As enacted

Contents

2. Insertion of new sections12A, 12B and 12C in Act…

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

Judicature Act , No. 2 of 1978 (hereinafter referred to as the “principal enactment”) is hereby amended by the insertion immediately after section 12 thereof, of the following new sections which shall have effect as sections 12A, 12B and 12C of that enactment:—

12A. (1) (a) Notwithstanding anything in any other written law, the High Court established by Article 154P of the Constitution for a Province shall, in terms of sub-paragraph (c) of paragraph (3) of Article 154P of the

Constitution hear, try and determine in the manner provided for by written law and subject to the provisions of subsection (4), prosecutions on indictment against any person, in respect of financial and economic offences specified in the Sixth Schedule to this Act, and any other offence committed in the course of the same transaction of any such offence, with three Judges sitting together nominated by the

Chief Justice from among the Judges of the

High Court of the Republic of Sri Lanka

(hereinafter referred to as the “Permanent High

Court at Bar”)

(b)

The Minister may, with the concurrence of the Chief Justice increase, by order published in the Gazette, the number of such Courts of the Permanent High Court at Bar.

“Jurisdiction of the High

Court established under Article 154P of the

Constitution in respect of certain offences.

(2)

(a) Notwithstanding anything to the contrary in any other written law, the

Permanent High Court at Bar shall have jurisdiction in respect of offences referred to in subsection (1) –

(i)

committed by any person wholly or partly in Sri Lanka; or

(ii)

wherever committed by a citizen of Sri

Lanka in any place outside the territory of Sri Lanka or on board or in relation to any ship or aircraft of whatever category.

(b)

For the avoidance of doubt it is hereby declared that the jurisdiction of any other Court in respect of the offences referred to in the Sixth

Schedule, shall continue to be in force.

(3)

The jurisdiction of such Permanent High

Court at Bar shall–

(a)

if such Court is the Court established for the Western Province, be exercised by that Court sitting in

Colombo and where necessary in any other place within the Western

Province, as may be designated by the Minister by Order published in the Gazette, with the concurrence of the Chief Justice; or

(b)

if such Court is the Court established for any other Province, be exercised by that Court sitting in such place within that Province, as may be designated by the Minister by Order published in the Gazette, with the concurrence of the Chief Justice.

(4)

(a) The Attorney General or, the Director

General for the Prevention of Bribery and

Corruption on the direction of the Commission to Investigate Allegations of Bribery or

Corruption, as the case may be, shall, taking into consideration–

(i)

the nature and circumstances;

(ii)

the gravity;

(iii)

the complexity;

(iv)

the impact on the victim; or

(v)

the impact on the State, of the offence, referred to in subsection (1), refer the information relating to the commission of such offence to the Chief Justice for a direction whether criminal proceedings in respect of such offence shall be instituted in the Permanent High Court at Bar.

(b)

Where the Chief Justice is of the opinion that any one or more of the criteria specified in paragraph (a) has been satisfied in referring information under that paragraph, he may by order under his hand direct that the criminal proceedings in respect of such offence be instituted in the Permanent High Court at Bar.

(5)

Where the Chief Justice so directs, a trial before such Permanent High Court at Bar shall–

(a)

be held upon indictment by the

Attorney General, or the Director

General for the Prevention of

Bribery and Corruption on the direction of the Commission to

Investigate Allegations of Bribery or

Corruption;

(b)

be held and concluded expeditiously;

and

(c)

unless in the opinion of the Court, exceptional circumstances exist which shall be recorded, be heard from day to day, to ensure the expeditious disposal.

(6)

(a) Where any Judge of the Permanent

High Court at Bar, dies or resigns or requests to be discharged from hearing the whole or part of any trial, before or after its commencement, or refuses or becomes unable to act, or otherwise ceases to be a Judge of the High

Court, the Chief Justice shall, not later than two weeks of such death, resignation, discharge, refusal, inability or other cause, which causes such Judge to cease to be a Judge of such High

Court, nominate another Judge of the High

Court of the Republic of Sri Lanka in his place, to hear the whole or any part of such trial.

(b)

Where a new Judge has been nominated under paragraph (a), it shall not be necessary for any evidence taken prior to such nomination to be retaken and the Permanent High Court at

Bar shall be entitled to continue the trial from the stage at which it was immediately prior to such nomination, subject to the proviso to section 48 of this Act.

(7)

The provisions of the Code of Criminal

Procedure Act, No.15 of 1979 and the

Commission to Investigate Allegations of

Bribery or Corruption Act, No. 19 of 1994 or any other written law, shall, mutatis mutandis, apply to the institution of proceedings and trials before the Permanent High Court at Bar.

12B.

Right of Appeal

(1)

An appeal from any judgment, sentence or order pronounced at a trial held by a Permanent High Court at Bar under section 12A, shall be made within twenty eight days from the pronouncement of such judgment, sentence or order to the Supreme Court and shall be heard by a Bench of not less than five

Judges of that Court nominated by the Chief

Justice.

(2)

The provisions of the Code of Criminal

Procedure Act, No. 15 of 1979 and the

Commission to Investigate Allegations of

Bribery or Corruption Act, No. 19 of 1994, or of any other written law governing appeals to the Court of Appeal from judgments, sentences or orders of the High Court in cases tried without a Jury shall, mutatis mutandis, apply to the appeals to the Supreme Court under subsection (1) from judgments, sentences or orders pronounced at a trial held before the

Permanent High Court at Bar under section 12A.

(3)

Any appeal made under this section shall be heard and disposed of, expeditiously.

12C.

permanent

Where criminal proceedings have been instituted in terms of subsection (4) of section 12A, in the Permanent High Court at Bar, in respect of an offence referred to in subsection (1) of section 12A, a reference to any other court in the relevant law, shall be deemed to be a reference to the Permanent High Court at Bar, with effect from the date on which the indictment is filed in the Permanent High Court at Bar.”.

Construction of written law in relation to the offences prosecuted against, in the

High Court at

Bar.

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