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As enacted
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Part V · Arrangements for Persons to Give Evidence or Assist Investigations

13. Request by the Central Authority for prisoner or other person in specified country to give evidence or assist an investigation

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where a proceeding or investigation relating to a criminal matter has commenced in Sri Lanka and the Central

Authority is of the opinion that a person who is in a specified country, is—

(a)

a prisoner in such specified country ;

(b)

capable of giving evidence relevant to that proceeding or of giving assistance in relation to such investigation as the case may be ; and

(c)

has given, or is likely to give, his consent to being removed to Sri Lanka for the purposes of giving evidence in such proceeding or of giving assistance in relation to such investigation, as the case may be, the Central Authority may, in his discretion, request the appropriate authority in the specified country to authorise the removal of such person to Sri Lanka, to give evidence at a hearing in connection with that proceeding or to give assistance in relation to such investigation, as the case may be.

(2)

A person removed to Sri Lanka from a specified country, pursuant to a request made by the Central Authority under subsection (1) shall, while such person is in Sri Lanka or travelling to or from Sri Lanka pursuant to such request, be held in such custody as the Central Authority may, in writing direct. A direction given under this subsection shall be deemed to authorize the holding in custody of the person to whom such direction relates.

(3)

The provisions of the Prisons Ordinance relating to the conditions of imprisonment of persons imprisoned in a prison in Sri Lanka, their treatment during imprisonment and their transfer from prison to prison shall apply so as far as they are capable of application, in relation to a person held in custody pursuant to a direction by the Central Authority under subsection (2).

(4)

Where—

(a)

a person is held in custody pursuant to a direction made by the Central Authority under subsection (2) ;

and

(b)

the appropriate authority in the specified country from which such person was removed to Sri Lanka requests the release of such person from custody, the Central Authority shall direct that such person be released from custody.

(5)

Any person who escapes from lawful custody while held in custody in Sri Lanka pursuant to a request made by the Central Authority under subsection (1) shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to rigorous imprisonment for a term not exceeding ten years.

(6)

Where a proceeding or an investigation relating to a criminal matter has commenced in Sri Lanka and the Central

Authority is of the opinion that a person (not being a prisoner)

who is in a specified country—

(a)

is capable of giving evidence relevant to that proceeding or of giving assistance in relation to such investigation, as the case may be; and

(b)

has consented to travel to Sri Lanka, to give evidence in such proceeding or to give assistance in relation to such investigation, as the case may be, the Central Authority may, in his discretion, request the appropriate authority of the specified country to make arrangements for the travel of that person to Sri Lanka.

Read on from s 14

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