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Contents

Part II · Investigation Into Proceeds of Crime, Restraint And Seizure

60. Judicial authorization for special investigative techniques

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

(1)

An investigation officer shall have the power to conduct the following special investigative techniques subject to the judicial authorization from a Magistrate as specified in section 56 :-

(a)

controlled delivery;

(b)

digital surveillance which includes the interception and recording of digital, voice, video communication;

(c)

undercover operations including those involving the use of decoys;

(d)

laying of traps; and

(e)

forensic extraction of data, information and images, from computers, mobile phones, digital data storage devices, and other digital equipment.

(2)

Upon the receipt of an application as afore-stated from an Investigation Officer the Magistrate shall without delay consider the said application and upon being satisfied grant authorization for the conduct of necessary special investigations. Where necessary the Magistrate may in the interest of justice impose conditions to be complied with.

(3)

The Magistrate shall prior to granting authorization for the conduct of a special investigative technique consider the necessity and justification for its conduct based on the principle of proportionality for such investigative technique to be carried out.

(4)

Following the obtaining of authorization as referred to above, the Investigation Officer shall once in fourteen days report progress of such investigation using the special investigative technique for which authorization has been obtained to the relevant Magistrate.

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