Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 77

Procedure upon completion of investigation

77.
(1) Every investigation shall be completed without unnecessary delay, and as soon as it is completed the police officer in charge of the investigation shall forward a report-
(a) if the offence investigated is one triable by a Magistrate's Court, to the appropriate Magistrate;
(b) if the offence investigated is not one triable by a Magistrate's Court, to the Director of Public Prosecutions, and to the Magistrate within whose division the investigation was made.
(2) Upon receipt of a report in terms of subsection (1) (b), if it appears that there is sufficient evidence or reasonable ground to "justify further proceedings-
(a) the Magistrate shall cause the suspect to be produced in court and may direct him to execute a bond to appear again in court if and when so required. If, however, for reasons to be recorded by him, the Magistrate considers it expedient to detain the suspect in custody pending the consideration of the aforesaid report by the Director of Public Prosecutions, he may, by warrant addressed to the superintendent of any prison, authorize the detention of the suspect for a period not exceeding three months in the aggregate;
(b) the Magistrate shall cause the suspect's finger-prints to be taken in court and forwarded for identification to the Registrar of Finger-prints. The Registrar shall compare the fingerprints so forwarded with his records of fingerprints and shall issue to the Director of Public Prosecutions a certificate in the prescribed form stating whether or not the fingerprints forwarded are identical with the fingerprints of a registered criminal and setting out the prescribed particulars of each conviction for a crime entered against such criminal; and
(c) the Magistrate may require the complainant, if any, and so many of the persons who appear to be acquainted with the circumstances of the case as he may think necessary, to execute bonds to appear before the appropriate court and give evidence in the matter of the charge against the suspect, The officer in whose presence each bond is executed shall send such bond to the appropriate court. If any person fails or refuses to execute such bond, the officer shall report such failure or refusal to the appropriate court which may thereupon cause such person to appear before it:
(3) Upon the report of any investigation being forwarded to the Director of Public Prosecutions the Director shall, after considering the material submitted to him-
(a) indict the suspect for trial before a High Court or a District Court of appropriate jurisdiction; or
(b) order the discharge of the suspect, who, if he is in custody in connection with the offence investigated, shall be released therefrom.


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