Witness protection

A protected witness guarded by U.S. Marshals.

Witness protection is protection of a threatened witness or any person involved in the justice system, including defendants and other clients, before, during and after a trial, usually by police. While a witness may only require protection until the conclusion of a trial, some witnesses are provided with a new identity and may live out the rest of their lives under government protection.

Witness protection is usually required in trials against organized crime, where law enforcement sees a risk for witnesses to be intimidated by colleagues of defendants. It is also used at war crime trials.

Witness protection by country

Not all countries have formal witness protection programs, instead, local police may implement informal protection as the need arises in specific cases.

Canada

Canada's Witness Protection Program Act was assented into law June 20, 1996 by then Governor General Roméo LeBlanc.

New Zealand

The New Zealand Police provide protection for witnesses against members of criminal gangs and serious criminals who feel threatened or intimidated. They run a Witness Protection Programme that monitors the welfare of witnesses and if necessary, helps create new identities. There is an agreement between the police and the Department of Corrections to ensure that protected witnesses receive appropriate protection from that department.

In 2007 the programme became the subject of public controversy when the previous conviction for drunk driving by a now protected witness was withheld from police and this resulted in him being able to continue driving and kill another motorist in a road accident while intoxicated.

Republic of China (Taiwan)

The Republic of China promulgated the Witness Protection Act on February 9, 2000 in Taiwan Area.

Republic of Ireland

The system in the Republic of Ireland is administered by the Attorney General of Ireland. The first person to ever use the system was Charles Bowden, who turned states witness in the murder of journalist Veronica Guerin.

Switzerland

Swiss law does not provide for a witness protection program. The cantonal police may provide ad hoc protection in exceptional cases.

Ukraine

In Ukraine the safety of witnesses is conducted by different agencies depending on the nature of the case and the location of the trial, such as the special judicial police unit Gryphon (part of the Ministry of Internal Affairs), the Security Service of Ukraine and the special police unit Berkut.

United Kingdom

The UK has a system administered by local police forces, however there are reports of a full nationwide team to be created.

United States

Further information: United States Federal Witness Protection Program

The United States established a formal program of witness protection as part of the Organized Crime Control Act of 1970. Prior to that program, witness protection was also instituted after the American Civil War as part of the Ku Klux Klan Act of 1871 to protect people testifying against members of the Ku Klux Klan. In the 20th century, the Federal Bureau of Investigation also crafted new identities to protect witnesses.

Many states, including Texas, California, Illinois, Connecticut, and New York, as well as Washington, D.C., have their own witness protection programs for crimes not covered by the federal program. The state-run programs provide less extensive protections than the federal program.

Before witness protection funds can be sought, law enforcement must conduct an assessment of the threat or potential for danger. This assessment includes an analysis of the extent the person or persons making the threats appear to have the resources, intent, and motivation to carry out the threats and how credible and serious the threats appear to be. When threats are deemed credible and witnesses request law enforcement assistance, witness protection funds can be used to provide assistance to witnesses which helps law enforcement keep witnesses safe and help ensure witnesses appear in court and provide testimony.

Special arrangements, known as S-5 and S-6 visas, also exist to bring key alien witnesses into the US from overseas. T visas may be used to admit into the United States victims of human trafficking willing to assist in prosecuting the smugglers.