LAW & LAWYER

  JURISDICTION OF THE MAGISTRATE COURT. Duncan Abeynayaka – LLB, Attorney At Law   JUDICATURE ACT 02 OF 1978 30. Every Magistrates Court shall have and exercise all powers and authorities and perform all duties which Magistrates' Courts are empowered and required to have, exercise and perform by virtue of the provisions of the Penal Code or of the law relating to criminal procedure or of any other enactment for the time being in force in any way empowering or requiring them in that behalf. For the purposes of this section "law relating to criminal procedure” shall mean the Code of Criminal Procedure Act.   CODE OF CRIMINAL PROCEDURE ACT NO 15 OF 1979 128 (1) Every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed. (2) Any Magistrate's Court within the local limits of the jurisdiction of which an accused may be or be found shall have jurisdiction respectively in all cases of offe...

PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED IN TWENTY FOUR HOURS. Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 115. (1) Whenever an investigation under this Chapter cannot be completed within the period of twenty-four hours fixed by section 37, and there are grounds for believing that further investigation is necessary the officer in charge of the police station or the inquirer shall forthwith forward the suspect to the Magistrate having jurisdiction in the case and shall at the same time transmit to such Magistrate a report of the case, together with a summary of the statements, if any, made by each of the witnesses examined in the course of such investigation relating to the case. (2) The Magistrate before whom a suspect is forwarded under this section, if he is satisfied that it is expedient to detain the suspect in custody pending further investigation, may after recoiling his reasons, by warrant addressed to the superintendent of a...