The Witness Security Programme in

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

is administered by the

Attorney General of Ireland The attorney general of Ireland () is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does participate in cabine ...

, and is operated by the ''

Garda Síochána (; meaning "the Guardian(s) of the Peace") is the national police and security service of Republic of Ireland, Ireland. It is more commonly referred to as the Gardaí (; "Guardians") or "the Guards". The service is headed by the Garda Commissio ...

'', the national police force.

Witness protection Witness protection is security provided to a threatened person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after trials, usually by police. While witnesses may only require p ...

in Ireland is used in cases of serious,

organised crime Organized crime is a category of transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some ...

and

terrorism Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...

. The programme is under the operational control of the elite Garda

Special Detective Unit The Special Detective Unit (SDU) () is the main domestic security agency of the ''Garda Síochána'', the national police force of Ireland, under the aegis of the Crime & Security Branch (CSB). It is the primary counter-terrorism and counter-es ...

(SDU), attached to the Garda Crime & Security Branch (CSB).

Structure and operation

The Garda Witness Protection Unit is the small, dedicated and highly secretive group that runs the Witness Security Programme. The Witness Protection Unit is a subsection of the Special Detective Unit, which falls under the remit of the Crime and Security Branch at Garda Headquarters. The unit is headed by a

Detective Inspector Inspector, also police inspector or inspector of police, is a police rank. The rank or position varies in seniority depending on the organization that uses it. Australia The rank of Inspector is present in all Australian police forces excep ...

, who is answerable to the

Detective Chief Superintendent Chief superintendent is a senior rank in police forces, especially in those organised on the United Kingdom, British model. Rank insignia of chief superintendent File:Sa-police-chief-superintendent.png, South Australia Police File:RCMP Chief S ...

in charge of the SDU, the Assistant Commissioner in charge of Crime and Security and ultimately the

Garda Commissioner The Garda Commissioner () – officially known as the Commissioner of An Garda Síochána () – is the head of the Garda Síochána, the national police force of Ireland. The Garda Commissioner is appointed by the Government of Ireland (Cabine ...

. All detectives attached to witness protection duties are heavily armed. Further reinforcements can be drawn from the SDU when there is a need. According to the

Department of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

, the Garda Witness Security Programme is operated in "a significant number" of cases, although no details were released as to how many participants are currently under the protection of the programme. The annual budget for the programme was €1.198 million in 2013, and was expected to be the same in 2014. The Witness Security Programme operates nationally, and was officially established in 1997, following the assassination of journalist

Veronica Guerin Veronica Guerin Turley (5 July 1959 – 26 June 1996) was an Irish investigative journalist focusing on organised crime in Ireland, who was murdered in a contract killing believed to have been ordered by a South Dublin-based drug cartel. Bor ...

by a drugs gang she was reporting on, and the subsequent trial that followed, whereby a gang member turned state's witness. The programme is designed to protect witnesses before, during and after court trials against attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic

witness intimidation Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within Criminal proceedings, criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases ...

, and where otherwise the witnesses may refuse to testify. In circumstances where the Senior Investigation Officer (''Garda Síochána'') in a case has identified a witness who is crucial to the case and the evidence to be proffered is not available elsewhere, and where there is a credible threat to the life of the witness and/or their family, an application can be made - with the consent of the witness - to have them included in the Witness Security Programme. Relatives of those who are under the protection of the programme may be protected and relocated if their safety is deemed to be at risk. The majority of those in the programme have been involved in criminal activity themselves. The

Minister for Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

will only grant protection to those who cooperate with investigations conducted by the ''Garda Síochána''. According to the Office of the Director of Public Prosecutions (DPP), it is estimated that 25% of crimes in Ireland are not reported due to intimidation, and one in 10 crimes reported to Gardaí result in overt intimidation against witnesses, often culminating in the collapse of prosecutions. Witnesses in the programme are given a new identity, address and armed police protection either in Ireland or abroad (generally in

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countries, such as the

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and

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). Law enforcement in host countries may cooperate with the ''Garda Síochána'' in providing security for witnesses in the programme, such as the

United States Marshals Service The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

. Protectees are usually provided with financial assistance, as they must leave their employment. Court appearances by witnesses in protection are carried out under the security of the

Garda Emergency Response Unit The Emergency Response Unit (ERU) () is the police tactical unit of the ''Garda Síochána'', Republic of Ireland, Ireland's national police and security service. The unit was a section of the forces' Special Detective Unit (SDU), under the Gar ...

(ERU), the premier armed tactical operations group in Irish law enforcement (and a section of the SDU). The Irish Prison Service may also be involved in providing security to witnesses if they are in prison at the time. There has never been a reported breach of security in which a protectee was harmed.

Legislation

Legislation was not required to establish the programme, but its operation is supported by a number of legislative provisions. The intimidation of witnesses is an offence pursuant to Section 41 of the

Criminal Justice Act Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada, Malaysia, Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that law). It tends t ...

1999. Section 41 specifies the offence as harming, threatening or menacing, or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the ''Garda Síochána'', with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence is punishable on indictment by a fine and/or a term of imprisonment of up to 15 years. Section 40 of the same Act makes it an offence for any person, without lawful authority, to make an attempt to identify the whereabouts or any new identity of a witness who has been relocated under the programme. The offence is punishable on indictment by a fine and/or a term of imprisonment of up to five years.

References

External links

Office of the Attorney General official website

Office of the Director of Public Prosecutions (DPP) official website

Garda Síochána official website
{{Garda Síochána Garda Crime and Security Branch

Witness Security Programme

Structure and operation

Legislation

See also

References

External links