGRAMME CERTIFICATE SECTION 23(4) and (5) OF THE JUSTICE PROTECTION LAW (2017 Revision) For the purposes of section 23(4) and (5) of the Justice Protection Law (2017 Revision) the Director of Public Prosecutions hereby certifies that ____________________________ (Date of birth:                 ) Of ____________________________ is a participant in the Justice Protection Programme. Dated this        day of                 , 20 ___________________________ Director of Public Prosecutions NOTE: Under section 23(4) and (5) of the Justice Protection Law (2017 Revision) this certificate is conclusive evidence in legal proceedings that the person named herein is a participant in the Justice Protection Programme. Publication in consolidated and revised form authorised by the Cabinet this 22nd day of May, 2017. Clerk of Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2017_01_01\", \"date\": \"2017-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2017_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2017_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2008\/16\", \"FRBRdate\": [{\"date\": \"2017-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2008\/16\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2008-0016\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"16 of 2008\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01\", \"FRBRdate\": [{\"date\": \"2017-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2008\/16\/eng@2017-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Justice Protection Act\", \"actNumber\": \"16 of 2008\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nJUSTICE PROTECTION LAW\n\n(2017 Revision)\nSupplement No. 19 published with Extraordinary Gazette No. 45 of 31st May, 2017.\n\nPage 2\nRevised as at 1st day of May, 2017\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nLaw 16 of 2008 consolidated with Law 12 of 2016.\n\nOriginally enacted-\n\nLaw 16 of 2008-15th October, 2008\nLaw 12 of 2016-6th May, 2016.\n\nConsolidated and revised this 1st day of May, 2017.\n\nJustice Protection Law (2017 Revision)\nArrangement of Sections\n\nc\nRevised as at 1st day of May, 2017\nPage 3\n\nCAYMAN ISLANDS\n\nJUSTICE PROTECTION LAW\n(2017 Revision)\nArrangement of Sections\nSection\nPage\nPART I \u2013 Preliminary\n1.\nShort title ...................................................................................................................................7\n2.\nDefinitions ..................................................................................................................................7\nPART II -Justice Protection Programme\n3.\nEstablishment of Justice Protection Programme ........................................................................9\nPART III - Justice Protection Administrative Centre\n4.\nConstitution, functions and powers of Justice Protection Administrative Centre .........................9\n5.\nCrown Counsel to submit application ....................................................................................... 12\n6.\nCases to be considered for protection ...................................................................................... 12\n7.\nDisclosure of certain information to Centre .............................................................................. 13\n8.\nInclusion of prospective participant in Programme ................................................................... 14\nPART IV - Justice Protection Investigative and Protective\nAgency\n9.\nConstitution, functions and powers of Justice Protection Investigative Agency ......................... 14\nPART V \u2013 Repealed\n10.\nRepealed ................................................................................................................................. 16\n\nArrangement of Sections\nJustice Protection Law\n\nPage 4\nRevised as at 1st day of May, 2017\nc\n\nPART VI - Memorandum of Understanding\n11.\nMemorandum of Understanding ............................................................................................... 16\nPART VII \u2013 Agreement with Designated and other Territories\n12.\nAgreement with designated and other territories ...................................................................... 16\nPART VIII- Register of Participants\n13.\nRegister of participants ............................................................................................................ 17\n14.\nAccess to register .................................................................................................................... 18\nPART IX - Protection under the Justice Protection\nProgramme\n15.\nRights and obligations ............................................................................................................. 18\n16.\nNon-disclosure of former identity ............................................................................................. 19\n17.\nCessation of protection and assistance .................................................................................... 19\n18.\nRestoration of former identity ................................................................................................... 21\n19.\nProvision of information to an approved authority .................................................................... 21\nPART X - External Enforcement of Justice Protection\nProgramme\n20.\nExternal enforcement of Programme ....................................................................................... 22\nPART XI - Miscellaneous\n21.\nOfficers protected from suit in respect of decisions made under this Law ................................. 22\n22.\nOffences .................................................................................................................................. 22\n23.\nOfficers not required to disclose information ............................................................................ 23\n24.\nRequirement where participant becomes a witness in criminal proceedings ............................ 24\n25.\nIdentity of participant not to be disclosed ................................................................................. 25\n26.\nAnnual reports ......................................................................................................................... 25\n27.\nRegulations ............................................................................................................................. 25\n28.\nDesignation of approved authorities ......................................................................................... 26\n29.\nAmendment of Schedules ........................................................................................................ 26\n30.\nSavings ................................................................................................................................... 26\nSCHEDULE 1\n27\nPROSPECTIVE PARTICIPANTS IN THE JUSTICE PROTECTION PROGRAMME\n27\nSCHEDULE 2\n28\nOFFENCES WHICH MAY GIVE RISE TO PROTECTION UNDER THE JUSTICE\nPROTECTION PROGRAMME\n28\nSCHEDULE 3\n29\nCONTENTS OF MEMORANDUM OF UNDERSTANDING\n29\n\nJustice Protection Law (2017 Revision)\nArrangement of Sections\n\nc\nRevised as at 1st day of May, 2017\nPage 5\n\nSCHEDULE 4\n30\nRepealed by section 23 of Law 12 of 2016\n30\nSCHEDULE 5\n31\nTERRITORIES THAT MAY PARTICIPATE IN THE JUSTICE PROTECTION PROGRAMME\n31\nSCHEDULE 6\n32\nJUSTICE PROTECTION PROGRAMME CERTIFICATE\n32\n\nJustice Protection Law (2017 Revision)\nSection 1\n\nc\nRevised as at 1st day of May, 2017\nPage 7\n\nCAYMAN ISLANDS\n\nJUSTICE PROTECTION LAW\n(2017 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPART I \u2013 Preliminary\n1.\nShort title\n1.\nThis Law may be cited as the Justice Protection Law (2017 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201cancillary documents\u201d means the documents referred to in section 13(4);\n\u201capproved authority\u201d or \"authority\" means \u2014\n(a)\nthe Director;\n(b) the Centre;\n(c)\nthe Commissioner of Police; or\n(d) any other person or body that the Cabinet may under section 28 designate\nas an approved authority for the purposes of this Law;\n\u201cassociate\u201d means a person who, by virtue of his relationship or association\nwith a participant or prospective participant, may be considered for protection\nor assistance or both under the Justice Protection Programme;\n\u201cCommissioner of Police\u201d or \u201cCommissioner\u201d means the Commissioner of\nPolice appointed under the Police Law (2017 Revision);\n\nSection 2\nJustice Protection Law\n\nPage 8\nRevised as at 1st day of May, 2017\nc\n\n\u201cCrown Counsel\u201d means \u2014\n(a)\na person holding public office in the Office of the Director of Public\nProsecutions and any other person instructed by or on behalf of the\nDirector of Public Prosecutions to appear for the Director of Public\nProsecutions in any criminal cause or matter; or\n(b) a person holding public office in the Portfolio of Legal Affairs and any\nother person instructed by or on behalf of the Attorney General to appear\nfor the Attorney General in any civil cause or matter;\n\u201cdesignated territory\u201d means a territory designated as such under\nsection 20(a);\n\u201cDirector\u201d means the officer appointed as Director of the Centre under\nsection 4(1)(a);\n\u201cJustice Protection Administrative Centre\u201d or \u201cCentre\u201d means the unit\nestablished under section 3(2)(a);\n\u201cJustice Protection Investigative and Protective Agency\u201d or \u201cJPIP\nAgency\u201d means the unit established under section 3(2)(b);\n\u201cJustice Protection Programme\u201d or \u201cProgramme\u201d means the Justice\nProtection Programme established under section 3(1);\n\u201cMemorandum of Understanding\u201d means a memorandum referred to in\nsection 11(1) and includes any Protocol, addendum or document that\nsupplements or is scheduled to any such memorandum;\n\u201cparticipants\u201d means persons specified in or designated pursuant to\nSchedule 1;\n\u201cPolice Service\u201d means the Royal Cayman Islands Police Service referred to\nin section 3 of the Police Law (2017 Revision);\n\u201cregister\u201d means the register of participants maintained by the Centre\npursuant to section 13;\n\u201crisk assessment\u201d means an evaluation of the risk or danger which a\nparticipant is likely to pose for the receiving community, having regard to the\nmatters specified in paragraphs (b), (d) and (e) of the definition of \u201cthreat\nassessment\u201d and any other factor considered relevant in a particular case;\n\u201cthreat assessment\u201d means an evaluation of the danger to a prospective\nparticipant based on, but not limited to, information on \u2014\n(a)\npersons who are the subject of judicial or administrative proceedings\nconcerning the case in relation to which the prospective participant has\ngiven evidence or is required to give evidence;\n(b) any criminal organisation interested in the relevant proceedings;\n(c)\nthe nature of the threat to the prospective participant;\n\nJustice Protection Law (2017 Revision)\nSection 3\n\nc\nRevised as at 1st day of May, 2017\nPage 9\n\n(d) the names and other identifying data of all persons who are likely to pose\na danger to the prospective participant;\n(e)\nwhere appropriate, the prospective participant\u2019s association with persons\nreferred to in paragraph (a) or his involvement in the illegal activity\ngiving rise to the proceedings referred to in that paragraph; and\n(f)\nthe immediacy of the threat; and\n\u201cwitness\u201d means a person who has given, is obliged to give or has agreed to\ngive a statement or evidence or both \u2014\n(a)\nin relation to a crime that has been committed or in respect of which\nthere are reasonable grounds to believe has been committed or will be\ncommitted;\n(b) to an approved authority in relation to a crime that has been committed or\nin respect of which there are reasonable grounds to believe has been\ncommitted or will be committed;\n(c)\nin any criminal proceedings; or\n(d) in any civil proceedings.\nPART II -Justice Protection Programme\n3.\nEstablishment of Justice Protection Programme\n3.\n(1) The Attorney General shall establish a programme to be known as the Justice\nProtection Programme, for the purpose of providing to participants, subject to\nthis Law, protection or assistance or both.\n(2) For the purposes of administering the Programme, the following units are\nestablished \u2014\n(a)\nin the Office of the Director of Public Prosecutions, a Justice Protection\nAdministrative Centre; and\n(b) in the Police Service, a Justice Protection Investigative and Protective\nAgency.\nPART III - Justice Protection Administrative Centre\n4.\nConstitution, functions and powers of Justice Protection Administrative\nCentre\n4.\n(1) The Director of Public Prosecutions shall appoint the following persons as\nofficers of the Centre \u2014\n(a)\na person holding public office in the Office of the Director of Public\nProsecutions (who shall be appointed as the Director of the Centre); and\n\nSection 4\nJustice Protection Law\n\nPage 10\nRevised as at 1st day of May, 2017\nc\n\n(b) such other persons as the Director of Public Prosecutions may consider\nnecessary to provide services to the Centre.\n(2) Subject to this Law, the Centre shall develop, manage and administer the\nProgramme and shall, subject to any designation under Schedule 1, be\nresponsible for deciding whether a prospective participant is to be afforded\nprotection or assistance or both under the Programme.\n(3) In performing its functions under this Law, the Centre shall \u2014\n(a)\nliaise with appropriate overseas authorities within designated territories;\n(b) liaise, where necessary, with appropriate overseas authorities other than\nthose within designated territories;\n(c)\nsubject to any designation under Schedule 1, determine the participants in\nthe Programme;\n(d) determine after consultation with the JPIP Agency and the Director of\nPublic Prosecutions, the level and duration of protection or assistance for\na prospective participant, based on the assessments referred to in\nsubsection (4);\n(e)\nobtain such information as may be required to determine \u2014\n(i)\nthe financial implications of admitting the prospective participant to\nthe Programme; and\n(ii) the actual or potential civil and criminal liability of the prospective\nparticipant;\n(f)\nrequire the prospective participant to conclude a Memorandum of\nUnderstanding with the Centre, detailing the terms and conditions of his\nparticipation in the Programme;\n(g) arrange for the provision of safe-houses only on the written\nrecommendations of the JPIP Agency on the basis of threat assessments\nand risk assessments;\n(h) develop guidelines for the effective operation of the Programme;\n(i)\nestablish budgetary requirements of the Programme;\n(j)\nmake payments in connection with the protection and assistance provided\nunder this Law;\n(k) take cognisance of the high cost and complexity of providing adequate\nprotection for participants; and\n(l)\nco-ordinate and relay to appropriate authorities in designated territories,\nrelevant information on threat and risk assessments and other related\nmatters.\n(4) In the performance of its functions in accordance with subsection (3)(c), the\nCentre shall make a determination on the basis of written assessments\nreceived from \u2014\n\nJustice Protection Law (2017 Revision)\nSection 4\n\nc\nRevised as at 1st day of May, 2017\nPage 11\n\n(a)\na Crown Counsel; and\n(b) the JPIP Agency,\nbut the Centre may, in a case of emergency, arrange for provisional entry into\nthe Programme by a prospective participant prior to any such determination.\n(5) The Centre shall, in deciding whether to include a prospective participant in\nthe Programme, have regard to \u2014\n(a)\nany criminal record of the prospective participant, particularly in respect\nof crimes of violence, and whether that record indicates a risk to the\npublic if he is included in the Programme;\n(b) the results of any medical, psychological or psychiatric examination or\nevaluation of the prospective participant conducted to determine his\nsuitability for inclusion in the Programme;\n(c)\nthe seriousness of the offence to which any relevant evidence or\nstatement relates;\n(d) the nature and importance of any relevant evidence or statement;\n(e)\nwhether there are viable alternative methods of protecting or assisting the\nprospective participant;\n(f)\nthe nature of the perceived danger to the prospective participant;\n(g) the nature of the prospective participant\u2019s relationship with other\nprospective participants being assessed for inclusion in the Programme;\n(h) the expected duration of the protection or assistance to be provided; and\n(i)\nany other matters that the Centre considers relevant.\n(6) Action which may be taken by the Centre to facilitate the safety and security\nof participants may include the following \u2014\n(a)\nproviding any documents necessary \u2014\n(i)\nto establish a new identity for the participant; or\n(ii) to protect the participant;\n(b) permitting a participant to use an assumed name in carrying out his duties\nin relation to the Programme and to carry documentation supporting the\nassumed name;\n(c)\nproviding payments to or for the participant for the purpose of \u2014\n(i)\nmeeting his reasonable living expenses including,\nwhere\nappropriate, living expenses of his family; and\n(ii) providing, whether directly or indirectly, other reasonable financial\nassistance;\n(d) providing payments to the participant for the purpose of meeting costs\nassociated with relocation;\n\nSection 5\nJustice Protection Law\n\nPage 12\nRevised as at 1st day of May, 2017\nc\n\n(e)\nproviding assistance to the participant in obtaining employment, access\nto education and health care; and\n(f)\nproviding other assistance to the participant with a view to ensuring that\nthe participant becomes self-sustaining.\n(7) The Centre shall exercise its functions under this or any other Law acting\nalone or through a person designated by the Centre to act on its behalf, and\nshall be deemed to act in an administrative capacity.\n(8) Subject to this Law, the Centre has power to do all things necessary or\nconvenient to be done for or in connection with the performance of its\nfunctions under this or any other statute.\n(9) The Cabinet may make rules governing the procedure of the Centre but,\nsubject to any such rules and to subsection (1), the Centre shall have power to\nregulate its own procedure.\n5.\nCrown Counsel to submit application\n5.\n(1) In relation to any matter, a Crown Counsel shall, where he is satisfied that the\ncircumstances so warrant, prepare and submit an application in the prescribed\nform to the Centre for a prospective applicant\u2019s entry into the Programme.\n(2) An application referred to in subsection (1) shall be made after a Crown\nCounsel has consulted with the Director of Public Prosecutions in respect of\nany criminal matter, or with the Attorney General in respect of any civil\nmatter, and has \u2014\n(a)\nin the case of a prospective participant who is likely to be a witness,\nformed the opinion that \u2014\n(i)\nthe testimony of the prospective participant is credible and\nessential; and\n(ii) the prospective participant can be relied upon to give the\ntestimony; or\n(b) formed the opinion that a witness or his associate, is in need of protection\nor assistance or both.\n(3) An application under this section shall be accompanied by detailed\ninformation on \u2014\n(a)\nthe significance of the case;\n(b) the prospective defendant; and\n(c)\nthe testimony of the prospective participant.\n6.\nCases to be considered for protection\n6.\nThe Centre may offer, in relation to a participant, protection, or assistance, or both,\nunder the Programme, in respect of \u2014\n\nJustice Protection Law (2017 Revision)\nSection 7\n\nc\nRevised as at 1st day of May, 2017\nPage 13\n\n(a)\ncriminal proceedings for the offences set out in Schedule 2; and\n(b) such civil proceedings as it thinks necessary.\n7.\nDisclosure of certain information to Centre\n7.\n(1) Notwithstanding section 4(4), the Centre shall not include a prospective\nparticipant in the Programme unless \u2014\n(a)\nit is satisfied that the person has provided the Centre with the information\nrequired of him under subsection (2); and\n(b) it receives such other information as may be required in the case or under\nthis Law.\n(2) A prospective participant shall in relation to the following matters wherever\narising disclose to the Centre \u2014\n(a)\ndetails of all of his outstanding legal obligations;\n(b) details of all of his outstanding debts;\n(c)\ndetails of his criminal history;\n(d) details of any civil proceedings that have been instituted by or\nagainst him;\n(da) details as to whether the prospective participant is prevented from\nentering any jurisdiction (as a result of a criminal conviction, court order,\nor otherwise);\n(e)\ndetails of \u2014\n(i)\nany cash balances in bank accounts; and\n(ii) property, real or personal, held by him in his own name or jointly or\nseverally with any other person or persons as the case may be;\n(f)\nwhether any of his property, real or personal, is liable to forfeiture or\nconfiscation under any statute;\n(g) details of any activity in which he is involved that may yield him a\nmonetary return;\n(h) details of receivables and all sources of income;\n(i)\ndetails of his general medical condition;\n(j)\ndetails of any dependants and related obligations;\n(k) details of any court order relating to sentences imposed on him or to\nwhich he is subject in relation to criminal prosecutions;\n(l)\ndetails of any relevant court orders or arrangements relating to his\ncustody of, or access to, children; and\n(m) details of any arrangements that he has made for \u2014\n(i)\nthe service of documents on him;\n\nSection 8\nJustice Protection Law\n\nPage 14\nRevised as at 1st day of May, 2017\nc\n\n(ii) representation in proceedings in any court;\n(iii) enforcement of judgments in his favour; or\n(iv) compliance with the enforcement of judgments against him.\n(3) The Centre shall make such other inquiries and investigations as it considers\nnecessary for the purpose of assessing whether the prospective participant\nshould be included in the Programme.\n8.\nInclusion of prospective participant in Programme\n8.\nThe Centre shall not include a prospective participant in the Programme unless \u2014\n(a)\nsubject to section 5, he applies in the prescribed form to be included in\nthe Programme;\n(b) the Centre is satisfied that he understands the implications of being\nincluded in the Programme; and\n(c)\nhe understands and signs a Memorandum of Understanding in\naccordance with the provisions of this Law or if he is under eighteen\nyears of age or otherwise lacks legal capacity to sign the\nMemorandum \u2014\n(i)\nit is signed by a parent or guardian; or\n(ii) if there is no such parent or guardian, it is signed by a person\nappointed by the Grand Court to be his guardian.\nPART IV - Justice Protection Investigative and Protective\nAgency\n9.\nConstitution, functions and powers of Justice Protection Investigative\nAgency\n9.\n(1) The Justice Protection and Investigative Agency shall be comprised of \u2014\n(a)\nthe Commissioner; and\n(b) such other persons holding office in the Police Service as the\nCommissioner, may consider necessary to provide services to the JPIP\nAgency.\n(2) In relation to the possible inclusion of a prospective participant in the\nProgramme, the JPIP Agency \u2014\n(a)\nshall conduct investigations and submit to the Centre, the application\nreferred to in section 8(a), which shall be accompanied by the following\ndocuments prepared by the JPIP Agency \u2014\n(i)\nan assessment of that application;\n\nJustice Protection Law (2017 Revision)\nSection 9\n\nc\nRevised as at 1st day of May, 2017\nPage 15\n\n(ii) a threat assessment including a prison report where the prospective\nparticipant is in prison; and\n(iii) a risk assessment;\n(b) shall provide protection for the prospective participant in the period prior\nto the determination referred to in section 4(4); and\n(c)\nmay, in a case of an emergency, apply to the Centre for provisional entry\ninto the Programme by the prospective participant prior to the\ndetermination referred to in paragraph (b).\n(3) For the purposes of this Law, the JPIP Agency shall \u2014\n(a)\nprepare and submit a report to the Centre on the suitability of a\nprospective participant for entry into the Programme and for that\npurpose \u2014\n(i)\nshall interview a prospective participant with a view to establishing\nthe prospective participant\u2019s suitability for entry into the\nProgramme;\n(ii) shall examine the threat assessments and risk assessments submitted\nto the Centre pursuant to subsection (2)(a); and\n(iii) may require a prospective participant or a participant, to undergo,\nfor the purpose of determining the physical and mental health of the\nprospective participant or the participant, medical tests or\nexaminations and psychological or psychiatric evaluations and to\nauthorise the results to be made available to the JPIP Agency;\n(b) provide protection to participants and persons accorded provisional entry\npursuant to subsection (2)(c);\n(c)\nassist with the relocation of participants where necessary; and\n(d) carry out periodic reviews of threat assessments and risk assessments.\n(4) The JPIP Agency shall exercise its functions under this or any other Law\nacting alone or through a person designated by the JPIP Agency to act on its\nbehalf, and shall be deemed to be acting in an administrative capacity.\n(5) Subject to this Law, the JPIP Agency has the power to do all things necessary\nor convenient to be done for or in connection with the performance of its\nfunctions under this or any other Law.\n(6) The Cabinet may make rules governing the procedure of the JPIP Agency but,\nsubject to any such rules and to subsection (1), the JPIP Agency shall have\npower to regulate its own procedure.\n\nSection 10\nJustice Protection Law\n\nPage 16\nRevised as at 1st day of May, 2017\nc\n\nPART V \u2013 Repealed\n10.\nRepealed\n10. Repealed by section 10 of [Law 12 of 2016].\nPART VI - Memorandum of Understanding\n11.\nMemorandum of Understanding\n11. (1) The Centre shall, prepare a Memorandum of Understanding which shall,\nsubject to subsection (2), contain the matters set out in Schedule 3.\n(2) The Centre may, where it considers necessary in a particular case, include any\nother matter in the Memorandum of Understanding.\n(3) The Memorandum of Understanding shall be signed \u2014\n(a)\nby the prospective participant; or\n(b) where the circumstances so require, by the person referred to in\nsection 8(c)(i) or (ii),\nin the presence of one witness, who may be the participant\u2019s attorney-at-law.\n(4) A prospective participant is included in the Programme when the\nMemorandum of Understanding is counter-signed by the person authorised by\nthe Director of Public Prosecutions for the purpose.\n(5) The Centre may, after consultation with the Director of Public Prosecutions\nvary the Memorandum of Understanding \u2014\n(a)\nwith the consent of the participant; or\n(b) upon application by the participant for a variation.\n(6) The variation referred to in subsection (5) shall take effect on the day on which\nthe participant receives written notice thereof.\n(7) Where a participant remains in the Programme upon attaining the age of\neighteen years, the Centre shall require him to sign a Memorandum of\nUnderstanding on his own behalf upon his attaining that age.\nPART VII \u2013 Agreement with Designated and other Territories\n12.\nAgreement with designated and other territories\n12. (1) If a memorandum of agreement is executed between the Cayman Islands and\nany of the designated territories with a view to giving effect to the purposes of\nthis Law \u2014\n\nJustice Protection Law (2017 Revision)\nSection 13\n\nc\nRevised as at 1st day of May, 2017\nPage 17\n\n(a)\nit shall form the basis of cooperation between the Cayman Islands and\nthe designated territory in relation to the objectives outlined in the\nAgreement; and\n(b) this Law shall apply to the implementation of the agreement or other\narrangement with such modification as may be considered necessary or\nexpedient and any such modification thereto shall be effected by Order\nmade by the Cabinet.\n(2) Subsection (3) and section 29(2) apply where, in any exceptional circumstance\nit is considered expedient for the Cayman Islands to enter into a memorandum\nof agreement or any other scheme of arrangement with a country or territory\nthat is not a designated territory, for the purposes of \u2014\n(a)\nreceiving assistance from or rendering assistance to that country or\nterritory in relation to the relocation of a participant;\n(b) establishing a system of cooperation for the treatment and security of a\nparticipant of the Cayman Islands; or\n(c)\nexchanging such information as may be necessary for the administration\nof justice in the Cayman Islands as it relates to any specified witness.\n(3) This Law shall apply in the implementation of any memorandum of agreement\nor other scheme of arrangement entered into pursuant to subsection (2) with\nsuch modification as may, by an order made by the Cabinet, be considered\nnecessary or expedient.\nPART VIII- Register of Participants\n13.\nRegister of participants\n13. (1) The Centre shall maintain a register of participants which shall be accorded a\nsecurity classification not below \u201cTop Secret\u201d.\n(2) The register may be maintained by electronic means.\n(3) The Centre shall include in the register, the following details in respect of each\nparticipant \u2014\n(a)\nthe participant\u2019s name and assumed names, if any;\n(b) the participant\u2019s new name where he has been provided with a new\nidentity under the Programme;\n(c)\nthe participant\u2019s address;\n(d) details of any offences for which the participant has been convicted;\n(e)\nthe dates on which the participant entered and left the Programme;\n(f)\nthe matter giving rise to the participant\u2019s entry into the Programme; and\n(g) details of any approval or refusal pursuant to section 16(1).\n\nSection 14\nJustice Protection Law\n\nPage 18\nRevised as at 1st day of May, 2017\nc\n\n(4) The Centre shall keep the following ancillary documents along with the\nregister \u2014\n(a)\nthe original of each Memorandum of Understanding;\n(b) in respect of new identities, copies of each new document issued under\nthe Programme;\n(c)\nthe original of each approval granted by the Centre pursuant to\nsection 16(1);\n(d) any documents returned to the Centre pursuant to section 18(5); and\n(e)\nsuch other documents as the Director may direct to be kept.\n14.\nAccess to register\n14. (1) Subject to this section, the Centre shall be the only approved authority that\nshall have access to the register and to the ancillary documents.\n(2) The Centre may, if it is of the opinion that it is in the interest of the due\nadministration of justice to do so, allow another approved authority to have\naccess to the register and the ancillary documents.\n(3) Where the Centre allows an approved authority access to the register and the\nancillary\ndocuments,\nthe\nCentre\nshall\nnotify\nthe\nother\napproved\nauthorities of \u2014\n(a)\nthe identity of the authority to whom the access was allowed;\n(b) the information to which the authority was allowed access;\n(c)\nthe reasons for allowing access; and\n(d) the date and time of such access.\nPART IX - Protection under the Justice Protection Programme\n15.\nRights and obligations\n15. (1) Where a participant is entitled to exercise a right, is under an obligation or is\nsubject to any restriction, the appropriate approved authority shall take such\nsteps as are reasonably practicable to ensure that \u2014\n(a)\nthe right or obligation is dealt with according to law; and\n(b) the participant complies with the restriction.\n(2) The steps referred to in subsection (1) may include \u2014\n(a)\nproviding protection for the participant while the participant is attending\ncourt; and\n\nJustice Protection Law (2017 Revision)\nSection 16\n\nc\nRevised as at 1st day of May, 2017\nPage 19\n\n(b) notifying a party or possible party to legal proceedings, that the authority\nshall accept process issued by a court or tribunal on behalf of the\nparticipant, and nominating one of its officers for the purpose.\n(3) Where the authority is satisfied that a participant who has been provided with\na new identity under the Programme is using the new identity to \u2014\n(a)\navoid obligations that were incurred before the new identity was\nestablished; or\n(b) avoid complying with restrictions that were imposed on the participant\nbefore the new identity was established,\nthe authority shall give notice in writing to the participant stating that unless\nhe satisfies the authority that the obligations are dealt with according to law or\nthe restriction is complied with, the authority shall take such action as it\nconsiders necessary to ensure performance of the obligations or compliance\nwith the restrictions.\n(4) The action referred to in subsection (3) may include informing a person who is\nseeking to enforce rights against the participant, of the details of any property,\nreal or personal, owned by the participant under his former identity.\n16.\nNon-disclosure of former identity\n16. (1) A participant who has been provided with a new identity under the Programme\nshall not identify or disclose his former identity unless he has obtained the\nprior written approval of the Centre.\n(2) Notwithstanding subsection (1) and any other law, the participant shall in any\nproceedings, be entitled to claim that his new identity is his only identity.\n(3) In this section, \u201cparticipant\u201d includes a person who is no longer participating\nin the Programme but retains his new identity.\n17.\nCessation of protection and assistance\n17. (1) Protection or assistance provided under the Programme to a participant \u2014\n(a)\nshall be terminated by the Centre if the participant requests in writing\nthat it be terminated; or\n(b) may be terminated by the Centre if \u2014\n(i)\nthe participant deliberately breaches a term of the Memorandum of\nUnderstanding;\n(ii) the Centre discovers that the participant had knowingly given\ninformation to the Centre that was false or misleading in a material\nparticular;\n(iii) the participant\u2019s conduct is, in the opinion of the Centre, likely to\ncompromise the integrity of the Programme;\n\nSection 17\nJustice Protection Law\n\nPage 20\nRevised as at 1st day of May, 2017\nc\n\n(iv) the circumstances that gave rise to the need for protection or\nassistance for the participant cease to exist;\n(v) the participant deliberately breaches an undertaking, including an\nundertaking to give evidence, in relation to a matter, material to the\nProgramme;\n(vi) the participant refuses or fails to sign a new Memorandum of\nUnderstanding when required to do so under section 11(7); or\n(vii) there is, in the opinion of the Centre, no reasonable justification for\nthe participant to remain in the Programme.\n(2) Where the Centre decides under subsection (1)(b) to terminate protection or\nassistance or both under the Programme, the Centre shall \u2014\n(a)\ntake reasonable steps to notify the participant of the decision; and\n(b) notify the other approved authorities of the decision.\n(3) A participant who receives such a notification may, within twenty-eight days\nafter receiving the notice, apply in writing to the Director of Public\nProsecutions for a review of the decision of the Centre.\n(4) Where a participant applies for a review of the decision of the Centre, the\nDirector of Public Prosecutions shall \u2014\n(a)\nallow the participant a reasonable opportunity to state his case; and\n(b) review the decision of the Centre and \u2014\n(i)\nconfirm or reverse it; or\n(ii) vary it with the consent of the participant,\nand inform the participant in writing of the decision; and the decision of the\nDirector of Public Prosecutions shall be final.\n(5) A decision of the Centre pursuant to subsection (1)(b) to terminate protection\nor assistance or both shall be effected as follows \u2014\n(a)\nwhere the participant\u2019s whereabouts are unknown and the Centre has\ntaken reasonable steps to notify the participant of the decision but has\nbeen unable to do so or where, in the opinion of the Director of Public\nProsecutions, the participant is avoiding notification, the protection shall\nbe terminated at the end of the period of twenty-eight days after those\nsteps were commenced;\n(b) where the participant does not apply for a review of the decision in\naccordance with subsection (3), termination shall take effect at the end of\nthe period of twenty-eight days after the participant receives the\nnotification; or\n(c)\nif the participant applies for a review of the decision in accordance with\nsubsection (3) and the Director of Public Prosecutions notifies the\n\nJustice Protection Law (2017 Revision)\nSection 18\n\nc\nRevised as at 1st day of May, 2017\nPage 21\n\nparticipant that the decision of the Centre is confirmed, termination shall\ntake effect from the date of receipt of the notification.\n18.\nRestoration of former identity\n18. (1) Where a participant has been provided with a new identity under the\nProgramme and protection or assistance to the participant is terminated, the\nCentre may, if it considers it appropriate to do so, take such action as is\nnecessary to restore the former participant\u2019s former identity.\n(2) The Centre shall take reasonable steps to notify the former participant of its\ndecision under subsection (1).\n(3) Where the Centre decides to take action to restore the identity of the former\nparticipant, he may, within twenty-eight days after receiving the notification,\napply in writing to the Director of Public Prosecutions for a review of the\ndecision of the Centre.\n(4) Where an application is made, the Director of Public Prosecutions shall \u2014\n(a)\nbefore making a decision, give the former participant a reasonable\nopportunity to state his case; and\n(b) review the decision of the Centre and vary, confirm or reverse it, and\ninform the former participant, in writing, of the decision;\nand the decision of the Director of Public Prosecutions shall be final.\n(5) Where the Centre takes action under this section to restore the identity of the\nformer participant and the Centre requests the return of all documents that\nwere provided in relation to the new identity, he shall return those documents\nto the Centre within seven days after receiving the request.\n19.\nProvision of information to an approved authority\n19. Where another approved authority notifies the Centre that a participant who has\nbeen provided with a new identity or has been relocated, is under investigation for,\nor has been arrested or charged with an offence, the maximum penalty for which is\nor includes imprisonment for a period of more than one year, the Centre may \u2014\n(a)\nprovide the appropriate approved authority with \u2014\n(i)\nthe participant\u2019s new identity;\n(ii) the participant\u2019s criminal record and fingerprints; and\n(iii) such other information relating to the Programme as the Centre\nconsiders appropriate in the circumstances; and\n(b) cause the participant to appear before the appropriate authority.\n\nSection 20\nJustice Protection Law\n\nPage 22\nRevised as at 1st day of May, 2017\nc\n\nPART X - External Enforcement of Justice Protection\nProgramme\n20.\nExternal enforcement of Programme\n20. Without prejudice to any agreement or arrangement entered into pursuant to\nsection 12, the Cabinet may, by Order \u2014\n(a)\ndesignate any territory specified in Schedule 5 as a territory to which this\nLaw applies for the purposes of the relocation of participants under the\nProgramme;\n(b) specify appropriate overseas authorities within designated territories that\nare to give effect to the provisions of this Law in relation to the\nrelocation of participants under the Programme to designated\nterritories; and\n(c)\nspecify, in respect of designated territories, the steps that need to be taken\nthere for the purposes of the relocation of participants under the\nProgramme to designated territories.\nPART XI - Miscellaneous\n21.\nOfficers protected from suit in respect of decisions made under this Law\n21. Officers of the Centre and the JPIP Agency performing functions in relation to the\nProgramme, shall not be liable to any action, suit or other proceedings in respect of\nan act done or omitted to be done in good faith in the exercise or purported exercise\nof a power conferred by this Law.\n22.\nOffences\n22. (1) A person who, without lawful authority, discloses information \u2014\n(a)\nabout the identity or location of a person who is or has been a\nparticipant; or\n(b) that compromises the safety or security of a participant or the integrity of\nthe Programme,\ncommits an offence.\n(2) A person who is or has been a participant or a person who has undergone\nassessment for inclusion in the Programme and without being authorised by\nthe Centre, discloses \u2014\n(a)\nthe fact of such participation or assessment;\n(b) information as to the way in which the Programme operates;\n(c)\ninformation about any officer of the Centre who is or has been involved\nin the Programme;\n\nJustice Protection Law (2017 Revision)\nSection 23\n\nc\nRevised as at 1st day of May, 2017\nPage 23\n\n(d) the fact that he has signed a Memorandum of Understanding; or\n(e)\nany details of a Memorandum of Understanding that he has signed,\ncommits an offence.\n(3) A person who \u2014\n(a)\noffers any bribe, gratification or other inducement to any person\nemployed in the administration of this Law, for the purpose of obtaining\ninformation which could prejudice the safety or security of a participant\nor the integrity of the Programme; or\n(b) being a person employed in the administration of this Law, accepts any\nbribe, gratification or other inducement in exchange for the information\nreferred to in paragraph (a),\ncommits an offence.\n(4) A person who commits an offence under subsection (1), (2) or (3) is liable \u2014\n(a)\non summary conviction to a fine of fifteen thousand dollars or to\nimprisonment for a term of ten years, or to both; and\n(b) on conviction on indictment, to a fine of thirty thousand dollars or to\nimprisonment for a term of fifteen years, or to both.\n(5) A person who, without reasonable excuse, fails to return the documents\nreferred to in section 18(5) in accordance with that section, commits an\noffence and is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars or to\nimprisonment for a term of three years, or to both; and\n(b) on conviction on indictment, to a fine of twenty thousand dollars or to\nimprisonment for a term of six years, or to both.\n23.\nOfficers not required to disclose information\n23. (1) Subject to subsection (2), no officer of the Centre, or the JPIP Agency shall be\nrequired to \u2014\n(a)\nproduce in any court or to another approved authority, any document that\nhas come into the custody or control of the Centre or, the JPIP Agency in\nthe course of, or because of, the performance of functions or duties under\nthis Law; or\n(b) divulge, communicate or produce to or before such a body, any matter or\nthing that has come to the notice of the officer in the performance of\nfunctions or duties under this Law,\nexcept where \u2014\n(i)\nit is necessary to do so for the purpose of carrying the provisions of\nthis Law into effect; or\n\nSection 24\nJustice Protection Law\n\nPage 24\nRevised as at 1st day of May, 2017\nc\n\n(ii) a court, on an application, considers that it is necessary to do so in\nthe interest of justice and that such production or disclosure is not\nlikely to adversely affect the intent and purposes of this Law, and\norders accordingly.\n(2) Where a court makes an order under subsection (1) for production or\ndisclosure, the Director of Public Prosecutions or a person aggrieved by the\norder may \u2014\n(a)\nupon the making of the order, give oral notice; or\n(b) within seven days of the making of the order, give written notice,\nof his intention to appeal against the order.\n(3) Where notice is given under subsection (2), the court shall stay the execution\nof the order pending the outcome of the appeal.\n(4) Where, in the determination of legal proceedings it becomes necessary for the\njudge or magistrate presiding to be advised of a person\u2019s participation in the\nProgramme, the Director of Public Prosecutions may issue a certificate in the\nform set out in Schedule 6.\n(5) A certificate issued under subsection (4) shall be conclusive evidence that the\nperson named therein is a participant in the Programme for any of the purposes\nof the legal proceedings and the judge or magistrate shall not disclose the fact\nof that person\u2019s participation in the Programme otherwise than in accordance\nwith this Law.\n24.\nRequirement where participant becomes a witness in criminal proceedings\n24. (1) Where \u2014\n(a)\na person is provided with a new identity under the Programme;\n(b) the person retains that identity, whether or not he remains a\nparticipant; and\n(c)\nthe person is to appear as a witness in criminal proceedings under that\nidentity,\nthe person shall notify the Centre that he is to appear as a witness in such\nproceedings.\n(2) After being notified under subsection (1), the Centre may take any action it\nconsiders appropriate in the circumstances, except that where the person has a\ncriminal record, the Centre shall disclose that criminal record to the court, the\nCrown Counsel and the accused person or the accused person\u2019s attorney-atlaw.\n\nJustice Protection Law (2017 Revision)\nSection 25\n\nc\nRevised as at 1st day of May, 2017\nPage 25\n\n25.\nIdentity of participant not to be disclosed\n25. If in any proceedings in any court, the new identity of a person who is a participant\nis in issue or may be disclosed, the court shall, unless it considers that the interests\nof justice require otherwise \u2014\n(a)\nhold that part of the proceedings that relate to the identity of the\nparticipant in camera; and\n(b) make such order restricting the publication of evidence given before the\ncourt as in its opinion will ensure that the identity of the participant is not\ndisclosed.\n26.\nAnnual reports\n26. (1) Subject to subsection (2), the Centre shall submit to the Cabinet through the\nAttorney General, annual reports on the general operation, performance and\neffectiveness of the Programme.\n(2) A report under subsection (1) shall not contain any matter which in the opinion\nof the Centre, is likely to prejudice the effectiveness or security of the\nProgramme.\n27.\nRegulations\n27. (1) The Cabinet may make regulations prescribing all matters which are required\nor permitted to be prescribed or necessary or convenient to be prescribed for\ncarrying out or giving effect to the provisions of this Law.\n(2) Without prejudice to the generality of subsection (1), the Cabinet may make\nregulations \u2014\n(a)\nrespecting the establishment of identities of participants and any matters\nrelating thereto;\n(b) adopting such measures as are necessary and reasonable to secure the\nsafety, health and welfare of participants;\n(c)\nfacilitating the relocation of participants within the Cayman Islands and\nto and from a designated territory pursuant to any agreement or scheme\nof arrangement entered into pursuant to section 12;\n(d) providing for access by participants to their attorneys-at-law and vice\nversa; and\n(e)\nestablishing a mechanism for the monitoring and reviewing of the\nProgramme.\n(3) Regulations made under this section are subject to negative resolution.\n\nSection 28\nJustice Protection Law\n\nPage 26\nRevised as at 1st day of May, 2017\nc\n\n28.\nDesignation of approved authorities\n28. The Cabinet may by Order designate such person or body as the Cabinet in\nconsultation with the Attorney General sees fit as an approved authority for the\npurposes of this Law.\n29.\nAmendment of Schedules\n29. (1) The Cabinet may by Order amend Schedule 1, 2, 3 or 6 to this Law.\n(2) Notwithstanding section 20 and the definition of \u201cdesignated territory\u201d in\nsection 2, the Cabinet may by Order amend Schedule 5 to include any other\nterritory or country and any reference in this Law to a designated territory\nshall be construed as a reference to that other territory or country.\n30.\nSavings\n30. Any Memoranda of Understanding or any arrangements with any persons in relation\nto protection or assistance that existed at the date of commencement of this Law,\nshall continue in force on the same terms and conditions until they are replaced by\nMemoranda of Understanding under this Law.\n\nJustice Protection Law (2017 Revision)\nSCHEDULE 1\n\nc\nRevised as at 1st day of May, 2017\nPage 27\n\n SCHEDULE 1\nsection 2\nPROSPECTIVE PARTICIPANTS IN THE JUSTICE PROTECTION\nPROGRAMME\n\nWitnesses and their associates\nAny person designated in writing by the Commissioner of Police\n\nSCHEDULE 2\nJustice Protection Law\n\nPage 28\nRevised as at 1st day of May, 2017\nc\n\nSCHEDULE 2\nsection 6\nOFFENCES WHICH MAY GIVE RISE TO PROTECTION UNDER THE\nJUSTICE PROTECTION PROGRAMME\n\nArson and related offences;\nAssaults endangering life and health, and other serious assaults;\nCorruption Offences;\nCriminal damage to property and related offences\nDrug offences\nFirearms and ammunition offences\nHijacking\nHomicide\nMoney laundering offences\nOffences against property\nOffences against the administration of justice\nOffences against the Crown and offences against public order\nOffences against the person\nOffences involving domestic violence\nPiracy\nRobbery\nSexual offences\nTerrorism and related offences\n\nJustice Protection Law (2017 Revision)\nSCHEDULE 3\n\nc\nRevised as at 1st day of May, 2017\nPage 29\n\nSCHEDULE 3\nsection 11\nCONTENTS OF MEMORANDUM OF UNDERSTANDING\n\nThe basis on which a prospective participant is to be included in the Programme.\nThe details of the protection or assistance that is to be provided.\nThe terms and conditions upon which protection or assistance shall be provided to the\nprospective participant.\nAn undertaking that the participant will not compromise, directly or indirectly, the\nsecurity of, or any other aspect of, the protection or assistance, or both, being provided.\nAn undertaking that the participant will comply with all reasonable directions of the\nCentre in relation to the protection or assistance, or both, provided to him.\nAn undertaking that the prospective participant or participant, as the case may be, shall, if\nrequired to do so by the Centre -\n(a) undergo medical tests or examinations and psychological or psychiatric evaluations\nby medical officers approved by the Centre for those purposes; and\n(b) undergo drug or alcohol counselling or treatment,\nand authorise that the results be made available to the Centre.\nA list of all outstanding legal obligations and a statement by the prospective participant,\nof the arrangements which have been made to meet those obligations.\nA financial support arrangement.\nAn undertaking by the prospective participant to disclose to the Centre, details of any\ncriminal charges that are made against him, and any civil or bankruptcy proceedings that\nare instituted against him after his inclusion in the Programme.\nA provision to the effect that protection or assistance under the Programme may be\nterminated if the participant breaches a term of the Memorandum of Understanding.\n\nSCHEDULE 4\nJustice Protection Law\n\nPage 30\nRevised as at 1st day of May, 2017\nc\n\nSCHEDULE 4\nRepealed by section 23 of Law 12 of 2016\n\nJustice Protection Law (2017 Revision)\nSCHEDULE 5\n\nc\nRevised as at 1st day of May, 2017\nPage 31\n\nSCHEDULE 5\nsection 20(a)\nTERRITORIES THAT MAY PARTICIPATE IN THE JUSTICE\nPROTECTION PROGRAMME\n\nAnguilla\n\nBermuda\n\nBritish Virgin Islands\n\nMontserrat\n\nTurks and Caicos Islands\n\nSCHEDULE 6\nJustice Protection Law\n\nPage 32\nRevised as at 1st day of May, 2017\nc\n\nSCHEDULE 6\nsection 23\nJUSTICE PROTECTION PROGRAMME CERTIFICATE\nSECTION 23(4) and (5) OF THE JUSTICE PROTECTION LAW (2017\nRevision)\nFor the purposes of section 23(4) and (5) of the Justice Protection Law (2017 Revision)\nthe Director of Public Prosecutions hereby certifies that\n\n____________________________\n(Date of birth:                 )\nOf\n\n____________________________\n\nis a participant in the Justice Protection Programme.\n\nDated this        day of                 , 20\n\n___________________________\nDirector of Public Prosecutions\n\nNOTE: Under section 23(4) and (5) of the Justice Protection Law (2017 Revision) this\ncertificate is conclusive evidence in legal proceedings that the person named herein is a\nparticipant in the Justice Protection Programme.\nPublication in consolidated and revised form authorised by the Cabinet this 22nd\nday of May, 2017.\nClerk of Cabinet","akn_extracted_at":"2026-06-22 15:33:38.170321+00","cms_id":"2008-0016","law_type":"principal","year":"2008","number":"16","title":"Justice Protection Act","status":"in_force"},"provenance":{"files":[{"file_id":"16733","expr_id":"100","kind":"akn_xml","filename":"2008-0016_2017 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.akn.xml","content_md5":"e1fa8771bbaef83d00cfb109b568e539","byte_size":"49446","http_last_modified":null,"fetched_at":"2026-06-22 15:33:38.493281+00"},{"file_id":"199","expr_id":"100","kind":"pristine_pdf","filename":"2008-0016_2017 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.pdf","content_md5":"bc321131dd9b94988b2bdbed49f58563","byte_size":"548741","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.707259+00"},{"file_id":"200","expr_id":"100","kind":"working_pdf","filename":"2008-0016_2017 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2008\/2008-0016\/2008-0016_2017 Revision.pdf","content_md5":"bc321131dd9b94988b2bdbed49f58563","byte_size":"548741","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.707259+00"}],"paragraph_count":22,"latest_history":null},"quality":{"expr_id":"100","doc_id":"100","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows partial truncation at end of Section 2 and significant omitted text; 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