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Sri Lanka Criminal Procedure and the Structure of the Courts
As defined by the Constitution of 1978, the judiciary
consists of a Supreme Court, a Court of Appeal, a High Court, and
a number of magistrate's courts (one for each division, as set
out in the Administration of Justice Law). In cases of criminal
law, the magistrate's courts and the High Court are the only
courts with primary jurisdiction, and their respective domains
are detailed in the Code of Criminal Procedure. Appeals from
these courts of first instance can be made to the Court of Appeal
and, under certain circumstances, to the Supreme Court, which
exercises final appellate jurisdiction. In all cases, the accused
has the right to representation by an attorney, and all trials
must be public unless the judge determines, for reasons of family
privacy, national security, or public safety, that a closed
hearing is more appropriate.
The vast majority of the nation's criminal cases are tried at
the lowest level of the judicial system, the magistrate's courts.
Cases here may be initiated by any police officer or public
servant, or by any oral or written complaint to the magistrate.
The magistrate is empowered to make an initial investigation of
the complaint, and to determine whether his court has proper
jurisdiction over the case, whether it should be tried by the
High Court, or whether it should be dismissed. Magistrates'
courts have exclusive original jurisdiction over all criminal
cases involving fines of up to Rs1,500 or prison sentences of up
to two years. If the magistrate's court is determined to have the
necessary jurisdiction, prosecution may be conducted by the
complainant (plaintiff) or by a government officer, including the
attorney general, the solicitor general, a state counsel, a
pleader authorized by the attorney general, or any officer of any
national or local government office. At the trial, the accused
has the right to call and cross-examine witnesses. Trials are
conducted without a jury, and the verdict and sentence are given
by the magistrate. Any person unsatisfied with the judgment has
the right to appeal to the Court of Appeal on any point of law or
fact.
For criminal cases involving penalties over Rs1,500 or two
years imprisonment, original jurisdiction resides with the High
Court. The High Court is the highest court of first instance in
criminal law, and exercises national jurisdiction. Prosecution
must be conducted by the attorney general, the solicitor general,
a state counsel, or any pleader authorized by the attorney
general. During the trial, the accused or his or her attorneys
are allowed to present a defense and call and cross-examine
witnesses. For more serious offenses, including crimes against
the state, murder, culpable homicide, attempted murder, and rape,
the law provides for trial by jury. In such cases, a jury of
seven members is chosen by lot from a panel elected by the
accused unless the court directs otherwise. Both the prosecution
and the defense have the opportunity to eliminate proposed
members of the jury. The jury is required to reach a verdict by a
majority of no less than five to two. (Under the Prevention of
Terrorism Act of 1979, the right to a jury was suspended for a
wide variety of offenses involving violations of communal harmony
defined as incitement of one ethnic group against another.) In
cases where the law does not prescribe trial by jury, the judge
gives the verdict and passes sentence at the conclusion of the
hearings. As in the magistrate's courts, the accused has the
right of appeal to the Court of Appeal on any matter of law or
fact.
As its name suggests, the Court of Appeal has only appellate
jurisdiction in matters of criminal law. Cases before the court
are conducted without a jury. Appeals from the High Court must be
heard by a bench of at least three judges, whereas appeals from a
magistrate's court require at least two judges. Verdicts are
reached by majority decision, and therefore a supplemental judge
is added in cases of a split vote. As in other courts, appellants
are entitled to representation by an attorney, but if they cannot
afford legal counsel, the Court of Appeal may, at the discretion
of the judges, assign an attorney at the court's expense. After
the court has handed down its decision, further appeal to the
Supreme Court may be made on any matter involving a substantial
question of law, but an appeal requires the approval of either
the Court of Appeal or the Supreme Court itself.
The Supreme Court was substantially refashioned by the 1978
Constitution, with many of its former functions reverting to the
Court of Appeal. The Supreme Court in the 1980s consisted of a
chief justice and between six and ten other justices who sit as a
single panel on all cases before the court. Cases are conducted
without a jury, and the court exercises final appellate
jurisdiction for all errors in fact or in law.
Data as of October 1988
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