Mutual Assistance in Criminal Matters Act (No. 25 of 2002)

Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Mutual Assistance in Criminal Matters Act (No. 25 of 2002) - Sect 15

Request by a specified country for search and seizure

15.

(1) Where-

	(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a specified country :

	(b) there are reasonable grounds to believe that a thing relevent to the proceeding or investigation is located in Sri Lanka : and

	(c) the appropriate authority of such specified country requests the Central Authority to arrange for the issue of a search warrant in relation to that thing,

(2) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or shall, at a specified time , be-

	(a) in the clothing that is worn by a person : or

	(b) otherwise in a person's immediate control ;

(3) Where an application is made under subsection (2), the Magistrate may subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-

	(a) to search the person for such thing ; and

	(b) to seize anything authorised to be seized by the warrant and found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.

(4) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or shall, at a specified time, be, upon any land, or upon or in any premises, the police officer may-

	(a) lay before such Magistrate such information on oath setting out the grounds for such belief : and

	(b) apply for the issue of a warrant under this section to search the land or premises for that thing.

(5) Where an application is made under subsection (1) the Magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-

	(a) to enter upon the land, or upon or into the premises :

	(b) to search the land or premises for such thing : and

	(c) to seize anything authorized to be seized by the warrant and found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.

(6) A Magistrate shall not issue a warrant under this section unless-

	(a) the informant or some other person has given to the Magistrate either orally or by affidavit, such further information if any, as the Magistrate requires concerning the grounds on which the issue of the warrant is sought : and

	(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(7) There shall be stated in a warrant issued under this section-

	(a) the purpose for which the warrant is issued, including a reference to the nature of the criminal matter in relation to which the search is authorised :

	(b) Whether the search is authorised at any time of the day or night or during specified hours of the day or night :

	(c) a description of the kind of things authorised to be seized : and

	(d) the date (not being later than one month after the issue of the warrant) on which the warrant ceases to have effect.

(8) If, during a search under a warrant issued under this section, for anything of the kind specified in the warrant the police officer finds any other thing that such police officer believes on reasonable grounds-

	(a) to be relevant to the proceeding or investigation in the specified country or to afford evidence as to the commission of an offence in Sri Lanka : and

	(b) is likely to be concealed, lost or destroyed if it is not seized.

(9) Where a police officer finds as a result of a search in accordance with a warrant issued under this section any other thing which such police officer believes on reasonable grounds, to be relevant to the proceeding or investigation in the specified country, such police officer shall deliver such other thing into the custody and control of the Inspector General of police in Sri Lanka.

(10) Where a thing is delivered into the custody and control of the inspector-General of police under subscription (9), the Inspector-General of police shall arrange for such thing to be kept for a period not exceeding one month from the day on which the thing was seized. pending a direction in writing from the Central Authority as to the manner in which the thing is to be dealt with, which may include a direction that the thing be sent to an authority of a specified country.

(11) The provisions of the Criminal Procedure code Act, No. 15 of 1979 relating to the execution of search warrants issued under that Act shall, in so far as they are not inconsistent with the preceding provisions of this section, apply to the execution of warrants issued under this section.

(12) The Magistrate issuing a warrant under this section shall, subject to the provisions of subsection (9), cause any thing seized in the course of a search in accordance with such warrant together with a certificate setting out the place and circumstances of the seizure and the custody of such things after its seizure, to be forwarded to the Central Authority for transmission to the appropriate authority of the specified country making the request for such search warrant.

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]