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srilawsby aturio
As enacted
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Part IV · Assistance in Relation to Taking of Evidence and Production of Documents or Other Articles

10. Request by a specified country for evidence to be taken and documents and to be produced in Sri Lanka

Official English translation. The Sinhala text prevails.

(1)

Where the appropriate authority of a specified country makes a request to the Central Authority that —

(a)

evidence be taken in Sri Lanka ; or

(b)

documents or other articles in Sri Lanka be produced, for the purposes of a proceeding in relation to a criminal matter in the specified country, the Central Authority may in his discretion refer such request to a Magistrate, authorized by a general or special order made by the President of the Court of

Appeal to take such evidence or to receive such documents or articles, and shall, upon receipt of such evidence, documents or articles from such Magistrate, transmit the same to the appropriate authority of the specified country.

(2)

Every request made under subsection (1) by the appropriate authority of a specified country shall, so far as circumstances of the case permit, specify—

(a)

the names and addresses or the official designations of the witnesses to be examined ;

(b)

the questions to be put to the witnesses or the subject matter about which they are to be examined ;

(c)

whether it is desired that the witnesses be examined orally or in writing ;

(d)

any provision of the law of the specified country as to privileges or exemptions from giving evidence which appear relevant to the request ; and

(e)

any special requirements of the law of the specified country as to the manner of taking evidence relevant to its admissibility in that country ;

(f)

whether it is desired that the original of a document be produced or whether a certified copy of the document would be sufficient.

(3)

Where the taking of evidence or the production of documents or other articles under subsection (1) has been authorized—

(a)

the Magistrate specified in the authorization may take the evidence on oath of each witness appearing before such Magistrate to give evidence in relation to such matter, and such Magistrate shall—

(i)

cause the evidence to be taken in writing and certify that the evidence was taken by such

Magistrate ; and

(ii)

cause the evidence so certified to be sent to the

Central Authority ;

(b)

a Magistrate may, require the production before him, of the documents or other articles and, where the documents or other articles are so produced, the

Magistrate shall send the documents, or where it is impracticable to send such documents to the Central

Authority or where the request relates only to copies of such documents, copies of such documents certified to be true copies by the Magistrate, or the other articles, as the case may be, to the Central

Authority.

(4)

The evidence of any witness may be taken in the presence or absence of the person to whom the proceeding in the specified country relates or his legal representative, if any.

(5)

The Magistrate conducting a proceeding under subsection (3) shall permit—

(a)

the person to whom the proceeding in the specified country relates ;

(b)

the appropriate authority of the specified country, to have legal representation at the proceeding before the

Magistrate.

(6)

The certificate of the Magistrate under subsection (3)

shall state whether legal representation was permitted at the proceedings conducted under that subsection and whether any of the following persons were present at the time the evidence was taken or the documents or other articles were produced :—

(a)

the person to whom the proceeding in the specified country relates or his legal representative, if any ;

(b)

any other person giving evidence or producing documents or other articles or his legal representative, if any.

(7)

The provisions of the Code of Criminal Procedure

Act, No. 15 of 1979 relating to the compelling of attendance of witnesses and the production of documents by witnesses shall apply in relation to a Magistrate’s Court which is authorized to take such evidence.

(8)

The Central Authority shall cause the certificate of the Magistrate sent to him under subsection (3) to be transmitted to the appropriate authority of the specified country.

(9)

A person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in a specified country shall not be compelled to answer a question, or produce a document or article, that the person is not compelled to answer or produce, as the case may be, in such proceeding in the specified country.

(10)

A duly authenticated foreign law immunity certificate shall be admissible in proceedings under this section as prima facie evidence of the matters stated in such certificate but shall not, without the consent of the appropriate authority, be used for any purpose other than for the purposes of the

Criminal matter specified in the request.

Read on from s 11

Part V

Arrangements for Persons to Give Evidence or Assist Investigations

Read on from Part V

Part VI

Assistance in Relation to Search and Seizure

Read on from Part VI

Part VII

Tracing Proceeds of Crime and Enforcement of Orders

Read on from Part VII

Part VIII

General

Read on from Part VIII

Schedules