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Part IV · Investigation and Prosecution of Offences

26. Unit to enter and search premises or persons

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

(1)

Where the Unit has reasonable grounds to suspect that—

(a)

an offence under this Act is being committed or has been committed at any premises, and evidence of the commission of such offence is to be found at any premises or with any person; or

(b)

any data, information, document or device connected to the commission of any offence under this Act is to be found at any premises or with any person, a member of the Unit or any person authorised by the Head of the Unit may enter and search such premises or any person found on such premises in accordance with the provisions of the Code of Criminal Procedure Act. Such member or person may obtain the assistance of police officers outside the Unit to carry out such search.

(2)

A member of the Unit or any person authorised by the

Head of the Unit who enters and search any premises or person under subsection (1) may, in the manner provided for by the Code of Criminal Procedure Act—

(a)

seize any device which is found on such premises or with such person and which such member or authorised person has reasons to believe to be evidence of the commission of an offence under this Act;

(b)

seize data, information or document which is found on such premises or with such person and which such member or authorised person has reasons to believe to be evidence of the commission of an offence under this Act, or obtain any copy thereof;

or

(c)

arrest any person found on such premises who such member or authorised person has reasons to believe to be connected with the commission of an offence under this Act.

Prevention of Offences relating to Sports

(3)

A member of the Unit or any person authorised by the

Head of the Unit making an arrest without a warrant of any person suspected of committing an offence under this Act, shall, without unnecessary delay and within twenty four hours of such arrest, exclusive of the time taken for the journey from the place of arrest to the presence of the

Magistrate, produce such person before the Magistrate of the Court nearest to the place such person is arrested.

(4)

Where, by virtue of this section, a person has any power to enter into any premises such person may use such force as is reasonably necessary for the purpose of exercising such power.

(5)

Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.

Read on from s 27

Part V

General

Read on from Part V