As enacted

Contents

Mutual Assistance in Criminal Matters Act 2002 · As enacted · Part I · Application of the Act and Request for Assistance

6. Refusal of assistance

Official English translation. The Sinhala text prevails.

(1)

A request by the appropriate authority of a specified country for assistance under this Act shall be refused, in whole or in part, if, in the opinion of the Central Authority —

(a)

the request relates to the prosecution or punishment of a person in respect of an act or omission which, if it had occurred in Sri Lanka would not have constituted an offence under the law of Sri Lanka ;

(b)

the request relates to the prosecution or punishment of a person for an offence of a political character ;

(c)

the request relates to the prosecution or punishment of a person in respect of an act or omission which, if it had occurred in Sri Lanka, would have constituted an offence only under the military law of Sri Lanka ;

(d)

the request relates to the prosecution of a person for an offence where, such person has been acquitted or convicted in accordance with the law of Sri Lanka in respect of that offence or another offence constituted by the same act or omission as that constituting the offence ;

(e)

compliance with the request would be contrary to the Constitution of Sri Lanka or prejudicial to national security, international relations or public policy ;

(f)

based on substantial grounds, compliance with the request would facilitate the prosecution or punishment of, or cause prejudice to, any person on account of his race, religion, language, caste, sex, political opinions or place of birth :

Provided that it shall be lawful for the Central Authority to entertain a request relating to an act or omission which would not have constituted an offence under the law of Sri

Lanka had it occurred in Sri Lanka, if, in the opinion of the

Central Authority, such act or omission is of a serious nature, and is a criminal matter within the meaning of this Act.

(2)

For the purposes of subsection (1), an offence shall be deemed not to be an offence of a political character, if it is an offence within the scope of an International Convention to which both Sri Lanka and the specified country making the request are parties and which imposes on the parties thereto an obligation to extradite or prosecute a person accused of the commission of that offence.

Part II

Assistance in Relation to Locating and Identifying Persons

Read on from Part II

Part III

Assistance in Relation to the Service of Summons and Other Documents

Read on from Part III

Part IV

Assistance in Relation to Taking of Evidence and Production of Documents or Other Articles

Read on from Part IV

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