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Contents

Part IV · Entitlement of a Victim of Crime or Witnesses to Seek Protection

34. Special measures for vulnerable victims of crime or witnesses

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

(1)

Notwithstanding anything to the contrary in any other written law, a court or Commission may, on application made by or on behalf of any vulnerable victim of crime or witness, order the Authority or the Protection Division the grant of any special measures for the protection of such victim of crime or witness, as may be prescribed.

(2)

The Minister shall, when prescribing special measures for the purposes of subsection (1), seek recommendations of the Authority.

(3)

The court or Commission, in ordering the grant of any special measures under subsection (1), shall ensure that the principles of fair trial are upheld in its proceedings.

(4)

In determining the vulnerability of a victim of crime or witness, the following factors may also be considered: -

(a)

the nature of the offence alleged to have been committed and the attendant circumstances;

(b)

the nature of the evidence or statement the witness is expected to give or make;

(c)

any relationship between the victim of crime or witness and the accused;

(d)

the age and level of understanding of the victim of crime or witness;

(e)

the accused’s behavior or attitudes towards the victim of crime or witness including the accused’s behavior or attitudes towards the family members or associates of, or any other person having a close kinship to, the victim of crime or witness; and

(f)

any other relevant matter including the racial, social and cultural background of the victim of crime or witness, the gender including transgender, sexual orientation, possibility of being subject to social marginalization, domestic or employment circumstances, religious or political beliefs, and any physical disability or impairment the victim of crime or witness suffers from.

(5)

Notwithstanding anything to the contrary in any other law, a court or Commission may-

(a)

in proceedings relation to sexual offences or violence, permit a child victim of crime or child witness to give evidence or make a statement through contemporaneous audio-visual linkage from a remote location, without requiring his personal attendance before such court or

Commission; or

(b)

on being satisfied that any vulnerable victim of crime or witness is unable to understand the nature of an oath or an affirmation, permit such victim of crime or witness to give evidence or make a statement without an oath or an affirmation being administered, and such victim of crime or witness shall be informed that he is bound to state the truth on all matters to which his evidence or statement relates.

(6)

In this section, a “vulnerable victim of crime or witness” includes –

(a)

a victim of crime or witness under eighteen years of age;

(b)

a person suffering from significant impairment of intelligence and social functioning;

(c)

a victim of any sexual offence;

(d)

a person with disability;

(e)

a person who is a victim of trafficking under section 360C of the Penal Code or a victim of domestic violence within the meaning of the Prevention of

Domestic Violence Act, No. 34 of 2005;

(f)

any victim of crime or witness who is determined to be a vulnerable victim of crime or witness by a court or Commission, upon such victim of crime or witness or a counsel on his behalf making an application to such court or Commission and satisfying such court or Commission that he should be treated as a vulnerable victim of crime or witness;

and

(g)

any other person whom a court or Commission may determine to be a vulnerable victim of crime or witness, for reasons recorded.

Part V

Establishment of the National Authority for the Protection of Victims of Crime and Witnesses

Part VI

Appointment of the Director-General and Staff of the Authority

Part VII

Victims of Crime and Witnesses Assistance and Protection Division

Part VIII

The Assistance and Protection Programme for Victims of Crime and Witnesses

Part IX

Compensation and Interim Awards

Part X

Testimony Through Contemporaneous Audio-Visual Linkage

Part XI

Finance

Part XII

General

Schedules