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srilawsby aturio
As enacted
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Part VIII · Testimony Through Audio-Visual Linkage

32. Authority not required to provide assistance under section 31 in certain circumstances

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

(1)

(a)

Where the Attorney-General and the

Secretary to the Ministry of the Minister recommends, that :-

(i)

it is not in the national interest including national security, to obtain the testimony or statement of the victim of crime or witness concerned from the remote location ;

(ii)

it would not be feasible to secure the testimony or the statement of the relevant victim of crime or witness from the remote location, identified under subsection (1) of section 31, the Attorney-General shall convey his opinion to the Court, Commission or the law enforcement authority concerned.

(b)

Where the Attorney-General is of the opinion that it would be in the interest of justice to secure such testimony or statement from any other appropriate alternate remote location, the Attorney-General may recommend to the court, the

Commission or the law enforcement authority of such alternate location.

(2)

(a)

Where the Attorney-General has expressed an opinion that the recording of evidence or the securing of a statement of any victim of crime or witness from a particular remote location is inappropriate, the Court, the Commission or law enforcement authority concerned, shall not proceed to receive and record the testimony or statement of the relevant victim of crime or witness through contemporaneous audio-visual linkage from such remote location, and consequently the Authority shall not be required to provide any necessary assistance and financial or other resources to the Court, the Commission or the law enforcement authority under subsection (3) of section 31.

(b)

where the Court, the Commission or the law enforcement authority, decides to change the

Assistance to and Protection of Victims of remote location to the location recommended by the Attorney-General under subsection (1), such Court, Commission or the law enforcement authority, may proceed to obtain the assistance of the Authority under subsection (3) of section 31.

Read on from s 33

Part IX

General

Read on from Part IX

Schedules