As enacted

Contents

Assistance to and Protection of Victims of Crime and Witnesses Act 2015 · As enacted · Part III · Offences Against Victims of Crime and Witnesses

10. An offence under section 8 and 9 to be cognizable and non-bailable

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

(1)

(a)

An offence under section 8 or 9 shall be cognizable and non-bailable and no person suspected, accused or convicted of such and offence shall be enlarged on bail, unless under exceptional circumstances by the Court of Appeal.

(b)

When enlarging a person on bail, the Court of

Appeal shall have the power to impose a condition prohibiting communication with or coming into close proximity with the person in respect of whom the suspect is alleged to have committed the offence, and with any other persons who may be specified in the order granting such bail.

(2)

A trial against a person accused of having committed any offence under section 8 or under section 9 shall be taken up before any other business of that court and shall be held on a day to day basis and not be postponed during the course of such trial, except due to unavoidable circumstance which shall be specifically recorded.

(3)

If after an inquiry by a Court, it is found that there exists prima-facie material to conclude that a person who at the relevant point of time was on bail in respect of any offence alleged to have been committed by him, has committed an offence under section 8 or section 9, the bail granted to such person by the Court which conducted the inquiry shall be cancelled and such person shall be placed on remand till the end of the trial in respect of the offence which he had been enlarged on bail.

Part IV

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

Read on from Part IV

Part V

Read on from Part V

Part VI

Entitlement of a Victim of Crime or Witness to Obtain Protection

Read on from Part VI

Part VII

Compensation

Read on from Part VII

Part VIII

Testimony Through Audio-Visual Linkage

Read on from Part VIII

Part IX

General

Read on from Part IX