12.
| (1) Where a proceeding or an investigation relating to a criminal matter has commenced in a specified country, and the appropriate authority of that specified country requests the removal of a prisoner who is in Sri Lanka, for the purposes of giving evidence at a hearing in connection with such proceeding or of giving assistance in relation to such investigation as the case may be being of the opinion that such prisoner is capable of giving evidence relevant to such proceeding, or of giving assistance in relation to such investigation, as the case may be, the Central Authority may, if he is satisfied that-
| | (a) such person has consented to giving evidence in such proceeding or to being removed to such specified country for the purposes of giving assistance in relation to such investigation, as the case may be ; and | | |
| | (b) the specified country has given any undertakings required by the Central Authority, in respect of such prisoner, including undertakings as to meeting the costs of travel of the prisoner to the specified country and as to the period for which such prisoner shall be held in custody in the specified country. | | |
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| (2) A direction by the Central Authority under subsection (1) with respect to a prisoner shall be deemed to authorize-
| | (a) the release of such prisoner from the prison in which he is held in custody and the delivery of such prisoner, in the custody of a prison officer, in or outside Sri Lanka, in to the custody of a person representing the appropriate authority of the specified country requesting the removal of such prisoner ; | | |
| | (b) the bringing of the prisoner back to Sri Lanka and his delivery, in the custody of a prison officer in to the custody of the prison from which he was released for the purposes of removal to the specified country. | | |
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| (3) Where a prisoner who is serving a term of imprisonment in Sri Lanka is released from prison pursuant to a request made by a specified country under prison pursuant to a request made by a specified country under subsection (1), any period during which such prisoner is held in custody in such specified country in connection with such request, shall be deemed to be a period spent in serving the term of imprisonment which he was serving prior to his release for removal to the specified country. |
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| (4) Where-
| | (a) a proceeding or an investigation relating to a criminal matter has commenced in a specified country ; | | |
| | (b) the appropriate authority in the specified country requests the attendance, of a person (not being a prisoner) who is in Sri Lanka, at a hearing in connection with that proceeding or for the purposes of giving assistance in relation to such investigation as the case may be ; | | |
| | (c) there are reasonable grounds to believe that the person, is capable of giving evidence relevant to such proceeding, or of giving assistance in relation to such investigation, as the case may be ; and | | |
| | (d) the Central Authority is satisfied that-
| | | (i) such person has consented to travel to such specified country, to give evidence in such proceeding or to give assistance in relation to such investigation as the case may be ; and |
| (ii) the appropriate authority in the specified country has given any undertaking required by the Central Authority with respect to such person, including undertakings as to meeting the costs of travel of such person to the specified country. |
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Sri Lanka Consolidated Acts