Cap. 164 Art. 56Protection of identity.      Cap. 527.

(1) Notwithstanding the other provisions of this Title, where the Commissioner is of the opinion that the identity of a person merits to be protected, in circumstances where such person is willing to give the Police reliable information and documents relating to the commission of a crime consisting of an improper practice as defined in the Protection of the Whistleblower Act, which information and documents constitute reliable evidence which can be used in criminal proceedings and which provide a reasonable chance of conviction of another person for the commission of such an offence, he may recommend to the Attorney General that such person be admitted to the witness protection programme only to the extent and for the purpose that his identity as the source of the said information and documents be protected.

(2) If the Attorney General, after receiving a request in accordance with sub-article (1) and acting in his own individual judgement, agrees that such protection of identity should be granted, whether subject to conditions or unconditionally, he shall issue a certificate to that effect and the Commissioner shall be entitled to protect the identity of the said person and not to give any information in any court on the identity of the said person on the basis of the said certificate.

(3) When a certificate as referred to in sub-article (2) is issued, no proceedings may at any time be taken ex officio against the person in favour of whom the certificate is issued only on the basis of the information and documents supplied by that person to the Police.

(4) It shall be lawful for the Attorney General, acting in his own individual judgement and after consulting the Commissioner, to revoke the said certificate, either from the original date of issue or from the date of revocation if he is satisfied that the said certificate was obtained fraudulently or on the basis of materially incorrect or misleading information having been given to the Commissioner by the person in whose favour the certificate was issued or by any other person on his behalf. In exercising his power under this sub-article the Attorney General shall give reasons for his decision.

(5) A revocation made in terms of sub-article (4) shall be without prejudice to any criminal or civil liability of any person involved in wrongfully obtaining the said certificate.

(6) Nothing in this article shall be interpreted as a derogation from any right of the Police to protect its informers in general as may result from any law in force or applicable from time to time.