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Contents

Part II · Rights and Entitlements of Victims of Crime and Witnesses

5. Right of a victim of crime in relation to complaints, inquiries, investigations, &c

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

(1)

A victim of crime shall have the right-

(a)

to make a complaint or to cause a complaint to be made in relation to any conduct constituting an offence under this Act in the manner provided for in this Act and to have such complaint recorded and investigated according to law;

(b)

without prejudice to any ongoing investigation or inquiry, to make representations to the investigation authority or inquiring authority in person or through an attorney-at-law and receive a response within a reasonable period of time;

(c)

without prejudice to the prosecution and in accordance with the provisions of this Act, to be represented by an attorney-at-law at any stage of any proceedings before a court or Commission;

(d)

to make a request, if necessary, for legal aid to be provided by the State;

(e)

upon conviction of the offender and prior to the determination of the sentence, to submit to the court or Commission a victim impact statement in accordance with section 8, either personally or through an attorney-at-law;

(f)

in the event of any person in authority considering the grant of a pardon or remission of sentence imposed on any person convicted of an offence, to receive notice thereof and submit through the

Authority to the person granting such pardon or remission, the manner in which the offence committed has impacted on such victim of crime physically, emotionally, psychologically, financially, professionally or in any other manner;

(g)

at any stage of the investigation, inquiry or proceeding, to make representations to the

Attorney-General, through an attorney-at-law or in writing by such victim of crime or any person authorised by such victim of crime, as regards the manner in which the offence has impacted on him;

(h)

to receive from the Authority any relevant information and assistance that facilitates the attendance and participation at any proceedings before a court or Commission relating to the offence alleged to have been committed; and

(i)

to be present at any civil or criminal judicial or quasi-judicial proceedings relating to an offence, including at the non-summary inquiries, trials, appeals and any applications in revision, unless the court, Commission or other tribunal determines, for reasons to be recorded, that future evidence of such victim of crime would be materially affected if he hears other evidence at such proceedings or, the due discharge of justice could be secured only by the exclusion of such victim of crime from being present during the hearing of certain parts of such proceedings.

(2)

A victim of crime shall have the right, upon a request made by such victim of crime, to be informed-

(a)

by the officer-in-charge of the relevant police station or other authority conducting the investigation or inquiry into the alleged offence, of the progress of the investigation or inquiry:

Provided however, the release of such information may be withheld for justifiable reasons;

(b)

by the officer-in-charge of the relevant police station, other authority conducting the investigation or inquiry into the alleged offence, the Attorney-General or the Registrar of the relevant court, as the case may be, of the dates fixed for the hearing of the case or the progress or disposal of judicial proceedings relating to the alleged offence and the rights and entitlements of the victim of crime pertaining to such judicial proceedings;

(c)

by the officer-in-charge of the relevant police station, other authority conducting an investigation or inquiry into the alleged offence, the Attorney-General, the Registrar of the relevant court or the

Superintendent of Prisons, as the case may be, of the date on which the proceedings in relation to any of the following is scheduled next: –

(i)

release on bail or discharge of the suspect;

(ii)

institution of criminal proceedings against the accused;

(iii)

the conviction, acquittal, discharge or sentence of the suspect or the accused, as the case may be; or

(iv)

the release from prison of the suspect or convicted person.

(3)

(a)

A victim of crime may make a request to the

Registrar of court in the prescribed form accompanied by the prescribed fee to obtain a copy of the order of court relating to the release on bail or otherwise of the suspect or the accused.

(b)

Upon receipt of a request under paragraph (a), the

Registrar of court shall proceed with such request in an expeditious manner.

(4)

In the event the person in authority considering the grant of a pardon or remission of sentence referred to in paragraph (f) of subsection (1) is the President, the duty of informing the Authority of such fact for the purpose of giving notice thereof to the victim of crime shall be on the Secretary to the President, and in the event such person in authority is the Governor of a Province, such duty shall be on the

Secretary to the Governor of such Province.

Part III

Offences Against Victims of Crime and Witnesses

Part IV

Entitlement of a Victim of Crime or Witnesses to Seek Protection

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