As enacted

Contents

Proceeds of Crime Act 2025 · As enacted · Part II · Investigation Into Proceeds of Crime, Restraint And Seizure

55. Powers of Investigation of an Investigation Officer with the sanction of the Designated Officer

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

(1)

Following the commencement of an investigation under this Act, an Investigation Officer shall with the sanction of the Designated Officer have the power to :-

(a)

as provided in the subsequent provisions of this

Act, restrain any person from using or transacting with a property and requiring any person to preserve such property which the Investigation

Officer has reasonable grounds to suspect to be proceeds of crime in a manner specified by him in a written restraining order;

(b)

to issue a restraining and preservation order, on any person having possession of, dominion, custody or control over proceeds of crime, which shall contain a direction of what action in respect of such property has been restrained;

(c)

as provided in the subsequent provisions of this

Act, seize any property which the Investigation

Officer has reasonable grounds to suspect to be proceeds of crime:

Provided however, prior to seizing any suspected proceeds of crime, the Investigation

Officer shall consider-

(i)

the approximate monetary value of the suspected proceeds of crime;

(ii)

whether that value exceeds the value specified by the Authority as being the minimum value of the property that may be seized; and

(iii)

whether it would be economically viable to protect, preserve and manage the seized property, pending an order for protection, preservation and management being obtained from the High Court:

Provided further, notwithstanding the value of the property to be seized being minimal or less than the amount specified by the Authority, if the Investigation Officer in consultation with the Designated Officer forms the opinion that public interest demands the seizure of the suspected proceeds of crime, the

Investigation Officer shall for reasons to be recorded in that regard, seize such property in terms of this Act;

(d)

take possession of seized proceeds of crime;

(e)

apply for, obtain, serve and enforce a judicial freezing order relating to a restrained or seized proceeds of crime;

(f)

conduct an investigation into proceeds of crime either jointly or with the assistance of a local or foreign law enforcement authority;

(g)

request the Attorney-General to consider the institution of proceedings for judicial freezing or forfeiture of suspected proceeds of crime; and

(h)

conduct or cause the conduct of surveillance through intelligence gathering agencies of the Sri

Lanka Police and gather information pertaining to –

(i)

suspected proceeds of crime;

(ii)

committing of an unlawful activity;

(iii)

transactions pertaining to suspected proceeds of crime; and

(iv)

the possession, dominion, custody, control and use of suspected proceeds of crime.

(2)

Where surveillance under paragraph (h) of subsection (1) involves -

(a)

interception of private communication with or without recording;

(b)

digital surveillance within private premises of a person under surveillance; or

(c)

any other surveillance, which would relate to the personal life of any person, which is not in public, such surveillance shall be conducted only with the prior authorization obtained from the Magistrate to whom the commencement or the conduct of the investigation has already been reported and if no such report has been presented, to the Magistrate having territorial jurisdiction of the place of such surveillance:

Provided however, if based on grounds of urgency or for grounds beyond the control of the Investigation Officer, obtaining the prior authorization from the Magistrate may defeat the objectives of this Act, having the reasons for taking such action be recorded contemporaneously by the

Investigation Officer, the surveillance may be carried out without obtaining such prior authorization:

Provided further such Investigation Officer shall notify the relevant Magistrate by a confidential communication within twenty four hours of the conduct of such surveillance.

(3)

An application for the authorization of the Magistrate for surveillance under subsection (2) shall be made by a confidential application in that regard, which shall be considered by the Magistrate in ex-parte and in-camera proceedings. The Magistrate shall take every reasonable step to hold such application and the order made in that regard in confidence.

(4)

The Magistrate shall prior to granting authorization for surveillance under subsection (2) consider the legality, necessity and justification based on the principle of proportionality for such investigative measure to be carried out.

Read on from s 56

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