• Application may be made without the consent of his guardian or parent if the applicant and the relevant investigating official and or Public Prosecutor can prove to the Director that exceptional circumstances exist that warrant such an application.
• Where an application is made for the inclusion of a child to the programme without the consent of the parents or legal guardian, the Director of the Agency shall decide if it is necessary for the child’s safety, that he/she be included on to the programme and after applying to the High Court for a protection order, assume care over the child.

In performing its functions under the Witness Protection Act, the Agency shall give due regard to the particular needs of vulnerable witness. The Agency may assign, as appropriate, a support person to assist the vulnerable witness through all stages of the Witness Protection Programme. Vulnerable witnesses include, children, victims of sexual and gender based violence, elderly, ill person, witnesses to certain types of offences and witnesses with close relationship to the perpetrator among others.

The Witness Protection Officer shall immediately undertake a threat and risk assessment upon receipt of an application and submit the recommendations to the Director. These relate to:

• Nature of protection to be provided
• Duration of protection
• Any considerations for such placement

If the application is declined, the Protection Officer provides recommendations on the way forward or alternatives including the period within which the application should be finalized.

The Director of the Agency shall determine resettlement and relocation of witnesses on a case by-case basis. The necessary resettlement forms shall then be completed.

A Witness Protection Officer may give instructions to the witnesses and to persons related to the witnesses, which the officer may consider necessary in the circumstances. Witnesses who do not adhere to issued instructions may be removed from the programme, in accordance with the Act.

• All documentation and information provided to the Agency by witnesses or persons related to witnesses are deemed confidential and treated as such.
• The Agency shall undertake various measures required to ensure its staff to undergo comprehensive security screening periodically to ensure the maintenance of strict confidentiality at all times.

Where a witness declines to continue with protection assistance or the Director has lawfully suspended the protection, the witness or person related to the witness shall complete discharge form.