Code of Criminal Procedure (Special Provisions) Act 2007 · As enacted
4. Magistrate to forward record to Attorney-General
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
Notwithstanding anything contained in the Code of Criminal Procedure Act, No.15 of 1979 where there are aggravating circumstances or circumatsnces that give rise to public disquiet in connection with the commission of an offence specified in the Second Schedule to the Judicature
Act, No. 2 of 1978, the Magistrate shall not hold a preliminary inquiry in terms of Chapter XV of the Code of Criminal
Procedure Act, No.15 of 1979 and shall forthwith forward the record of the proceedings to the Attorney-General and thereafter abide by the instructions of the Attorney-General.
Upon receipt of the record of the proceedings by the
Magistrate in terms of subsection (1), the Attorney-General shall—
where he is of the opinion that there are aggravating circumstances or circumstances that give rise to public disquiet in connection with the commission of the aforesaid offence, forward indictment directly to the High Court ;
Code of Criminal Procedure (Special Provisions)
where he is of the opinion that the circumstances do not warrant the forwarding of direct indictment to the High Court, return the record to the Magistrate within thirty days of the receipt of the same and direct that a preliminary inquiry be held in terms of
Chapter XV of the Code of Criminal Procedure Act,
No.15 of 1979.
If the Magistrate proceeds to hold a preliminary inquiry in terms of Chapter XV of the aforesaid Code, the Attorney-General shall, call for the record of the proceedings, for the purpose of considering the forwarding of indictment directly to the High Court. In such an event the Magistrate shall forthwith suspend proceedings and forward the record of the proceedings to the Attorney-General and shall thereafter abide by the instructions of the Attorney-General.