14
Inclusion of a Witness in the Program
Act: Balochistan Witness Protection Act 2016
Section Provisions
ACT IV OF 2016 ACT IV OF 2016 BALOCHISTAN WITNESS PROTECTION ACT, 2016 An Act to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan [Gazette of Balochistan Extraordinary, 5th April, 2016] No. PAB/Legis:V(25)/2016, dated 5.4.2016.---The Balochistan Witness Protection Bill, 2015 (Bill No 25 of 2015) having been passed by the Provincial Assembly of Balochistan on 26th March 2016 and assented by the Governor, Balochistan on 29th March 2016 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS it is expedient to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan and for matters ancillary thereto; It is hereby enacted as follows: 14. Inclusion of a Witness in the Program.---(1) The Chief Witness Protection Officer shall be responsible to decide for inclusion of a witness in the Program, and shall give due regard to the report and recommendations of the committee specified in section 9 and the witness protection officer concerned, in terms of the following: (a) the seriousness of the offence to which the statement or evidence of the witness relates; (b) the nature and importance of that statement or evidence; (c) the nature of the perceived danger to the witness; (d) the nature of the witness s relationship to any other witness being assessed for inclusion in the Program; (e) any danger that the interest of the community might be affected, if the witness or any related person is not placed under protection; (f) the nature of the proceeding in which the witness has given evidence or is or may be required to give evidence, as the case may be; (g) the probability that the witness or any related person will be able to adjust to protection, having regard to the personal characteristics, circumstances and family or other relationship of the witness or related person; (h) the cost likely to be involved in the protection of the witness or any related person; (i) the results of any psychological or psychiatric examination or evaluation of the witness conducted to determine his or her suitability for inclusion in the program; (j) whether there are viable alternative methods of protecting the witness; (k) whether the witness has a criminal record, particularly in respect of violent crime, which indicates a risk to the public if he or she is included in the program; and (l) any other factor that the head of the Unit deems relevant. (3) A witness shall not be included in the Program unless the witness, or a person legally responsible for the person, agrees in writing to be included in the Program.