Prevention of Terrorism (Temporary Provisions) (Amendment) Act 2022

This Act may be cited as the Prevention of Terrorism

(Temporary Provisions) (Amendment) Act, No. 12 of 2022.

Section 9 of the Prevention of Terrorism (Temporary

Provisions) Act, No. 48 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended in the proviso to subsection (1) thereof, by the substitution for the words

“eighteen months.” of the words “twelve months.”.

The following new sections are hereby inserted immediately after section 9 of the principal enactment and shall have effect as sections 9A and 9B of that enactment: -

9A. (1) The officer in charge of the place of detention shall, forthwith and in any case, not later than forty-eight hours from the time of issuance of an Order under section 9, make available a certified copy of such Order to the

Magistrate within whose judicial division the place of detention of the person in respect of whom such Order relates is situated, for the

Magistrate to visit such place of detention, in terms of section 9B.

The detention of any person under section 9 shall be communicated to the Human

For the purpose of subsection (1), the

personally see the suspect, and look into his wellbeing, welfare and conditions under which he is kept at such place of detention; and

record his observations and any complaint the suspect may make.

Where the Magistrate is of the opinion, that the suspect may have been subjected to torture, the Magistrate may –

direct that the suspect be produced before a Judicial Medical Officer for medical examination, and a report be submitted to him by such Judicial

make an order to change the place of detention of the suspect.

Where the report of such Judicial

The Magistrate shall also direct the

Section 10 of the principal enactment is hereby repealed and the following section is substituted therefor:-

10. An Order made under section 9 shall be final and shall not be called in question in any proceedings or in any court of law, save and except in proceedings under Article 126,140

or 141 of the Constitution.”.

The following new section is hereby inserted immediately after section 10 of the principal enactment and shall have effect as section 10A of that enactment:-

10A. (1) An Attorney-at- Law representing a person remanded or detained under this Act, shall have the right of access to such person and to make representations on behalf of such person, subject to such conditions as may be prescribed by regulations made under this Act or as provided for in other written law.

A person remanded or detained under this Act shall have the right to communicate with his relatives, as provided for in written law.”.

Section 11 of the principal enactment is hereby amended as follows:-

by the insertion immediately after subsection (1)

in the proviso to subsection (3) thereof, by the substitution for the words “eighteen months.” of the words “twelve months.”;

by the repeal of subsection (5) thereof and the substitution therefor of the following subsection:-

Section 14 of the principal enactment is hereby repealed.

Section 15 of the principal enactment is hereby amended by the addition immediately after subsection (2)

thereof, of the following new subsection:-

“(3) Every trial under this Act shall be held on a day to day basis, unless in the opinion of the court exceptional circumstances warrant postponement of the commencement or continuation of trial, for reasons which shall be recorded by court.”.

Section 15A of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words and figures “section 19(a)”, of the word and figure

“section 19”.

The following new section is hereby inserted immediately after section 15A of the principal enactment and shall have effect as section 15B of that enactment:-

15B. Notwithstanding anything to the contrary in the provisions of this Act, if the trial against a person remanded or detained under this Act has not commenced after the expiration of twelve months, from the date of arrest, the Court of Appeal may release such person on bail, upon an application in that behalf, made by the suspect or an Attorney-at-

Law on his behalf:

Provided however, notwithstanding the provisions of subection (2) of section 15, the

High Court may in exceptional circumstances release the suspect on bail subject to such conditions as the High Court may deem fit:

Provided further, where the trial against an accused in respect of whom the indictment has been forwarded and filed in the High Court, has not commenced after the expiration of twelve months from the date of such filing, the

High Court may consider to release such person on bail, upon an application in that behalf made by the accused or an Attorney-at-Law on his behalf.”.

Section 19 of the principal enactment is hereby repealed and the following section is substituted therefor:-

19. Notwithstanding the provisions of any other written law, every person convicted by any court of any offence under this Act shall, notwithstanding that he has lodged a petition of appeal against his conviction or the sentence imposed on him, be kept on remand until the determination of the appeal:

Provided however, that the Court of Appeal may in exceptional circumstances release on bail any such person subject to such conditions as the Court of Appeal may deem fit .”.

“Provisions of any written law relating to the grant of bail not to apply to persons accused of any offence under this

Act

“Grant of bail to persons in remand or in detention

Prevention of Terrorism (Temporary Provisions)

“Protection of officers

&c.

Section 26 of the principal enactment is hereby repealed and the following section is substituted therefor:-

26. (1) An Order made or direction given under this Act may be questioned in proceedings under Article 126, 140 or 141 of the Constitution.

Subject to the provisions of subsection (1), no suit, prosecution or other proceeding, civil or criminal, shall lie against any officer or person for any act or thing done in good faith in pursuance of any Order made or direction given under this Act.”.

Section 31 of the principal enactment is hereby amended as follows:-

by the repeal of the definition of the expression

by the repeal of the definition of the expression

by the insertion immediately after the definition

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.