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Contents

Part I · General Provisions and Offences

41. Jurisdiction and powers of the Magistrate’s Court

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

(1)

The Magistrate’s court shall in addition to the jurisdiction and the powers vested in it by the Judicature Act and the Code of Criminal Procedure Act have the power to –

(a)

make orders as provided in this Act to enable

Investigation Officers to conduct investigations, gather information, documents and material for investigation purposes and the search of premises, other locations and devices;

(b)

make orders as provided in this Act authorizing the conduct of special investigation techniques;

(c)

take note of restraining orders issued by

Investigation Officers and seizure of property;

(d)

take note of judicial freezing of suspected proceeds of crime by the High Court;

(e)

record the statement of any person on the application of an Investigation Officer. Such application shall be made during the course of an investigation into any suspected proceeds of crime and having first recorded a statement of such person by an Investigation Officer;

(f)

make any other necessary order for the purpose of achieving the objectives of this Act; and

(g)

subject to the provisions of this Act, adopt a fair sui generis procedure for the conduct of proceedings, for the purpose of achieving the objectives of this Act.

(2)

Any reference in this Act to a Magistrate shall mean the Magistrate in whose jurisdiction the property believed to be proceeds of crime is located, and where –

(a)

the location of the property cannot be traced;

(b)

the property is in parts located within the jurisdiction of more than one Magistrate;

(c)

the property has a virtual presence or is in cyber space;

(d)

the property is intangible; or

(e)

the property is located overseas, shall mean the Magistrate of Colombo.

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Part III

Judicial Freezing of Proceeds of Crime

Part IV

Protection, Preservation and Management of Proceeds of Crime

Part V

Proceeds of Crime Management authority

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Part VII

Civil Remedy For Victims Of Crime

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Part IX

Victims Of Crime Reparation Trust Fund

Part X

International Cooperation

Part XI

Miscellaneous Provisions

Schedules