Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part X · Testimony Through Contemporaneous Audio-Visual Linkage
83. Supporting an application and giving notice of an application
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
Where a victim of crime or witness intends to make an application under subsection (1) of section 82 to give evidence or make a statement through contemporaneous audio-visual linkage from-
a remote location within Sri Lanka, such application shall be supported before the court or Commission at least thirty days before such evidence or statement is required to be given or made, as the case may be;
a remote location outside Sri Lanka, such application shall be supported before the court or
Commission at least sixty days before such evidence or statement is required to be given or made, as the case may be.
Where a law enforcement authority intends to make an application under subsection (1) of section 82, such law enforcement authority shall, before making the application to the relevant court or Commission, make an application to the Magistrate’s Court having jurisdiction for permission for such purpose.
Where any victim of crime, witness or law enforcement authority intends to make an application under subsection (1) of section 82, such victim of crime, witness or law enforcement authority shall, before making such application, give reasonable prior notice of such application to the
Attorney-General and all relevant parties to such investigation, inquiry or proceedings:
Provided however, if, during the course of an investigation conducted in terms of Chapter XI of the Code of Criminal Procedure Act, an accused has not yet been identified or named, or an accused cannot be found or absconding, or if it is necessary to maintain the confidentiality of the investigation, a statement of a victim of crime or witness may be recorded by any law enfacement authority without giving notice to any party, with the permission of the court or Commission. Where the accused is identified, named, found or arrested, such law enforcement authority shall disclose the availability of such statement to the accused and provide a transcript of such statement or a data storage device containing such statement to him prior to the commencement of the trial.
The Attorney-General or any party who receives notice of an application referred to in subsection (2), may make his representations to the court or Commission before which the investigation, inquiry or proceeding is to be conducted, within fifteen working days of the receipt of the notice of such application, and such court or Commission shall make and notify its decision on such representations along with the reasons therefor, within fifteen working days of the receipt of such representations.
Where any victim of crime, witness or law enforcement authority no longer requires to give, obtain or make such evidence or statement, as the case may be, through contemporaneous audio-visual linkage from a remote location, such victim of crime, witness or law enforcement authority shall notify such fact in writing to the Registrar or the Secretary, as the case may be, of the respective court or
Commission.