Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part V · Establishment of the National Authority for the Protection of Victims of Crime and Witnesses
40. Duties and functions of the Authority
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The duties and functions of the Authority shall be –
to protect and promote respect for, and recognition of, the rights and entitlements of victims of crime and witnesses as provided for in this Act;
to investigate and inquire into any complaint or information received by the Authority regarding any alleged violation or denial, or imminent violation or denial, of rights and entitlements of victims of crime and witnesses provided for in this
Act, and to-
give directions or make recommendations to any person or authority to take corrective measures;
grant such financial or other assistance; or
take any other appropriate measures, that ensure the protection and promotion of the rights and entitlement of victims of crime and witnesses provided for in this Act;
to take necessary steps to ensure security and protection of victims of crime and witnesses, by way of providing or arranging the provision of, necessary medical treatment, counselling or rehabilitation services, or reparation or restitution measures;
to formulate and implement a scheme for the purpose of granting any interim awards to victims of crime from the Protection Fund established under this Act and to grant interim awards to such victims of crime as recommended by the Advisory Board under section 69 of this Act;
to create awareness among the public on the rights and entitlements of victims of crime and witnesses and the relief or remedies available to them under this Act;
to advise and make recommendations to the
Department of Police, any other Government
Department or statutory institution and public officers, on measures that should be implemented to give effect to, protect and promote, the rights and entitlements of victims of crime and witnesses provided for in this Act;
to review existing legislation, and the policies, practices or procedures adopted and followed by the relevant institutions, relating to the protection and promotion of the rights and entitlements of victims of crime and witnesses and to make recommendations, if any, to amend or update such legislation, policies, practices or procedures to ensure conformity with the latest recognized international standards and best practices relating to the same;
upon request made by any court or Commission, to provide necessary facilities to establish a contemporaneous audio-visual linkage for recording of evidence or statement of a victim of crime or witness from a remote location;
to develop and issue, in consultation with other relevant authorities, guidelines and procedures which ensure the best interest of victims of crime and witnesses;
to issue guidelines in regard to the independent functioning of the Protection Division;
to take measures to sensitize public officers including Government Medical Officers, officers of the Sri Lanka Police, the Department of Prisons or public officers associated with probation and social services-
on the needs of any victim of crime or witness;
or
on any special needs of any such specific category of victims of crime or witnesses as may be specified by the Authority;
to conduct or promote the carrying out of research into ways and means through which –
the incidence of crime can be reduced;
the impact of specific crimes on victims could be minimized or prevented;
victims of crime can be effectively treated, rehabilitated, counselled, assisted, compensated and protected;
the causes that prevent victims of crime or witnesses from seeking redress or relief through the available criminal justice mechanisms may be identified and eliminated; and
a conducive environment could be created for witnesses to make statements before the law enforcement authorities or to testify fearlessly at any proceedings before any court or Commission;
to promote the application and observance of codes of conduct and recognized norms and best practices relating to the protection of the rights and entitlements of victims of crime and witnesses, by courts, Commissions, any other tribunals, public officers and employees of statutory bodies involved in the enforcement of law, including officers of the
Sri Lanka Police, the Prisons Department,
Government Medical Officers and officers of the
Government social service institutions;
to make recommendations to the Government and other appropriate authorities on the development, adoption and implementation of-
crime prevention policies in order to minimize the incidence of victimization;
measures of restitution of victims of crime;
and
measures of restorative justice as an option to sentencing;
having regard to the existing financial regulations, to lay down the procedure and criteria for the granting of financial assistance to victims of crime and witnesses;
to organize training programmes on the treatment of child victims of crime or child witnesses and identify qualified personnel and proper procedures that may be employed to protect and meet any special needs of such child victims of crime or witnesses;
to promote the development, adoption and implementation of measures of restitution for victims of crime as an option to sentencing in the criminal justice system; and
to perform or discharge any other duty or function that may be necessary to achieve the objects of this
Act.
Where the Authority issues any directive or makes any recommendation to any person or authority, or requires any person or authority to carry out any measure under subsection (1), it shall be the duty of such person or authority –
to give effect to such directive or recommendations or carry out such measure and report back to the
Authority of such fact; or
where such person or authority is unable to give effect to such directive or recommendation, or carry out the measure, to report back to the Authority of such inability, giving reasons for the same.
The Authority shall monitor the implementation of the directive or recommendations or carrying out the measure referred to in subsection (2) by calling for periodical reports from such person, authority or any other relevant authority.
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