Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 149

Power to postpone or adjourn proceedings

149.
(1) If from the absence of a witness or any other reasonable cause it becomes necessary or advisable to postpone the commencement of or adjourn any trial, the court may from time to time order a postponement or adjournment on such terms as it thinks fit for such time as it considers reasonable and may remand the accused or take bail for his appearance:
(2) No trial shall be postponed or adjourned on the ground of the absence of a witness unless the Judge has first satisfied himself that the evidence of such witness is material to the trial and that reasonable efforts have been made to secure his attendance, and has recorded the name of such witness and the nature of the evidence which he is expected to give.
(3) No Magistrate shall remand an accused under this section for any term exceeding fifteen days.
(4) Where an accused has been remanded, and the Magistrate is satisfied that by reason of illness or accident he is unable at the expiration of the period for which he was remanded to appear personally before court, the Magistrate may in the absence of the accused order him to be further remanded for such term as the Magistrate may consider reasonable in the circumstances of the case. This subsection shall have effect notwithstanding any other limitation by this Law of the term for which an accused may be remanded.
(5) Every order made under this section by a court other than the High Court shall state the reasons therefor, and shall be signed by the Judge.
(6) The Judge by whom an accused has been convicted may, before he has been sentenced or otherwise dealt with, order an adjournment of the case for any period not exceeding three weeks for the purpose of enabling inquiries to be made or for determining the most suitable method of dealing with his case; and in any such case the court may remand the accused, or take bail for his appearance.
(7) Where a case has been adjourned under the preceding subsection, the accused may be sentenced or otherwise dealt with by any other Judge at the same court, so however that such other Judge shall inquire into the circumstance of the ease before sentencing or otherwise dealing with him.


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