4. Aggravating Circumstances

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

Where an offence under subsections (1) and (2) of section 2 is committed—

(a)

by a person (hereinafter referred to as an “offender”), who—

(i)

is a member of, or is involved in the activities of, an organized criminal group which is involved in the trafficking of women and children;

(ii)

is involved in other international organized criminal activities ;

(iii)

has inflicted violence or used arms in the commission of the offence ;

(iv)

is holding public office and by virtue thereof is misusing fully the powers and authorities of that office ;

Convention on Preventing and Combating

Trafficking in Women and Children for

Prostitution Act, No. 30 of 2005

(v)

is involved in victimisation or trafficking of children ; and

(vi)

is a previously convicted person particularly of similar offences ; or

(b)

in a custodial institution or in an educational institution or social facility or in their immediate vicinity or in other places to which children and students visit for educational, sports, social and cultural activities, such facts shall be taken into account by the High Court in exercising its jurisdiction over the offences referred to in subsections (1) and (2) of section 2 having regard to the grave nature of the offences committed.

Read on from s 5

4. Aggravating Circumstances

Schedules