The Criminal Justice (Offenders Assisting Investigations and Prosecutions) Bill (No. XXIV of 2026)

Preliminary independent scrutiny note, 22 October 2026. Evidence supplied by an offender who assists an investigation can sometimes help uncover serious criminal networks. It can also create risks of pressure, unreliable testimony, concealed inducements and unfairness to accused persons unless the legal framework has clear safeguards.

Bill XXIV requires scrutiny of who may authorise assistance arrangements, what benefits can lawfully be offered, how evidence is preserved and disclosed, and whether the Court and the defence can meaningfully test the reliability and voluntariness of testimony. These are topics to investigate in the official text, not findings that the Bill actually permits any specific abuse.

Safeguards to assess against the official text:

1. Require properly recorded assistance agreements with defined authority, conditions, disclosure and review mechanisms.
2. Preserve the independent role of the Director of Public Prosecutions and the Court in relevant charging, immunity or sentencing decisions.
3. Require disclosure of any inducement or benefit relevant to the credibility of cooperating-witness testimony, subject to lawful witness protection measures.
4. Protect against coerced statements, fabrication and evidence contamination; maintain auditable records of interviews and assurances.
5. Provide credible safeguards for witness and family safety while protecting the accused person's fair-trial and challenge rights.
6. Address knowingly false cooperation, revocation of arrangements and independent oversight without rewarding misuse of the process.

Exact proposed statutory wording will follow verification of Bill XXIV's operative clauses and their interaction with the DPP and existing criminal procedure.