Code of Criminal Procedure amendment Bill presented to House

The Government yesterday presented a Bill in parliament to amend the Code of Criminal Procedure (Special Provisions) Act to make provisions to ensure the rights of an Attorney-at-Law who represents a person held in the police custody.

The Bill was presented for the first reading by Chief Government Whip and Minister Gayantha Karunathilaka on behalf of Justice Minister Wijayadasa Rajapakshe.

According to the Draft Bill, “an Attorney-at-Law representing a person in police custody shall, from the time such person is taken into custody, be entitled to have access to the police station in which such person is being held in custody for the purpose of meeting the Officer in Charge of the station and making representations to such officer”.

The Bill states ; “The right of an Attorney-at-Law to have access to the police station and to make representations shall not affect the investigations that may be conducted in respect of the person being represented. Any such Attorney-at-Law shall be permitted entry into such police station and shall be treated cordially and courteously and be given a fair and patient hearing by the police officers attached to such police station”.

“Any such Attorney-at-Law shall, on behalf of the person being held in police custody be entitled to meet the office in charge of the police station and ascertain from such officer the following information: offence alleged to have committed by such person; date, time and location of the arrest of such person; date, approximate time and place of producing such person before a magistrate; and any other information, the revealing of which would not adversely affect the conduct of further investigations and the interests of justice.”

“Any such Attorney-at-Law shall be entitled to make representations on behalf of such person, to the officer in charge of the police station; and make an application to the officer in charge of the police station seeking the grant of bail for such person in terms of Section 6 of the Bail Act No 30 of 1997.”

“Such Attorney-at-Law shall, if he so requests, be allowed to have access to the person in custody, unless such access is prejudicial to the investigation being conducted. Where such Attorney-at-Law makes representations or, an application under Section (5) such officer shall make record of representations so made; give due consideration to such representations; and record reasons for the grant or refusal of such application seeking bail.”

“Every officer in charge of a police station shall if he is not in a position to entertain representations made by an Attorney-at-Law, under this section, appoint a suitable police officer to entertain such representations.” 

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