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15

Protection Agreement

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: 15. Protection Agreement.---(1) Subject to subsection (2), the Chief Witness Protection Officer, before placing any witness or related person under protection, shall (a) enter into a written protection agreement with such witness; and (b) where applicable, enter into a separate written protection agreement with each related person, setting out the obligations of the Chief Witness Protection Officer and the witness or related person in respect of his or her placement under protection. (2) A protection agreement shall set out the terms and conditions under which a witness or related person is to be placed under protection, including (a) an obligation on the Chief Witness Protection Officer (i) to take such reasonable steps as are necessary to provide the protected person with the protection and related services, as referred to in the protection agreement concerned; and (ii) not to keep a protected person under protection in any prison or police cell, unless otherwise agreed upon; (b) an obligation on the witness or the related person (i) where applicable, to give the evidence as required in the proceedings to which the protection relates; (ii) to meet all financial obligations incurred by him or her that are not payable by the Unit in terms of the protection agreement; (iii) to meet all legal obligations, including any obligation regarding the custody and maintenance of children and taxation obligations; (iv) to refrain from activities that constitute a criminal offence; (v) to refrain from activities that might endanger his or her safety or that of any other protected person; (vi) to accept and give effect to all reasonable requests and directions made or given by any member of the Unit in relation to the protection provided to him or her and his or her obligations; (vii) to inform the Unit of any civil proceedings which have or may be instituted by or against him or her or in which he or she is otherwise involved; (viii) to inform the Unit of any proceedings in which he or she was or may be involved, either as a witness or accused or otherwise; and (ix) not to endanger the security or any other aspect of the protection of witnesses and related persons or related services or any other matter relating to a Program provided for in this Act; (c) any other prescribed terms and conditions or obligations agreed upon; and (d) a procedure in accordance with which the protection agreement may, if necessary, be amended.