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Part II · Legal Proceedings in Respect of Protected Persons

10. Reduction of sentence and custody of protected prisoners of war and internees

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

(1)

Where a protected prisoner of war or a protected internee is convicted of an offence, the Court shall —

(a)

in the case of a sentence of death, on a consideration of all the facts of the case, consider whether such sentence can be commuted to one of life;

(b)

in fixing a term of imprisonment in respect of the offence, deduct from the term it would otherwise have fixed, any period during which the convicted person had been in custody in connection with the offence before the trial ; and

(c)

in fixing the penalty other than imprisonment in respect of the offence, take that period of custody into account.

(2)

Where the Attorney-General is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which the protected prisoners of war are detained, for an aggregate period of not less than three months, the High Court may, on a request of the

Attorney-General, direct that the prisoner shall be transferred from that custody to the custody of the armed forces and thereafter remain in such custody at a camp or place in which protected prisoners of war are detained, and be brought before the Court at the date and time appointed for his trial.

Part III

Abuse of the Red Cross and Other Emblems

Read on from Part III

Part IV

General

Read on from Part IV

Schedules