Assistance to and Protection of Victims of Crime and Witnesses Act 2015 · As enacted · Part II · Rights and Entitlements of Victims of Crime and Witnesses
3. Rights of Victims of Crime
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
A victim of crime shall have the right :—
to be treated with equality, fairness and with respect to the dignity and privacy of such victim ;
where the victim is a child victim, to be treated in a manner which ensures the best interests of such child ;
in accordance with procedures as may be prescribed, to receive prompt, appropriate and fair redress, including reparation and restitution, for and in consideration of any harm, damage or loss suffered as a result of being a victim of a crime ;
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to be appropriately protected from any possible harm, including threats, intimidations, reprisals or retaliations ;
to be medically treated for any mental or physical injury, harm, impairment or disability suffered as a victim of a crime ;
upon a request made by such victim, to be informed—
by the Authority or the Division, of the legal remedies available for the redress of any harm which he has suffered including civil remedies available for obtaining damages and relevant periods of prescription applicable thereto ;
without prejudice to any on-going investigations being carried out by the officer-in-charge of the relevant police station or other authority conducting the investigation, of the progress of the investigation being conducted into the complaint presented by the victim of crime, to such police station or other authority conducting the investigation ;
by the officer-in-charge of the relevant police station or other authority conducting an investigation, the Attorney-General or the
Registrar of the Court, as the case may be, of the dates fixed for hearing and the progress and the disposal of judicial proceedings relating to the offence complained of by the victim of crime, including the non-summary inquiry, trial, appeal and application in revision and by the Authority of the rights and entitlements of the victim of crime pertaining to such proceedings ;
by the officer-in-charge of the relevant police station or other authority conducting an investigation, the Attorney-General, the
Registrar of the Court or the Superintendent of Prisons, as the case may be, of the dates fixed for the—
release on bail ;
discharge of the suspect ;
institution of criminal proceedings against the accused ;
the conviction, sentence or acquittal of the suspect or the accused; and
the release from prison of the convict, who has committed or is alleged to have committed and offence against the victim of crime and the reasons therefore ; and
by the Authority of the medical, social services and any other assistance that is or may be available for the treatment or amelioration of any harm caused to such victim of crime.
to present, either orally or in writing, a complaint pertaining to the commission of an offence and to have such complaint recorded by any police officer, in any police station or other unit or division of the
Police Department and to have such complaint impartially and comprehensively investigated by the relevant investigating authority ;
without prejudice to any on-going investigation, to be represented by an Attorney-at-Law during an investigation, including criminal and forensic investigations and magisterial inquiries into the alleged offence committed against such victim and make necessary representations to the appropriate competent authorities who are conducting such investigations ;
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without prejudice to any on-going or concluded investigation, to obtain certified copies of Cause of
Death forms, Post Mortem Reports, Medico-Legal
Reports, Reports of the Registrar of Finger Prints,
Reports of the Government Analyst and any other report of an expert and reports filed in the
Magistrate’s Court by the Police, as required by sections 115, 116 and 120 of the Code of Criminal
Procedure Act :
Provided however, where an application is made for the purpose of obtaining certified copies of reports referred to in this paragraph, the Magistrate to whom such application is made shall inquire from the police, whether the issue of such Reports would prejudice the on-going investigations, to which those Reports relate and where the release of any one or more of the Reports is likely to prejudice the on-going investigation, the Magistrate shall refuse the issue of such Report or Reports ;
to present written communications or make representations through legal counsel to the
Attorney-General, before, during and after the investigation into the offence alleged to have been committed against such victim, and before and during the conduct of judicial proceedings, including at the non-summary inquiry, trial and appeal ;
to present written communications or make representations through legal counsel to an investigator, who is conducting an investigation into the offence committed against such victim of crime, and to be entitled to receive a response in regard to such communications or representations made ;
to be present at all judicial or quasi-judicial proceedings relating to an offence, including at the non-summary inquiry, trial, appeals and any application in revision, unless the court, Commission or other tribunal determines, for reasons to be recorded that such victims evidence 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 from being present during the hearing of certain parts of such proceedings ;
to receive any assistance and information required to attend and participate at judicial or quasi-judicial proceedings pertaining to the offence committed against him ;
without prejudice to the prosecution, to be represented by legal counsel at the several stages of the criminal proceedings relating to the offence, including at the non-summary inquiry, trial, appeal and application in revision, and where a request is made, to be provided where available with legal assistance for such purposes ;
following the conviction of the offender and prior to the determination of the sentence, either personally or through legal counsel, to submit to court the manner in which the offence concerned had impacted on his life, including his body, state of mind, employment, profession or occupation, income, quality of life, property and any other aspects concerning his life ;
in the event of an appeal or application in revision being presented by a person convicted of having committed an offence, either personally or through legal counsel, to submit to court that adjudicates upon such appeal or application in revision, the manner in which the offence concerned had impacted on his life, including his body, state of mind, employment, profession or occupation, income, quality of life and property and any other aspects concerning his life ; and
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in the event of any person in authority considering the grant of a pardon or remission of sentence imposed on any person convicted of having committed 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 had impacted on his life including his body, state of mind, employment, profession or occupation, income, quality of life, property and any other aspects concerning his life.
Part III
Offences Against Victims of Crime and Witnesses
Part IV
Establishment of the National Authority for the Protection of Victims of Crime and Witnesses
Part V
Part VI
Entitlement of a Victim of Crime or Witness to Obtain Protection
Part VII
Compensation
Part VIII
Testimony Through Audio-Visual Linkage
Part IX