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Wednesday, 23 January 2013

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Criminal Procedure Bill passed

The Criminal Procedure Code (Special Provisions) Bill which is to provide for the extension of the period of the detention of persons arrested without a warrant to facilitate the conduct of investigations, was passed with a majority of 77 votes in Parliament yesterday.

One hundred and ten members voted in favour while 33 members voted against the Bill.

UNP, TNA and DNA voted against the Bill.

UNP MP John Amarathunga asked for a division.

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

This Act will provide for the extension of detention of the persons arrested by the Police to 48 hours if the detainees are arrested in connection with organized crimes such as murder, culpable homicide, attempt to commit murder, kidnapping or abduction to commit murder, kidnapping or abduction with intent to subject a person to grievous hurt, rape, robbery with attempt to cause death, an offence committed with the use of explosives, an offensive weapon or a gun etc.

These measures have been introduced to support the Police to control organized crimes to create a peaceful country. However the provisions of this Act shall be in operation for a period of two years commencing from the date of coming into operation. This Act will also allow the detainees to meet his or her lawyer or a close relative at the expiration of 24 hours in the detention guaranteeing his or her rights.

This Act also provides for the Magistrate to forward the record of the proceedings of an offence where there are aggravating circumstances or circumstances that give rise to public disquiet in connection with its commission, to the Attorney General forthwith and thereafter to abide by the instructions of the Attorney General.

This will also provide to file indictment directly before High Court by the Attorney General in case of offences committed aggravating circumstances or circumstances that give rise to public disquiet.

Any proceedings in terms of the provisions of this Act shall be concluded within ninety days from the date of commencement of the proceedings.

 

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