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As enacted
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Part II · Legal Proceedings in Respect of Protected Persons

7. Service of notice of trial of protected persons on protecting power &c,

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

(1)

The Court before which —

(a)

a protected prisoner of war is brought up for trial for any offence under this Act; or

(b)

a protected internee is brought up for trial for an offence under this Act, for which that Court has the power to sentence him for a term of imprisonment extending to two years or more, shall not proceed with the trial until it is proved to the satisfaction of the Court that a Notice stating the matters set out in subsection (2) in so far as they are known to the prosecutor, had been served three weeks previously on the protecting power, if any, and if the accused is a protected prisoner of war on the accused and the prisoners’

representative.

(2)

The following matters shall be included in the Notice referred to in subsection (1)—

(a)

the full name, date of birth and description of the accused, including his profession or trade;

(b)

where the accused is a protected prisoner of war, his rank and his army, regimental, personal and serial number ;

(c)

the accused’s place of detention, internment or residence;

(d)

the offence with which the accused is charged; and

(e)

the Court before which the trial is to take place and the date and the time fixed for the trial.

(3)

For the purposes of this section a document purporting —

(a)

to be signed on behalf of the protecting power or by the prisoners’ representative or by the person accused as the case may be; and

(b)

to be an acknowledgement of the receipt by that power, representative or person on a specified day, of a Notice described in the document as a Notice given in terms of the provisions of this section, shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day.

(4)

For the purposes of this section “prisoners’

representative” in relation to a particular protected prisoner of war at a particular time means the person by whom the function of the prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation of that prisoner at the camp or place at which that prisoner of war was detained at, or last detained before that time, as a protected prisoner of war.

(5)

A Court which adjourns a trial for the purposes of enabling the requirements of this section to be complied with, may, notwithstanding anything to the contrary in any other written law, remand the accused for the period of the adjournment.

Part III

Abuse of the Red Cross and Other Emblems

Part IV

General

Schedules