17Power of Supreme Court to make order

17 Power of Supreme Court to make order

17 Power of Supreme Court to make order

The Supreme Court may make a witness protection order if it is satisfied that—

(a) the person named in the application as a participant—

(i) was a witness to or has knowledge of an indictable offence and is or has been a witness in criminal proceedings relating to the indictable offence, or

(ii) is a person who, because of the person’s association with a person to whom subparagraph (i) applies, may require protection or other assistance under this Act or (in the case of an order applied for by the designated authority for a complementary witness protection law) under that law, and

(b) the life or safety of the person may be endangered as a result of the person being a witness, and

(c) the person has entered into—

(i) a memorandum of understanding under section 8, or

(ii) an interim memorandum of understanding under sections 8 and 10, or

(iii) for an order relating to an application made by the designated authority for a complementary witness protection law—a memorandum of understanding under the corresponding provision of that law, and

(d) the person is likely to comply with the memorandum of understanding, and

(e) for an order to remove an identity record under section 15(1)(b)(i)—there is a risk of the identity record linking the participant’s previous identity and new identity.

s 17: Am 2002 No 54, Sch 1 [22] [23]; 2024 No 89, Sch 1[23]–[26].