brand logo

Magistrates to get power to grant bail  

14 Mar 2021

By Yumiko Perera    With the new reforms to be introduced to the Assistance to and Protection of Victims of Crime and Witnesses Act, the authority to grant bail to suspects under the Act would be vested with magistrate’s courts, the Justice Ministry said.  Speaking with The Sunday Morning, Additional Secretary to the Ministry of Justice Piyumanthi Peiris said that the original Act was enacted in 2015, but that several issues had arisen with regard to the implementation of this particular law.  "Several concerns were raised by international agencies, such as the independence of the Police and whether the law was in compliance with international standards and practices, and these concerns are what led to the drafting of the new amendments to this Act,” she said.  The biggest shortcoming with regard to provisions of the said Act was that magistrates could not grant bail to suspects for offences under the Act, as suspects were required to file an application for bail with the Court of Appeal.  “The new draft has been approved by the Cabinet. With regard to the granting of bail under the existing law, the jurisdiction is vested with the Court of Appeal. Under the new reforms, that would be amended,” noted Peiris.  Speaking with The Sunday Morning, Secretary to the Ministry of Justice M.M.P.K. Mayadunne noted: “While the regulations still have not been imposed, the main focus is that in the present situation, people who need to get bail should go to the Court of Appeal, while under the new provisions, that authority would be given to the lower courts. The main reason behind this is that it is an inconvenience to the people who do not reside in the vicinity of Colombo.”     


More News..