Assistance to and Protection of Victims of Crime and Witnesses Act 2015 · As enacted · Part VIII · Testimony Through Audio-Visual Linkage
31. Recording of evidence or statement through contempor-aneous audio-visual linkage
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
Notwithstanding anything to the contrary in any other law a Court conducting an identification parade, a non summary inquiry or any other inquiry or a trial, or a
Commission conducting an investigation or inquiry or any law enforcement authority conducting an investigation, may, if it be in the best interest of justice and is found necessary:—
as a measure of protection to be afforded to a victim of crime or witness; or
on grounds of expediency,
Record any evidence or a statement of such victim of crime or witness, by securing such testimony or statement without his personal attendance before such Court,
Commission or law enforcement authority through technical means by which contemporaneous or near contemporaneous audio-visual linkage between the
Court, the Commission or the law enforcement authority,
Assistance to and Protection of Victims of and any other location (hereinafter referred to as the
“remote location”) within Sri Lanka, from where such person testifies or makes the statement, could be established.
Subject to the provision of section 32 the Court, the
Commission or the law enforcement authority shall, prior to the reception and recording of the testimony or statement in terms of subsection (1), satisfy itself that the audio-visual linkage concerned is technically accurate and reliable and a judicial officer or a public officer designated by the Court, the
Commission or the law enforcement authority concerned is present at such remote location, from where the victim of crime or witness seeks to testify or make the statement.
Prior to commencing the reception and recording of the testimony or statement of the victim of crime or witness from the remote location designated under subsection (2), the Court, the Commission or the law enforcement authority concerned shall, on the recommendation of the Attorney-General and the Secretary to the Ministry of the Minister and subject to the provisions of section 32, obtain from the
Authority financial and other resources necessary for the establishment and the functioning of the relevant audio-visual linkage.
For the purposes of this section “Court” means a Court before which any criminal proceedings are being conducted.
Part IX