67. Withdrawal of indictments

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

If at any time before the judgement is given by the High Court against a person who has been indicted for having committed one or more offences under this Act, the

Director-General may with the sanction of the Commission, having due regard to the facts specified in subsection (2) and subject to one or more conditions referred to in subsection (3), with the permission of the High Court, withdraw the indictment against such accused.

(2)

When the Director-General withdraws the indictment under subsection (1), he shall have due regard to–

(i)

the national interest and public interest;

(ii)

views of the victims of the offence; and

(iii)

representations that may be made by the accused person or on his behalf by his Attorney-at-Law.

(3)

The Director-General may when withdrawing an indictment under subsection (1), impose on the accused one or more of the following conditions to be fulfilled within a stipulated period:-

(i)

to publicly express remorse and apology before the

High Court, using a text issued by the Commission;

(ii)

to provide reparation to victims of the offence, as specified by the Commission;

(iii)

to publicly undertake that he refrains from committing an offence under this Act; or

(iv)

to permanently refrain from holding public office, both elected and appointed.

(4)

If such person fulfills the conditions imposed under subsection (3), during the period stipulated for fulfilling such conditions, the Director-General shall not present a fresh indictment against the accused thereafter on the same charges specified in the original indictment.

(5)

If the accused fails without reasonable cause to comply with the said conditions, the Director-General shall file a fresh indictment against the accused on the same charges specified in the original indictment and proceed to prosecute the accused after the lapse of the period given for the accused to fulfil such conditions.

Read on from s 68

Part II

Declaration of Assets and Liabilities

Read on from Part II

Part III

Read on from Part III

Part IV

General

Read on from Part IV

Part V

Transitional Provisions and Savings

Read on from Part V