As enacted

Contents

Proceeds of Crime Act 2025 · As enacted · Part I · General Provisions and Offences

44. Powers of the Attorney-General under this Act

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

(1)

The Attorney-General shall have the power to advise-

(a)

the Commission to Investigate Allegations of

Bribery or Corruption and its officers when advice is sought;

(b)

either ex-mero motu or when sought, the Police

Designated Officer and Police Investigation

Officers regarding the conduct of investigations and the exercise of duties and powers conferred on such officers by this Act; and

(c)

the Authority regarding its duties and functions under this Act.

(2)

The Attorney-General shall have the power to-

(a)

present indictments to the High Court and conduct prosecutions regarding the committing of offences under this Act;

(b)

sanction the institution of criminal proceedings, undertake, conduct and carry-on criminal proceedings in the Magistrate’s court pertaining to the committing of offences contained in this

Act;

(c)

on behalf of the Police Designated Officer or Police Investigation Officer make any application to the Magistrate’s Court;

(d)

make applications referred to in this Act to the

High Court in respect of proceeds of crime and matters incidental thereto including applications for judicial freezing of proceeds of crime and forfeiture of proceeds of crime; and

(e)

call for and examine any record, file or document of the Police or the Authority.

(3)

The Attorney-General shall have the power to make recommendations to the High Court pertaining to –

(a)

the protection, management and preservation of proceeds of crime in respect of which an application for judicial freezing to the High

Court has been made or an order of judicial freezing has been made by the High Court;

(b)

restraining or preservation order which has been made by an Investigation Officer; or

(c)

property suspected to be proceeds of crime which has been seized by an Investigation

Officer.

(4)

The Attorney-General shall by himself or by an officer of the Attorney-General’s Department or by an Attorney-at-Law authorized by the Attorney-General be entitled to intervene, appear, and make representations on behalf of the state in any court of law in any proceedings instituted under this Act.

(5)

The powers and functions of the Attorney-General conferred on him by this Act shall be performed by the

Attorney-General himself or by an officer generally or specially authorized in that regard by the Attorney-General.

Read on from s 45

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Read on from Part II

Part III

Judicial Freezing of Proceeds of Crime

Read on from Part III

Part IV

Protection, Preservation and Management of Proceeds of Crime

Read on from Part IV

Part V

Proceeds of Crime Management authority

Read on from Part V

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Read on from Part VI

Part VII

Civil Remedy For Victims Of Crime

Read on from Part VII

Part VIII

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

Read on from Part VIII

Part IX

Victims Of Crime Reparation Trust Fund

Read on from Part IX

Part X

International Cooperation

Read on from Part X

Part XI

Miscellaneous Provisions

Read on from Part XI