6. Amendment of 154 of the principal enactment

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

Section 154 of the principal enactment is hereby amended as follows :—

(1)

by the renumbering of that section as subsection (1)

of that section:—

(2)

by the addition, immediately after the renumbered subsection (1) of the following new subsections :—

“(2)

Upon the committal of the accused for trial before the High Court, the accused may state to Court that he is willing to plead guilty to a lesser offence if he is indicted in the High Court and the Magistrate shall record such statement :

Provided however, the fact that such a statement had been made shall in no way prevent the accused from proceeding to trial in the High

Court :

Provided further, the fact that such a statement had been made shall in no way prejudice the accused at the trial.

(3)

Where the accused, on indictment in the

High Court states that he is willing to plead guilty to a lesser offence for which he might have been convicted on that indictment and the Court is willing to accept that plea, the judge shall in sentencing the accused, have regard to the fact that the accused had indicated in the Magistrate’s

Court his willingness to plead guilty to the lesser offence.

(4)

The fact that the accused has made a statement under subsection (2) shall not be read and construed as imposing any obligation on the

Court or the Attorney-General to accept a plea of guilt made by the accused in the High Court to a lesser offence for which he might have been convicted on the indictment filed in that High

Court.”.

Act, No. 14 of 2005

Read on from s 7