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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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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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EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL.

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EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL. Duncan Abeynayaka – LLB, Attorney At Law DECIDED JUDGEMENTS 01. ATTORNEY GENERAL VS EDIRIWEERA [2006] BLR PAGE 12 "In any event delay in listing of cases is not an exceptional circumstance as it is common to all cases." It is now settled law that an application for bail pending appeal can be allowed only upon establishment of exceptional circumstances. "Delay is always a relative term and the question to be considered is not whether there was mere explicable delay as when there is a backlog of cases, but whether there has been excessive or oppressive delay and this always depends on the facts and circumstances of the case"   02. RANIL CHARUK KUJATHUNGA V. AG CA (PHC) APN 134/2015 "The petitioner submits several grounds to consider bail. The Petitioner states that he is a married person with two school going children. The persons getting married and having children is not an exceptional ground. It is th...
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