10. The following new sections are hereby inserted immediately after section 51 of the principal Act and shall have effect as sections 51A and 51B of that Act:-
| 51A.
| | (1) The proceedings in any court in respect of an offence alleged to have been committed by any person under this Act shall have priority over all other business of that court, except when circumstances render it necessary for such other business to be disposed of earlier. | | |
| | (2) Where the trial of a person accused of an offence under this Act cannot be concluded on the day of commencement, such trial shall be continued on the working day immediately following, except where circumstances render such continuation impracticable or render it necessary for other business to be disposed of on the working day immediately following. | | |
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| 51B.
| | (1) Where any person is accused of an offence under section 45 (1) (a), or section 45 (2) in so far as it relates to section 45 (1) (a), or section 45A, any other person who is about to leave the Island may, if he so desires, make a sworn or affirmed statement in connexion with the offence before a Justice of the Peace, or a police officer not be low the rank of an Assistant Superintendent of Police, in the presence of the person accused of the offence. | | |
| | (2) The Justice of the Peace or the police officer before whom the statement is made under subsection (1) shall-
| | | (a) record such statement, |
| (b) read over such statement in the presence of the accused to the person making the statement. |
| (c) explain the statement to the accused, |
| (d) afford the accused full opportunity of asking any questions relevant to the statement from the person making the statement, |
| (e) record such questions, together with the answers given by the person making the statement, |
| (f) secure the signature of the person making the statement to the record of the statement, and |
| (g) certify, if such be the case, that the requirements of this section have been complied with. |
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| | (3) Any Justice of the Peace, or police officer not below the rank of an Assistant Superintendent of Police, is hereby empowered and required-
| | | (a) to administer an oath or affirmation, in manner authorized for witnesses under the Oaths Ordinance, to any person desiring to make a statement in accordance with this section, and |
| (b) thereafter to take proceedings under the provisions of sub section (2). |
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| | (4) A statement purporting to be certified under this section may, notwithstanding the provisions of any other law, be produced in court and given in evidence against any person accused of any offence under section 45 (1) (a), or section 45 (2) in so far as it relates to section 45 (1) (a), or section 45A, and shall be prima facie evidence of the facts therein stated. " . | | |
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Sri Lanka Consolidated Acts