As enacted

Contents

Act of Parliament · As enacted

Code of Criminal Procedure (Amendment) Act 1998

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

Amends the Code of Criminal Procedure Act 1979

Official translation, read from a scanFrom Department of Government Printing's scanned PDF, read by OCR; may contain errors

s 2Section 2 of the Code of Criminal Procedure Act,

Amendment of

No. 15 of 1979 (hereinafter referred to as the “principal Note en enactment”) is hereby amended as follows :—

(1)

by the insertion immediately after the definition of

“Chief Justice” of the following definition :—

“child abuse” means an offence under section 286,

288, 288a, 288B, 308A, 360A, 3608, 360c, 363, 364a,

365, 365A, or 3658 of the Penal Code when committed in relation to a child ;” ;

(2)

by the insertion, immediately after the definition of

“person” of the following definition :—

“place of safety” includes a remand home or hospital or any institution for care and custody ;”,

3. The following new section is hereby inserted

Insertion of new immediately after section 43 and shall have effect as section section 43 in the 43a of the principal enactment :—

principal

“Special 43a (1) The provisions of sections 36 and 37

Provisions shall not apply in relation to persons suspected regarding or accused of child abuse persons

arrested in

(2)

A police officer making an arrest, without child abuse, 4 Warrant, of any person suspected or accused of child abuse, shall without unnecessary delay and 2—D 047399—8,550 (98/04)

Code of Criminal Procedure (Amendment)

Act, No. 28 of 1998

within twenty four hours of the arrest, produce such person before a Magistrate having jurisdiction in the case.

(3)

The Magistrate before whom a person arrested under subsection (2) is produced may upon a certificate being filed by a police officer not below the rank of a Superintendent of Police or in his absence the officer acting on his behalf, to the effect that it is necessary to detain such person in custody for the purpose of investigation, make an order permitting the detention of such person in police custody for a period not exceeding three days.

(4)

Upon the conclusion of the investigation or upon the completion of the period of detention specified in the order made under subsection (3), which ever occurs first, such person shall be produced before the Magistrate and the provisions of this Act, shall apply, to and in relation to such person.”.

s 4Insertion of new section 451 in the principal enactment

The following new section is hereby inserted immediately after section 451 and shall have effect as section 451a, of the principal enactment :—

“Warrant of garanting custody of victim toa place of safety.

451a. (1) Where it appears to a court in which indictment or charge for child abuse has been filed that the child in relation to whom the child abuse is alleged to have been committed requires care and protection, the court may order such child to be kept in a place of safety forcare and protection, pending the trial.

(2)

Where a court makes an order under subsection (1) that-a child in relation to whom the child abuse is alleged to have been committed be kept in a place of safety for care and protection, a warrant substantially in the form set out in the

Second Schedule shall be signed by the court and delivered to the Fiscal of the court.”.

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Act, No. 28 of 1998 3

s 5Insertion of new section 453a in the principal enactment

The following new section is hereby inserted immediately after section 453 and shall have effect as section 453a of the principal enactment :—

“Priority for trials and 453a. Every court shall give priority to the trial appeals. Of any person charged with or indicted for child abuse before such court and to the hearing of any appeal from the conviction of any person for child abuse or against any sentence imposed on such conviction.”

s 6Amendment of the First Schedule to the principal enactment

The First Schedule to the principal enactment amended by Act, No. 19 of 1997 is hereby further amended as follows :—-

“288 2884 288B

(1)

by the insertion immediately after the entries relating to section 287, of the following entries :-—

Causing or procuring children to beg.

Hiring or employing children to act as procures for sexual intercourse.

Hiring or employing children to traffic in restricted articles.

May

Sum-Not arrest mons bail-without able warrant.

Same

Same Same

Same

Not com:

pound-able

Same

Imprison-ment of either description for not exceeding five years and may also be liable to a fine.

Imprison-ment of either description for not less than two years and not exceeding five years and may also be liable to a fine.

Imprison-ment of either description for not less than five years and not exceeding seven years and may also be liable to a fine.”.

Mag-is-

trate’s

Court.

Code of Criminal Procedure (Amendment)

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(2)

by the repeal of the entries relating to section 302.”.

s 7Amendment of the Second Schedule to the principal enactment

The Second Schedule to the principal enactment as amended by Act No. 4 of 1995 is hereby further amended by the insertion, after Form No. 11 thereof of the following

Form :—

“No. 11a”

FORM OF WARRANT OF COMMITMENT TO

PLACE OF SAFETY

In the High Court of..............-.00.0008 (or the Magistrate’s

Court at...........0665 )

To the Fiscal of.................. and the Manager of............

(Name of the place of safety.)

Whereas..............0+6+. has been indicted for/charged with the offence of......... before this Court ;

And Whereas the said offence is alleged to have been committed in relation to.........c cence and the

Cs requires care and protection, pending the trial of such offence ;

These are therefore to command you, the said Fiscal to take the said.........0..... and convey him safely

LO... ceceeeeceeee and there deliver him to the Manager thereof, together with the copy of this warrant certified under your hand, and I do command you, the Manager of the said............ to receive the said............ into your custody and keep him safely under your care and protection, pending the trial of the said offence.

Given under my hand this..................... day 199

Signed,

Judge of the High Court/

Magistrate.”.

s 8Sinhala text to prevail in case of inconssistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.