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

Sri Lanka Consolidated Acts

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Mutual Assistance in Criminal Matters Act (No. 25 of 2002) - Sect 6

Refusal of assistance

(1) A request by the appropriate authority of a specified country for assistance under this Act shall be refused, in whole or in part, if, in the opinion of the Central Authority-

	(a) the request relates to the prosecution or punishment of a person in respect of an act or omission which, if it had occurred in sri Lanka would not have constituted an offence under the law of Sri Lanka ;

	(b) the request relates to the prosecution or punishment of a person for an offence of a political character ;

	(c) the request relates to the prosecution or punishment of a person in respect of an act or omission which if it had occurred in Sri Lanka, would have constituted an offence only under the military law of Sri Lanka ;

	(d) the request relates to the prosecution of a person for an offence where, such person has been acquitted or convicted in accordance with the law of Sri Lanka in respect of that offence or another offence constituted by the same act or omission as that constituting the offence :

	(e) compliance with the request would be contrary to the Constitution of Sri Lanka or prejudicial to national security, international relations or public policy :

	(f) based on substantial grounds, compliance with the request would facilitate the prosecution or punishment of or cause prejudice to any person on account of his race, religion, language, caste, sex, political opinions or place of birth:

(2) For the purposes of subsection (1) an offence shall be deemed not to be an offence of a political character if it is an offence within the scope of an international Convention to which both Sri Lanka and the specified country making the request are parties and which imposes on the parties thereto an obligation to extradite or prosecute a person accused of the commission of that offence.

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