Chapter 4: Protection of witnesses and other persons
Section 82: Protection of persons involved in investigations or proceedings
189.Section 82 makes provision for the protection of witnesses and certain other persons involved in investigations or legal proceedings. Arrangements for protection under section 82 may be made by protection providers (that is, the persons listed in subsection (5)). Subsection (7) ensures that other powers to provide protection are not affected. This means that persons who are not protection providers will still be able to provide protection to witnesses and others under their existing powers. It also means that protection providers may continue to use other powers. For example, if the only protection required is the provision of a security lock or a panic alarm, a protection provider may think it appropriate to use his existing powers rather than rely on section 82.
190.Subsection (1) allows a protection provider to make appropriate arrangements for protecting people. Subsection (2) allows the provider to vary or cancel these arrangements.
191.Subsection (3) requires a protection provider to make a record of arrangements made or cancelled specifically under these provisions. The effect of this will be to clarify whether protection is being provided under these provisions or whether it is being provided under other powers (see the comments about subsection (7) in paragraph 189 above).
192.Subsection (4) sets out the criteria which the protection provider must consider in deciding whether or not to provide protection.
193.Subsection (5) lists the persons who are statutory protection providers for the purposes of the Chapter.
194.Subsection (6) enables the Secretary of State, following consultation with Scottish Ministers, to amend by order (subject to the affirmative procedure) the list in Schedule 5 of categories of people who may be eligible for protection.
