4.
| (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 in connection 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. |
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| (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. | | |
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| (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 forwarding 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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Sri Lanka Consolidated Acts