Sri Lanka Consolidated Acts

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Criminal Justice Commissions Act (No. 14 of 1972) - Sect 14

Special provisions relating to custody

14.
(1) The following provisions shall apply in the case of any person where a Commission has reasonable grounds for suspecting that such person may be or is implicated or concerned in any matter which may be or is the subject of any inquiry before the Commission, or may be or is implicated or concerned in any offence which may be or is the subject of such inquiry: -
(a) If the Commission is of opinion that such person ought to be taken into custody pending the completion of its inquiry into that matter or offence, the Commission may issue a written recommendation to any such authority as shall be specified therein, whether by name or by office, to take into custody, and to keep in custody, such person whose name shall be specified therein, until such time as a subsequent written recommendation, if any, is issued by the Commission to such authority under paragraph (b) of this subsection.
(b) Upon completion of any inquiry in so far as it relates to any particular person, the Commission may, if such person is in custody, issue a written recommendation to the authority under whose custody such person is, to release such person from, custody.
(c) Upon a written recommendation being issued by the Commission under paragraph (a) of this subsection, the authority to whom such recommendation is issued may arrest or cause to be arrested the person named in the recommendation and deliver such person to the Commissioner of Prisons or to a Superintendent of a prison designated by him to be detained in a prison established under the Prisons Ordinance.
(d) The powers of the Commission under this subsection shall not be in derogation of the powers of any other authority to arrest, detain or keep in custody any person under any other written law.
(2)
(a) Any person held in custody in any prison upon the order of a Magistrate at the time of the establishment of a Commission and suspected or accused of any offence which may be the subject of any inquiry before the Commission under this Act shall continue to remain in such custody, until he is released upon an order made by the Permanent Secretary to the Ministry of Justice.
(b) The provisions of paragraph (a) of this subsection shall have effect notwithstanding any order made by a Magistrate that such person shall be produced before him on any date.
(3) Where a person is in custody by reason of his having surrendered himself into the custody of any authority, at the time of the establishment of a Commission or thereafter, such person shall continue to remain in custody, until he is released upon an order made by the Permanent Secretary to the Ministry of Justice.
(4) The preceding provisions of this section shall not apply to the case of any person held in custody upon a detention order made under the Public Security Ordinance or any regulation made thereunder, and in the case of custody under such detention order, the order shall not be subject to recommendations made by a Commission under such preceding provisions.


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