First, crown counselFootnote 20 must consult the PCP before entering into an immunity agreement. In cases of significant public interest, the CFP should consult with the Deputy Director of the Crown (DPP) before reaching an agreement. In addition, before proceeding further against a person who has breached the immunity agreement, the PCP must seek action against the competent Deputy DOCUP. In kastigar v. United States, 406 U.S. 441 (1972), the U.S. Supreme Court raised the question of the nature of immunity, use or transaction, which is required by the Constitution to compel testimony. The Court found that the granting of the use and exemption from the use of derivatives was sufficient. Witnesses who are not in pre-trial detention are not subject to the same pressures and opportunities to seek special privileges or privileges in prison as witnesses in custody.
The fact that a cooperating witness is not in prison does not prevent the Crown from being very diligent in assessing the reliability of the evidence and other factors mentioned above, including those reported in custody. There are always concerns about the potential for evidence-producing when a witness provides information in a context where he or she can benefit from a co-operation, whether it is money, privilege, immunity or a reduced sentence. The agreement described in this memorandum is the complete agreement between the director of the district attorney`s office and John Doe. Crown counsel should also assess the relative force of the case for the prosecution with or without the information provider`s or other evidence, and ensure that the person is able and willing to provide reliable evidence on essential aspects of the case. Counsel should also consider whether the same evidence can be obtained from another source that does not require immunity insurance. The fact that the informant`s testimony will confirm unconfirmed evidence from other witnesses may make it so important that immunity is warranted. 6. No commitment other than the one expressly mentioned in this agreement has been made. The term “information provider” is used as a general description of the person seeking some form of immunity, unlike “witnesses” or another description. 3.M.
Wilson agrees to cooperate fully with the Department by providing Department officials with complete and truthful information on the purpose of this immunity in accordance with paragraph 1 of this article.