Code of Criminal Procedure (Amendment) Act 2024

This Act may be cited as the Code of Criminal

Procedure (Amendment) Act, No. 50 of 2024.

Section 183 of the Code of Criminal Procedure Act,

No. 15 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended by the repeal of the marginal note to that section and the substitution therefor of the following: -

The following new section is hereby inserted immediately after section 183 of the principal enactment and shall have effect as section 183A of the principal enactment: -

183A. (1) A plea agreement may be entered into between the prosecutor and an accused who is charged in the Magistrate’s Court at any time before the sentence is passed, subject to the procedure specified in this section.

Where the parties to a case intend to negotiate a plea agreement under this section, the court shall be informed of the same:

The prosecutor, the Attorney-at-Law for the accused, or the accused, may initiate the offer to enter into a plea agreement:

If the accused is charged with an offence under the Schedule to the Prevention of Crimes

Negotiations for a plea agreement shall be conducted between the prosecutor and the

As part of the plea negotiation process, the prosecutor may meet with the Attorney-at-Law for the accused, to ascertain to the satisfaction of the prosecution, a complete description of the criminal conduct engaged in by the accused, and the details of criminal conduct engaged in by others, which the accused may provide as cooperation during the negotiation.

During the plea negotiations, the prosecutor shall-

consider the nature and the circumstances relating to the case, the impact of the commission of the offence on the victim, the personal circumstances of the accused, the interests of the public, and the value of any information provided by the accused including any cooperation provided by the accused as part of the negotiation;

not use the information obtained from an accused during the course of plea negotiations against him during the prosecution of the case if the plea negotiations are ultimately unsuccessful; and

afford-

the victim;

the Attorney-at-Law of the victim; or

the National Authority for the

(a) A prosecutor and the accused or the

Notwithstanding the recommendation of the parties, the court shall retain the sole discretion in sentencing and discretion to indicate the sentence that may be imposed.

Where the prosecutor recommends to the court the imposition of a sentence that is more severe than the recommendation included in the plea agreement, the accused may withdraw the plea of guilty and set aside the plea agreement.

Where the accused recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement, the accused shall not be permitted to withdraw his plea of guilty on that ground alone.

Where the accused recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement, the prosecutor may recommend to the court any other appropriate sentence.

(a) The prosecutor shall present the court with the factual basis of the plea set out in the plea agreement between the prosecutor and the accused by presenting the court with the final plea agreement at the hearing, where the accused pleads guilty in accordance with the terms of the plea agreement. The factual basis will be included in writing as part of the completed plea agreement.

The plea agreement submitted to the court shall be in the format specified in Form 23 in the Second Schedule.

Where the accused is a child, the plea agreement shall be signed by the child’s parent or guardian.

A plea agreement shall be finalized when the accused signs the agreement.

Upon being satisfied that the accused signed the plea agreement knowingly and voluntarily, the court may accept the plea agreement.

Where the court accepts a plea agreement, the agreement shall become binding upon the parties and the court shall proceed to convict the accused accordingly.

An appeal shall not lie from a conviction imposed after the court has accepted the plea agreement and convicted the accused under subsection (11).

An appeal shall not lie from a sentence imposed by the court which falls within the range of punishment recommended by the parties in the plea agreement.

Where the court rejects a plea agreement–

the reasons for such rejection shall be recorded and the parties shall be informed thereof; and

the plea agreement shall become null and void and the parties shall not be bound by such agreement.

Upon rejection, or withdrawal, of a plea agreement, fresh plea negotiations in a trial relating to the same facts may be considered with prior permission of the court.

Where the court has rejected a plea agreement under this section, no party shall appeal against, or apply for a review of, the order of the court rejecting the agreement.

For the purposes of this section –

Section 195A of the principal enactment is hereby amended in paragraph (b) of subsection (3) thereof, by the substitution for the words “to a lesser offence;”, of the words and figures “to a lesser offence or whether he intends to negotiate for a plea agreement under section 197A;”.

Section 197 of the principal enactment is hereby amended by the repeal of the marginal note to that section and the substitution therefor of the following: -

The following new section is hereby inserted immediately after section 197 of the principal enactment and shall have effect as section 197A of that enactment: -

197A. (1) A plea agreement may be entered into between the prosecutor and an accused who is indicted in the High Court, at any time before the sentence is passed, subject to the procedure specified in this section.

“Plea of guilty and sentencing without written plea agreement”.

“Plea of guilty and sentencing with written plea agreement

Code of Criminal Procedure (Amendment)

Where the parties to a case intend to negotiate a plea agreement under this section, the court shall be informed of the same:

The prosecutor, the Attorney-at-Law for the accused, or the accused, may initiate the offer to enter into a plea agreement:

If the accused is indicted in the High

Negotiations for a plea agreement shall be conducted between the prosecutor and the

As part of the plea negotiation process, the prosecutor may meet with the Attorney-at-Law for the accused to ascertain to the satisfaction of the prosecution, a complete description of the criminal conduct engaged

During the plea negotiations with the

consider the nature and the circumstances relating to the case, the impact of the commission of the offence on the victim, the personal circumstances of the accused, and the interests of the public, and the value of any information provided by the accused, including any cooperation provided by the accused as part of the negotiation;

not use the information obtained from an accused during the course of plea negotiations against him during the prosecution of the case if the plea negotiations are ultimately unsuccessful; and

afford-

the victim;

the victim’s Attorney-at-Law;

the National Authority for the

(a) A prosecutor and the accused or the

Notwithstanding the recommendation of the parties, the court shall retain the sole discretion in sentencing and discretion to indicate the sentence that may be imposed.

Where the prosecutor recommends to the court the imposition of a sentence that is more severe than the recommendation included in the plea agreement, the accused may withdraw the plea of guilty and set aside the plea agreement.

Where an accused has withdrawn the plea under paragraph (c), the Judge shall proceed to trial as if a conviction has not been entered.

Where the accused recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement the accused shall not be permitted to withdraw the plea of guilty on the ground alone.

Where the accused person recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement, the prosecutor may recommend to the court any other appropriate sentence.

(a)) The prosecutor shall present the court with the factual basis of the plea set out in the plea agreement by presenting the court with the final plea agreement at the hearing, where the accused pleads guilty in accordance with the terms of the plea agreement. The factual basis shall be included in writing as part of the completed plea agreement.

The plea agreement submitted to the court shall be in the format specified in Form 23 in the Second Schedule.

Where the accused is a child, the plea agreement shall be signed by the child’s parent or guardian.

A plea agreement shall be finalized when the accused signs the agreement.

Upon being satisfied that the accused signed the plea agreement knowingly and voluntarily, the court may accept the plea agreement.

Where the court accepts a plea agreement, the agreement shall become binding upon the parties and the court shall proceed to convict the accused accordingly.

An appeal shall not lie from a conviction imposed after the court has accepted the plea agreement and convicted the accused under subsection (11).

An appeal shall not lie from a sentence imposed by the court which falls within the range of punishment recommended by the parties in the plea agreement.

Where the court rejects a plea agreement–

the reasons for such rejection shall be recorded and the parties shall be informed thereof; and

the plea agreement shall become null and void and the parties shall not be bound by such agreement.

Upon rejection, or withdrawal, of a plea agreement, fresh plea negotiations in a trial relating to the same charge and facts may be considered.

Where the court has rejected a plea agreement under this section, no party shall appeal against, or apply for a review of, the order of the court rejecting the agreement.

For the purposes of this section –

The Second Schedule to the principal enactment is hereby amended by the insertion immediately after Form 22

thereof, of the following new Form and shall have effect as

Form 23 of that Schedule: -

Code of Criminal Procedure (Amendment)

“No. 23

(sections 183A and 197A)

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE COURT _______________________________

CASE NO. ________________________

NAME OF THE ACCUSED: ______________________

PLEA AGREEMENT

Pursuant to section 183A/197A of the Code of Criminal Procedure

Act, No. 15 of 1979, the Accused, ______________________agrees as follows:–

1. The Accused enters into this Plea Agreement and pleads guilty freely, voluntarily, without threat, force, intimidation, or coercion of any kind and without promise or benefit of any kind, other than as contained herein.

2. The Accused knowingly, voluntarily and truthfully admits the facts contained herein.

3. The

Accused pleads guilty to the offence of

_____________________________ punishable under

________

4. The Accused understands every element of the offence to which the Accused is pleading guilty, and that the maximum penalty for that offense is _________________

Code of Criminal Procedure (Amendment)

5. Upon acceptance by the Court, and fulfillment by the Accused of all terms and conditions of the Plea Agreement, the

Prosecution agrees that the Accused will face no other charges from the investigation which led to the present indictment.

6. The Accused has been advised by his/her legal representative and the Court, of his/her Constitutional rights, including the right to trial, the right to examine and cross-examine witnesses, and the Accused being well informed, has knowingly and voluntarily waived these rights, including the right to appeal, and agrees to enter a plea of guilty as set forth in this Plea

Agreement.

7. The Accused understands that the sentence to be imposed upon conviction on his/her plea of guilty is within the sole discretion of the Court. At sentencing, the Prosecutor will recommend

__________________________________

At sentencing, the

Accused will recommend

_____________________________________.

8. The Accused understands and agrees no promises, agreements and conditions have been entered into regarding the charges herein other than those expressly set out in this Plea Agreement and none shall be entered into, or shall be binding upon the

Accused and the Prosecution, unless expressly set forth herein, in writing.

I plead guilty to the offences covered by this Plea Agreement, and every element set out in the Plea Agreement, which has been explained to me in a language I understand. I do this knowingly, freely and voluntarily, and without any threat, force, intimidation, or coercion of any kind.

Accused: _______________________

Date: __________________________”.

Code of Criminal Procedure (Amendment)

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

Code of Criminal Procedure (Amendment)