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srilawsby aturio
As enacted
Contents

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

14. Powers of the Authority

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

(1)

The Authority shall have the power—

(a)

for the purpose of conducting an investigation or an inquiry into an alleged or an imminent infringement of a right or entitlement of a victim of crime or witness, to:—

(i)

require any person other than a judicial officer or a Commissioner of a Commission to appear before the Authority and to participate in an investigation or inquiry;

(ii)

require any person other than a court or a Commission, to produce before the Authority any document, a certified copy thereof or other material in his or its possession or custody, including the reports of investigations, information book, extracts and officers visiting book extracts of the police, for examination and copying;

Assistance to and Protection of Victims of

(iii)

require any person other than a court or a Commission to provide to the

Authority in writing, any information which it or he is likely to possess;

(iv)

interview and record the statement of any person other than that of a judicial officer or a Commissioner of any Commission;

(v)

make an application to any court or

Commission and be entitled to obtain certified copies of any proceedings of any case, action or other proceedings of such Court or

Commission and documents and other material that may be filed of record in a case record or a file of such court or Commission;

(vi)

enter into, inspect, examine or observe and record any event, location or process taking place in any place, including an investigation, inquiry, trial or other proceeding;

(vii)

make an appropriate order and to direct, advice or recommend the adoption of such measures for the promotion or protection of the rights and entitlements of the victim of crime or a witness or for remedying any damage caused as a result of the infringement of the rights or entitlement of the relevant victim of crime or the witness;

(b)

acquire, hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of any movable or immovable property;

(c)

enter into such contracts as may be necessary for the performance and discharge of it’s duties and functions;

(d)

invest monies lying to the credit of its Fund in an appropriate and secure manner and open and maintain current, savings or deposit accounts in banks;

(e)

appoint, dismiss and exercise disciplinary control over officers, consultants and advisors as may be necessary for the proper performance and discharge of it’s duties and functions;

(f)

subject to the provisions of section 24(3).

solicit, accept and receive donations, gifts, bequests and grants from sources within or outside Sri Lanka and to apply the same for the proper discharge of it’s duties and functions;

(g)

exercise all such other and further powers as may be necessary for the proper performance and discharge of it’s duties and functions under this Act.

(2)

Any person who fails to comply with any requirement imposed by the Authority under paragraph (a) of subsection (1) shall be guilty of an offence of contempt of the Authority.

(3)

Every offence of contempt committed against the

Authority shall be punishable by the Supreme Court as though it were an offence of contempt committed against the authority of that Court and the Supreme Court is hereby vested with jurisdiction to try every such offence.

Assistance to and Protection of Victims of

(4)

Where the Authority determines that a person is guilty of an offence of contempt under subsection (2), against the

Authority, the Authority may transmit to the Supreme Court, a certificate setting out such determination. Every such

Certificate shall be signed by the chairman of the Authority.

(5)

In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of, as provided in this section, any document purporting to be a certificate signed and transmitted to the

Court under subsection (4) shall—

(a)

be received in evidence, and be deemed to be such a certificate without further proof, unless the contrary is proved; and

(b)

be evidence that the determination set out in the certificate was made by the Authority and of the facts stated in the determination.

(6)

In any proceeding taken as provided in this section for the punishment of any alleged offence of contempt against the Authority no member of the Authority shall, except with his own consent and notwithstanding anything to the contrary in this Act, be summoned or examined as a witness.

Read on from s 15

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