Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 454

Repeal and having and transitional provisions

457.
(1) Chapters II and IV of the Administration of Justice Law, No. 44 of 1973, are hereby repealed.
(2) Any appeal, application, trial, inquiry or investigation pending in any court on the day immediately preceding the appointed date may be disposed of, continued, held, or made as the case may be as nearly as may be practicable under the provisions of this Code.
(3) Where an offence falling under the Second Schedule to the Judicature Act, No. 2 of 1978 has been committed before the appointed date but in respect of such offence an indictment has not been filed a Magistrate shall hold a preliminary inquiry under Chapter XV and proceed in accordance with the provisions of this Code if the Attorney-General so directs him :
(4) The Attorney-General may, where having regard to the nature and circumstances of the commission of the offence he things fit, directly file indictment in the High Court for trial without, a jury in respect of any offence committed before the appointed date (but not falling within the list of offences specified in the Second Schedule to the Judicature Act, No. 2 of 1978), and then such trial shall proceed in the High Court as nearly as may be practicable under the provisions of this Code.
(5) All notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments made under the law in force immediately prior to the appointed date, shall be deemed respectively to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code.
(6) Any sanction accorded or consent given under the provisions of the Administration of Justice Law, No. 44 of 1973, in pursuance of which any proceeding was not commenced under that law or in pursuance of which proceedings are pending on the day immediately prior to the appointed date shall be deemed to have been accorded or given under the corresponding provisions of this Code and ' proceedings may be commenced or continued as the case may be under this Code in pursuance of such sanction or consent.
(7) Where the period prescribed by the law in force immediately before the appointed date, for filing an appeal or application or other proceeding or taking a step in procedure had expired before the appointed date, anything in this Code shall not be construed as enabling any such appeal or application to be filed or proceeding to be commenced or step in procedure to be taken by reason only of the fact that a longer period thereof is prescribed by this Code or provisions are made in this Code for the extension of time or that other relief earlier not available are provided by this Code.
(8) All trials pending on indictment in the High Court on. the day immediately before the appointed date shall as far as is practicable be tried and disposed Of by the High Court as if such indictments had been filed under the provisions of this Code.
(9) Such of the provisions of the Prevention of Crimes Ordinance and of the Probation of Offenders Ordinance as were deemed to be repealed by section 3 (1) (c) of the Administration of Justice Law, No. 44 of 1973, shall for all purposes be deemed to have' been and to be in operation as if the same had not been deemed to be repealed.


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