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Contents

Part VIII · Testimony Through Audio-Visual Linkage

33. Procedure in recording testimony or statement

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

(1)

A Court or a Commission intending to record the testimony of a victim of crime or witness under the provisions of section 31, shall initially cause the statement to be recorded and serve such statement on the Attorney-General, the victim of crime or witness and on any person whose legal rights may be affected by such testimony or on their legal representatives and issue not less than thirty days notice, to all such parties concerned, of the scheduled date of recording of the testimony of the victim of crime or witness concerned.

(2)

The judicial officer or the person designated by a Court or Commission under subsection (2) of section 31, to be present at the remote location concerned from which the victim of crime or witness proposes to testify or make the statement, shall be required to make his observations, where necessary by interviewing the victim of crime or witness concerned and any other relevant person and submit a report to the Court or the Commission containing such matters as may be prescribed.

(3)

The Court or the Commission shall upon considering the contents of the report submitted under subsection (2), and any other relevant material before such court or

Commission, reach its decision as to whether it would be in the best interests of justice to receive the evidence or statement concerned given through such contemporaneous audio-visual linkage, and on the admissibility and use of such evidence or statement recorded.