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AMENDMENT OF CHARGE/INDICTMENT.

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LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON AMENDMENT OF CHARGE SHEET OR INDICTMENT Duncan Abeynayaka – LLB, Attorney At Law.   CRIMINAL PROCEDURE CODE 167. (1) Any court may alter any indictment or charge at any time before judgment is pronounced or, in the case of trials before the High Court by a jury, before the verdict of the jury is resumed. (2) Every such alteration shall be read and explained to the accused. (3) The substitution of One charge for another in an indictment or the addition of a new charge to an indictment and in a Magistrate's Court the substitution of one charge for another or the addition of a new charge shall be deemed to be an alteration of such indictment or charge within the meaning of this section.   01. RODRIGO V. THE QUEEN 55 NLR 49 The primary responsibility for the accuracy and suitability of an indictment rests with counsel for the prosecution, and not on the court. The court may, however, decide to amend the indictment o...
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JURY TRIAL OPTION IN SRI LANKA.

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  LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON JURY TRIAL OPTION IN SRI LANKA. Duncan Abeynayaka – LLB, Attorney At Law   CRIMINAL PROCEDURE CODE, No 15 of 1979 Section 195. Upon the indictment being received in the High Court, the Judge of the High Court presiding at the sessions of the High Court holden in the judicial zone where at the trial is to be held shall - (a) cause the accused to appear or to be brought before him; (b) cause a copy of the indictment with its annexes to be served on each of the accused who will be tried upon that indictment; (c) inform the accused of the date of trial (d) subject to the provisions of section 403 direct the accused to execute a bond to appear in court for his trial or by warrant addressed to the superintendent of any prison authorize the detention of the accused pending his trial; (e) cause the accused to be finger-printed and forward the prints to the Registrar of Finger Prints for examination and report to the prose...
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POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES

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POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 118. (1) If an inquirer or a police officer who is investigating any non-cognizable offence is of opinion that it is necessary to exercise any power conferred upon him by this Act which could be exercised only in respect of a cognizable offence he shall, upon receiving an order from a Magistrate, be entitled to exercise such power in respect of such non-cognizable offence. (2) Subject to the provisions of section 37, every inquirer and officer in charge of a station shall have power to authorize the detention of a person during an investigation. Jaraki v. Goonetilleke 60 NLR 58 A person accused of committing a non-cognizable offence cannot be detained in custody under the provisions of section 33 (2) of the Criminal Procedure Code unless there is some proof of acts of preparation by him for imminent departure from Ceylon or of intention so ...
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