5. Replacement of section 5 of the principal enactment

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

Section 5 of the principal enactment is hereby repealed and the following new sections are substituted therefor:–

5. (1) An application shall be made to the

Central Authority by the appropriate authority of a specified country or specified organization requesting for information or assistance in respect of such criminal and related matters referred to in this Act. Such information shall be obtained to prevent, detect, investigate or institute proceedings in respect of a criminal activity within or outside that country.

(2)

The Application shall be made substantially in the Form set out in the Schedule hereto and shall be accompanied by such documents as may be specified for that purpose by the Central Authority to enable prompt action under section 5A.

(3)

Notwithstanding the provisions of subsection (1), a request which conforms to the provisions of subsection (2) may be forwarded

“Application made by a specified country or specified organization.

Mutual Assistance in Criminal Matters through electronic means directly to the relevant competent authority through the appropriate authority of a specified country or specified organization.

(4)

Where a request is made directly to a competent authority under subsection (3), the said competent authority shall immediately inform the Central Authority by forwarding a copy of the relevant request.

(5)

Assistance or information on a request made under this section referred to the competent authority by the Central Authority shall, subject to the provisions of section 6, be transmitted to the appropriate authority of a specified country or specified organization directly–

(a)

by the Central Authority; or

(b)

by the relevant competent authority, and the said competent authority shall report to the Central Authority on the progress made or on the completion of the request.

(6)

No court in Sri Lanka may reject a request on the grounds that the Central

Authority did not receive such request directly from the appropriate authority of a specified country or specified organization.

5A.

Prompt response to requests

(1)

The Central Authority, on receiving a request may as soon as possible either approve, approve partially, approve subject to such conditions as may be necessary, postpone or refuse such request.

Mutual Assistance in Criminal Matters

(2)

Upon receipt of a request the Central

Authority shall promptly–

(a)

direct a competent authority to process the information in respect of the request;

(b)

inform the appropriate authority of a specified country or specified organization–

(i)

of the outcome of the execution of the request, with reasons;

(ii)

of any reasons that render impossible the execution of the request or are likely to delay it significantly.

5B. (1) The Central Authority may direct a competent authority to spontaneously transmit information requested relating to a criminal matter to an appropriate authority of a specified country or specified organization in exigent situations, on the assurance of reciprocity and on such conditions as may be necessary for the purposes of confidentiality.

(2)

For the purpose of this section an “exigent situation” shall be determined by the Central

Authority, having considered the gravity of the offence or the insidious nature of the criminal matter, setting out reasons in writing.”.

Read on from s 6