A

ASSISTANCE TO AND PROTECTION OF VICTIMS OF CRIME AND WITNESSES ACT

Arrangement of Sections

1. Short title and date of operation.

PART I

OBJECTS OF THE ACT

2. Objects of the Act.

PART II

RIGHTS AND ENTITLEMENTS OF VICTIMS OF CRIME AND WITNESSES

3. Right of a victim of crime to a fair treatment.

4. Right of a victim of crime to receive information on assistance, protection and remedies available to him.

5. Right of a victim of crime in relation to complaints, inquiries, investigations, &c.

6. Right of a victim of crime to obtain copies of certain documents.

7. Entitlements of a victim of crime to receive financial assistance.

8. Victim impact statement.

9. Rights and entitlements of a witness.

10. Making complaints regarding violation of rights or denial of entitlements of victims of crime or witnesses.

11. Duty of public officers to respect the rights and entitlements of victims of crime and witnesses.

12. Limitation of rights and entitlements.

13. Victim Information Register.

PART III

OFFENCES AGAINST VICTIMS OF CRIME AND WITNESSES

14. Intimidation to a victim of crime or witness.

15. Causing hurt to a victim of crime or witness.

16. Restraining a victim of crime or witness.

17. Compelling or inducing a victim of crime or witness to leave any place, or causing loss or damage to the property of a victim of crime or witness.

18. Harassment to a person in the place of employment.

19. Providing gratification to prevent legal proceedings, &c.

20. Disclosure of information.

21. Providing false information.

22. Disclosure of information by a person providing protection.

23. Attempting, instigating, aiding & c., in the commission of an offence.

24. An offence under section 14, 15, 16, 17, 18, 19, 20, 21, 22 or 23 to be cognizable and bailable.

25. Determination of sentence.

26. Making complaints in relation to offences under this Part of this Act.

PART IV

ENTITLEMENT OF A VICTIM OF CRIME OR WITNESSES TO SEEK PROTECTION

27. Entitlement to seek protection.

28. Nature of protection that may be sought by a victim of crime or witness.

29. Application for protection.

30. Threat assessment in relation to offences specified in the Second Schedule.

31. Protection with regard to offences not specified in the Second Schedule.

32. Duty of court or Commission in relation to proceedings.

33. Protection to be provided by law enforcement authorities and public officers.

34. Special measures for vulnerable victims of crime or witnesses.

35. Continuous needs assessment by Protection Officer and variation of protection arrangement.

36. Cessation of protection.

37. Duties of a victim of crime or witness in regard to assistance and protection.

38. Victims and Witnesses Protection Officers.

PART V

ESTABLISHMENT OF THE NATIONAL AUTHORITY FOR THE PROTECTION
OF VICTIMS OF CRIME AND WITNESSES

39. National Authority for the Protection of Victims of Crime and Witnesses.

40. Duties and functions of the Authority.

41. Powers of the Authority.

42. Board of Management of the Authority.

43. Chairman of the Authority.

44. Disqualifications for being a member of the Board.

45. Resignation and removal of appointed members of the Board.

46. Term of office of an appointed member.

47. Remuneration of members.

48. Meetings of the Board.

49. Any act not invalidated by reason of a vacancy in the Board.

50. Seal of the Authority.

PART VI

APPOINTMENT OF THE DIRECTOR-GENERAL AND STAFF OF THE AUTHORITY

51. Director-General of the Authority.

52. Staff of the Authority.

53. Appointment of public officers to the staff of the Authority.

PART VII

VICTIMS OF CRIME AND WITNESSES ASSISTANCE AND PROTECTION DIVISION

54. Establishment of the Victims of Crime and Witnesses Assistance and Protection Division.

55. Protection Division to have islandwide jurisdiction.

56. Powers, duties and functions of the Protection Division.

PART VIII

THE ASSISTANCE AND PROTECTION PROGRAMME FOR VICTIMS OF CRIME AND WITNESSES

57. Assistance and Protection General Programme for Victims of Crime and Witnesses.

58. Duty of the Authority to share information on the General Programme.

59. Adopting a specific programme for a victim of crime or witness.

PART IX

COMPENSATION AND INTERIM AWARDS

60. Compensation and interim awards to be made on just and equitable basis.

61. Court may order compensation.

62. Default of payment of compensation.

63. Matters to be considered before ordering to pay compensation.

64. Onus of proving the claim.

65. Receipt of compensation not to be a bar to civil proceedings.

66. Appeals.

67. Authority may make an interim award of money in exceptional circumstances.

68. Application for interim award of money from the Authority.

69. Advisory Board to recommend granting of interim awards.

70. Grant of interim award.

71. Failure to repay the interim award.

72. Authority to issue guidelines relating to interim awards.

73. Non-entitlement for compensation or interim award.

74. Advisory Board on Awards.

75. Chairman of Advisory Board.

76. Disqualifications for being a member of the Advisory Board.

77. Resignation and removal of a member of the Advisory Board.

78. Term of office of a member of the Advisory Board.

79. Remuneration of members.

80. Meetings of the Advisory Board.

81. Any act not invalidated by reason of a vacancy in the Advisory Board.

PART X

TESTIMONY THROUGH CONTEMPORANEOUS AUDIO-VISUAL LINKAGE

82. Contemporaneous audio-visual linkage.

83. Supporting an application and giving notice of an application.

84. Court or Commission to be satisfied with technical and other requirements.

85. Court or Commission to satisfy itself of accuracy of the linkage, &c.

86. An accused’s right to a fair trial.

87. Sri Lankan diplomatic mission to be the remote location outside Sri Lanka.

88. Order to vary or revoke permission for audio-visual linkage.

89. A witness deemed to be a witness of the court.

PART XI

FINANCE

90. Fund of the Authority.

91. Protection Fund.

92. Financial year and audit of accounts.

PART XII

GENERAL

93. Annual report.

94. Interference in the exercise of powers, &c.

95. Offences by a body of persons.

96. Secrecy.

97. Assessment of credibility of a testimony.

98. Officers and other employees of the Authority deemed to be public servants.

99. Officers of the Authority to be peace officers.

100. Authority deemed to be a Scheduled Institution within the meaning of the Anti-Corruption Act.

101. Rules.

102. Regulations.

103. Repeal and savings.

104. Interpretation.

105. Sinhala text to prevail in case of inconsistency.

FIRST SCHEDULE

SECOND SCHEDULE

10 of 2023.

AN ACT to provide for the setting out of rights and entitlements of victims of crime and witnesses and the protection and promotion of such rights and entitlements; to give effect to appropriate international norms, standards and best practices relating to the assistance to and protection of victims of crime and witnesses; to provide for the establishment of the national authority for the protection of victims of crime and witnesses, the victims of crime and witnesses assistance and protection division and the victims of crime and witnesses assistance and protection fund; to provide for the payment of compensation to victims of crime; to repeal the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: On Notice]

1. Short title and date of operation.

(1) This Act may be cited as the Assistance to and Protection of Victims of Crime and Witnesses Act.

(2) The provisions of this Act, other than this section, shall come into operation on such date as the Minister may by Order published in the Gazette appoint (in this Act referred to as the “appointed date”).

(3) The provisions of this section shall come into operation on the date on which the Certificate of the Speaker is endorsed on the Bill.

PART I

OBJECTS OF THE ACT

2. Objects of the Act.