What is the procedure for making an application to the DPP for an undertaking or indemnity?
Chapter 6 of the Directors’ Policy sets out when the Director will provide an undertaking or an indemnity to a witness who may raise the privilege against self-incrimination. The following is the procedure for making an application to the DPP for an undertaking or indemnity.

The application must:

  • be in writing;
  • identify the evidence in the witness’s statement that is incriminating;
  • address why an undertaking or indemnity is in the public interest by reference to paragraph 45 of the Director’s Policy;
  • enclose:
    • a statement by the witness prepared for the purpose of the application. The statement should commence with the following: “I am making this statement of my own free will on the understanding that it will be used for the purpose of an undertaking/indemnity application on my behalf. I understand that there is no guarantee as to the success of that application, but I have been informed and understand that none of the material contained in this statement may be used as evidence for the purposes of any criminal proceedings against me. The contents of this statement constitute the evidence which I would be prepared to give in the event that I am called as a witness in any further proceedings in relation to this matter.” The statement should give a true and full account of the witness’s proposed evidence and should fully describe the witness’s own involvement in the offences in issue. The statement must be signed
    • any other statements by or interviews with the witness
    • the brief of evidence against the principal offender(s)
    • the brief of evidence against the witness (if any).