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As enacted
Contents

Part IV · Establishment of the National Authority for the Protection of Victims of Crime and Witnesses

13. 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.

(1)

The duties and functions of the Authority shall be to—

(a)

promote the recognition of and respect for the rights of victims of crime;

(b)

promote the recognition of and respect for the entitlements of witnesses;

(c)

protect or cause to be protected the rights of victims of crime and entitlements of witnesses;

(d)

on receiving a complaint or any information regarding an alleged infringement or imminent infringement of any right or entitlement of a victim of crime or a witness, investigate and inquire into such alleged infringement or imminent infringement and to require any relevant authority to take such appropriate corrective measures in that regard, in order to ensure the protection and promotion of the rights and entitlements of victims of crime and witnesses provided by this Act;

(e)

provide necessary assistance to victims of crime and witnesses, including appropriate measures for their treatment, reparation, restitution and rehabilitation;

(f)

make an award for payment of compensation to a victim and for that purpose develop and implement a scheme for the grant of compensation to victims of crime from the Victims of Crime and Witnesses

Assistance and Protection Fund established under section 29 of this Act;

(g)

create awareness among the public regarding the rights and entitlements of victims of crime and witnesses provided by this Act;

(h)

advice and make recommendations to the Sri Lanka

Police Department and any other government department, statutory institution and to public officers, either generally or on a case by case basis, on appropriate and specific measures that should be adopted or implemented to give effect to the rights and entitlements of victims of crime and witnesses and in particular regarding the provision of—

(i)

effective protection;

Assistance to and Protection of Victims of

(ii)

necessary treatment, rehabilitation and counseling; and

(iii)

other appropriate assistance, to victims of crime and witnesses.

(i)

review existing policies, legislation and the practices and procedures being adopted and followed by various authorities, to ensure their conformity with recognized standards and best practices relating to the promotion and protection of the rights and entitlements of victims of crime and witnesses, and based on such review, to make recommendations regarding the adoption, amendment and application of appropriate policies, legislation and practices;

(j)

make available on request to any Court or a

Commission or any other person information on best practices pertaining to the reception of evidence of victims of crime or witnesses through contemporaneous or near contemporaneous audio-visual linkage;

(k)

take measures to sensitize public officers involved in the enforcement of the law, including officers of the Sri Lanka Police, the Prisons Department, government medical officers and public officers associated with probation and social services, on the needs of victims of crime and witnesses and on any special needs of particular categories of victims of crime, arising as a result of the harm inflicted or possible harm that may be inflicted on them due to their age, gender, religion, language, cultural beliefs and practices, ethnic or social origins or disabilities or any other reason;

(l)

promote and ensure the observance and application 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 the law, including officers of the Sri Lanka Police, the Prisons Department, government medical officers and officers of government social service institutions;

(m)

conduct or promote the conduct of research into ways and means in which—

(i)

incidents of crime can be reduced;

(ii)

impact of specific crimes on victims could be minimized or prevented;

(iii)

victims of crime can be effectively treated, rehabilitated, counseled, assisted, compensated and protected;

(iv)

a conducive environment could be created for witnesses to make statements before the law enforcement authorities or to testify fearlessly at proceedings before courts, any Commissions and other tribunals; and

(v)

assistance and protection could be provided to victims of crime and witnesses;

(n)

recommend to appropriate government institutions, social, health, educational, economic and crime prevention policies that may be adopted by such institutions for the reduction of incidents of crime and for facilitating assistance and protection being provided to victims of crime and witnesses;

Assistance to and Protection of Victims of

(o)

promote the development, adoption and implementation of measures of restitution to victims of crime as a sentencing option in the criminal justice system;

(p)

promote the development and implementation of measures of restorative justice as a method of administering criminal justice and as a sentencing option in the criminal justice system;

(q)

develop, adopt and implement a scheme for providing assistance and protection to victims of crime and witnesses;

(r)

issue guidelines pertaining to the establishment and maintenance of the Victims of Crime and Witnesses

Assistance and Protection Division;

(s)

present annually to Parliament, a report on the:—

(i)

manner in which the Authority has given effect to the objects of this Act;

(ii)

performance and discharge of the duties and functions of the Authority; and

(iii)

proposals for necessary policy and legislative reforms.

(t)

do or perform any further functions and activities that may be necessary to achieve the objects of this

Act.

(2)

Where the Authority makes any recommendations to any person or authority or requires any person or authority to carry out any measures under subsection (1), it shall be the duty of such person or authority:—

(a)

to give effect to such recommendation or carry out such measure and report back to the Authority of such fact; or

(b)

where the person or the authority concerned is unable to give effect to the recommendations or carry out the measures, to report back to the

Authority of such inability, giving reasons for the same.

(3)

For the purpose of ensuring that any recommendations or the measures are given effect to or carried out adequately and in a proper manner by the person or authority concerned under paragraph (a) of subsection (2), the Authority shall monitor all activities performed by such person or authority in giving effect to the recommendations or carrying out the measures concerned.

Read on from s 14

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

Schedules