CODE OF CRIMINAL PROCEDURE
(SPECIAL PROVISIONS) ACT

Arrangement of Sections

1. Short title.

2. Period of detention of persons arrested not to be more than twenty-four hours or forty-eight hours.

3. Direct indictment in case of offence committed in aggravating circumstances.

4. Magistrate to forward record to Attorney-General.

5. Proceedings to be terminated within ninety days.

6. Depositions.

7. Duration of the Act.

8. Validation.

9. Sinhala text to prevail in case of inconsistency.

SCHEDULE

2 of 2013.

AN ACT to provide for the extension of the period of detention of persons arrested without a warrant in order to facilitate the conduct of investigations; for dispensing with the conduct of the non-summary inquiry in certain cases; to provide for the taking of depositions of witnesses for the prosecution; and to make provision for matters connected therewith or incidental thereto.

[Date of Commencement: 06th February 2013]

1. Short title.

This Act may be cited as the Code of Criminal Procedure (Special Provisions) Act.

2. Period of detention of persons arrested not to be more than twenty-four hours or forty-eight hours.

Notwithstanding anything contained in the Code of Criminal Procedure Act, No. 15 of 1979 other than the provisions of section 43A of that Act, any peace officer shall not detain in custody or otherwise confine a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the presence of the Magistrate:

Provided that, where the arrest is in relation to an offence as is specified in the Schedule to this Act, such period of detention in police custody may, on production before him of the person arrested and on a certificate filed by a police officer not below the rank of the Assistant Superintendent of Police submitted prior to the expiration of the said period of twenty-four hours, to the effect that it is necessary to detain such person for the purpose of further investigations, be extended upon an Order made in that behalf by the Magistrate for a further period not exceeding twenty-four hours, so however that the aggregate period of detention shall not exceed forty-eight hours:

Provided further, that any person arrested and detained for a further period shall be afforded an opportunity to consult an Attorney-at-Law of his choice and to communicate with any relative or friend of his choice during the period of such detention.

3. Direct indictment in case of offence committed in aggravating circumstances.

(1) Notwithstanding anything contained in the Code of Criminal Procedure Act, No. 15 of 1979, where there are aggravating circumstances or circumstances that give rise to public disquiet inconnection with the commission of an offence, specified in the Second Schedule to the Judicature Act, No. 2 of 1978, it shall be lawful for the Attorney-General to forward indictment directly to the High Court.

(2) The Attorney-General may in forwarding indictment directly in terms of subsection (1) proceed to do so ex mero motu or upon receipt of the relevant record from the Magistrate.

4. Magistrate to forward record to Attorney- General.

(1) Notwithstanding anything contained in the Code of Criminal Procedure Act, No. 15 of 1979, where there are aggravating circumstances or circumstances that give rise to public disquiet inconnection with the commission of an offence, specified in the Second Schedule to the Judicature Act, No. 2 of 1978, the Magistrate shall not hold a preliminary inquiry in terms of Chapter XV of the Code of Criminal Procedure Act, No. 15 of 1979 and shall forthwith forward the record of the proceedings to the Attorney-General and thereafter abide by the instructions of the Attorney-General.

(2) Upon receipt of the record of the proceedings by the Magistrate in terms of subsection (1), the Attorney-General shall—

(a) where he is of the opinion that there are aggravating circumstances or circumstances that give rise to public disquiet in connection with the commission of the aforesaid offence, forward indictment directly to the High Court;

(b) where he is of the opinion that the circumstances do not warrant the forwarding of direct indictment to the High Court, return the record to the Magistrate within thirty days of the receipt of the same and direct that a preliminary inquiry be held in terms of Chapter XV of the Code of Criminal Procedure Act, No. 15 of 1979.

(3) If the Magistrate proceeds to hold a preliminary inquiry in terms of Chapter XV of the aforesaid Code, the Attorney-General shall, call for the record of the proceedings, for the purpose of considering the forwarding of indictment directly to the High Court. In such an event the Magistrate shall forthwith suspend proceedings and forward the record of the proceedings to the Attorney-General and shall thereafter abide by the instructions of the Attorney-General.

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