How long does witness protection last




















I trusted no-one. If someone wanted to come in the day to fix something, like a gas man… I was paranoid that he was going do something to me. Really paranoid. There is always a worry that one day a person on the programme will be found. Cooke says that no-one has ever been seriously injured or killed on the programme, but people have been found - usually when they compromise themselves, by going back to their original location for example.

I'm still paranoid now," says Jason. I am happy to have a different name. I'm happy to have a fresh start. People's lives are often turned upside down when they go on to the scheme.

But it's important to remember the alternative. Carla's experience, particularly at the beginning, was difficult but she was able to be kept safe. Jason had come to resent gang life, and for him protection introduced a level of normality in his life that he'd never had before. But, for Carla, there is still bitterness about the circumstances under which she entered the scheme.

You get to have family visits every week. I didn't see my parents for ages… I only got to see my kids for a few hours. But Cooke says, for the most part, people's lives are "more normal" and "less chaotic" as a result of the scheme. A separate application has to be made for a trial anonymity order under sections 86 to 90 of the Coroners and Justice Act The Director's Guidance on Witness Anonymity sets out the procedure to be followed when considering whether or not to apply to the court for a witness anonymity order.

The Act and the Guidance apply to all witnesses, including undercover police officers and police officers involved in test purchase operations. In some very serious cases the risk to a witness is so great that they may need to relocate to another part of the UK and even change their identity. Witness Protection is the means of providing protection measures for people involved in the criminal justice process who find themselves at risk of serious personal harm as a result of that involvement.

Witness Protection, as defined within the Serious Organised Crime and Police Act , is generally directed to those persons who have provided crucial evidence and against whom there is a substantial threat. This definition does not preclude police forces and law enforcement agencies from offering protection measures to witnesses and others at risk. The ramifications for individual witnesses who have to participate in Witness Protection are immense and it should only be used sparingly.

The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey.

Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Witness protection and anonymity Legal Guidance. Reporting restrictions Section 46 of the YJCEA enables courts to make a reporting direction in relation to adult witnesses which prohibits any matter relating to the witness to be included in any publication during the lifetime of the witness if it is likely to lead members of the public to identify the individual as a witness in criminal proceedings.

The court must apply a two stage test to determine whether a witness is eligible for this protection along much the same lines as an application for special measures for an adult under section 16 or section 17 of the YJCEA, namely: is the witness eligible for protection; and is a reporting direction likely to improve the quality of the evidence given by the witness?

Applications to hold a Crown Court hearing in camera There are certain situations where proceedings can be heard in camera, i. Withholding the name of a witness Ordinarily a witness will be required to give their name at the beginning of examination-in-chief. Anonymity Applications for witness anonymity can be made pre-trial under sections 74 to 85 of the Coroners and Justice Act Some witnesses who are already in state or federal prison may also eligible for the Witness Security Program if they meet the criteria of the program.

In addition to the other conditions of the program, prisoner witnesses are required to take a polygraph test. Entry into the program can be denied depending on the results of the polygraph test. Incarcerated witnesses are managed by the U.

Federal Bureau of Prisons and often will be transferred to a new prison once in the program to serve the remainder of their sentence. Once out, their case will be re-evaluated to determine if they need to be relocated to a safe city. The Witness Security Program is designed to create total anonymity for witnesses and help them blend into a new city where they most likely won't be recognized.

Following the acceptance of a witness into the program, the Marshals Service is tasked with creating a new identity and finding a new city for the witness, his family and any endangered associates. This requires the coordination of multiple government agencies, good timing and total secrecy. After the witness receives a pre-admittance briefing by Marshals Service personnel and agrees to enter the program, he and his family are immediately removed from their current location and taken to a temporary, secure holding area.

While witnesses are given a fresh start in a new community, their past transgressions are not completely ignored. The Marshals Service often notifies local law enforcement in the new community of the presence of the witness and his criminal history. The Marshals Service also can mandate random drug or alcohol testing and set other conditions to ensure the success of the program.

In return, the Marshals Service will:. As far as choosing a new name, witnesses can have their pick. Name changes are done by the court system just like any name change, but the records are sealed. Once in the program, the Marshals Service provides hour protection while they are in a high-threat area, including pre-trial proceedings and court appearances.

In the next section, we'll look at how the Marshals Service gets a witness to and from court without incident. Entering the Witness Security Program is not like winning the lottery. There is no forgiveness of loans or other obligations. Before entering the program, witnesses must first pay any existing debts and satisfy any outstanding criminal or civil obligations. They also must provide appropriate child custody documents proving that their kids are indeed theirs.

Witness security is open to more than just witnesses testifying against Mafia members. Today, there is a greater effort to find witnesses who will testify against terrorist organizations that are less organized and more dangerous.

This increases the complexity of hiding witnesses, as many of those who can testify against foreign terrorists are in the United States illegally. Foreign-born witnesses require a number of additional documents from the Immigration and Customs Enforcement division of the Department of Homeland Security.

Witnesses who are illegal aliens cannot be relocated until the immigration requirements are satisfied and the necessary documents are provided to the OEO or Marshals Service. Prosecutors must also convince immigration officials not to deport witnesses and to remove those witnesses from terrorist watch lists. Additionally, everyone involved in managing the program must adjust to cultural and language differences. Perhaps the riskiest part of the process is when the witness returns to testify.

A great number of precautions are taken, and security is maximized at this time. In his book, Shur describes bringing witnesses in mail trucks, helicopters and fishing boats. In one instance, an armored car was sent with a full police escort as a decoy while former Mafia member Joseph Barboza was snuck in through a side door of the courthouse.

At trial, even witnesses no longer in the program are given protection if they are testifying in cases for which the witness originally entered the program. Taking such drastic measures to protect witnesses has paid off for prosecutors. Housing, subsistence for basic living expenses and medical care are provided to the witnesses. Job training and employment assistance may also be provided. Marshals provide hour protection to all witnesses, while they are in a high-threat environment including pretrial conferences, trial testimonials and other court appearances.

No Witness Security Program participant, following program guidelines, has been harmed or killed while under the active protection of the U.



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