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

36. Cessation of protection

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

(1)

Subject to the provisions of subsection (3) of section 32, the Authority, Protection Division or subject to the provisions of subsection (2), a Protection Officer may terminate the protection provided to any victim of crime or witness under this Act after recording the reasons therefor, whenever-

(a)

the need for such protection no longer exists; or

(b)

the victim of crime or witness-

(i)

requests that such protection be terminated;

(ii)

refuses to receive such protection;

(iii)

abuses the protection granted;

(iv)

breaches any conditions agreed to;

(v)

is found to have provided any false information, statement, complaint or testimony to the Authority, the Protection

Division, any court, Commission, police station or law enforcement authority, in order to obtain protection; or

(vi)

having obtained any protection in terms of this Act, provides false information, statement, complaint or testimony to the Authority, the

Protection Division, any court, Commission, police station or law enforcement authority, in order to continue to receive such protection.

(2)

A Protection Officer shall not terminate any protection arrangement except with the concurrence of the Head of the

Protection Division.

(3)

Where a victim of crime or witness is dissatisfied with the decision to terminate protection granted to him, he may-

(a)

if such decision was taken by the Protection Officer or the Protection Division, appeal to the Authority against such decision; or

(b)

if such decision was taken by the Authority, appeal to the Advisory Board appointed under section 74

against such decision.

(4)

The Authority or the Advisory Board, as the case may be, after considering such matters as may deem necessary, may vary in an appropriate manner, or confirm, the decision referred to in subsection (1).

(5)

In deciding whether any protection arrangement shall be terminated under this section, particular regard shall be had to the nature and the extent of the risk to the safety of the victim of crime or witness.

Read on from s 37

Part V

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

Read on from Part V

Part VI

Appointment of the Director-General and Staff of the Authority

Read on from Part VI

Part VII

Victims of Crime and Witnesses Assistance and Protection Division

Read on from Part VII

Part VIII

The Assistance and Protection Programme for Victims of Crime and Witnesses

Read on from Part VIII

Part IX

Compensation and Interim Awards

Read on from Part IX

Part X

Testimony Through Contemporaneous Audio-Visual Linkage

Read on from Part X

Part XI

Finance

Read on from Part XI

Part XII

General

Read on from Part XII

Schedules