Sri Lanka Consolidated Acts

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Geneva Conventions Act (No. 4 of 2006) - Sect 7

Service of notice of trial of protected persons on protecting power &c,

7.
(1) The Court before which -
(a) a protected prisoner of war is brought up for trial for any offence under this Act; or
(b) a protected internee is brought up for trial for an offence under this Act, for which that Court has the power to sentence him for a term of imprisonment extending to two years or more,
(2) The following matters shall be included in the Notice referred to in subsection (1)-
(a) the full name, date of birth and description of the accused, including his profession or trade;
(b) where the accused is a protected prisoner of war, his rank and his army, regimental, personal and serial number ;
(c) the accused's place of detention, internment or residence;
(d) the offence with which the accused is charged; and
(e) the Court before which the trial is to take place and the date and the time fixed for the trial.
(3) For the purposes of this section a document purporting -
(a) to be signed on behalf of the protecting power or by the prisoners' representative or by the person accused as the case may be; and
(b) to be an acknowledgement of the receipt by that power, representative or person on a specified day, of a Notice described in the document as a Notice given in terms of the provisions of this section,
(4) For the purposes of this section "prisoners' representative" in relation to a particular protected prisoner of war at a particular time means the person by whom the function of the prisoners' representative within the meaning of Article 79 of the Third Convention were exercisable in relation of that prisoner at the camp or place at which that prisoner of war was detained at, or last detained before that time, as a protected prisoner of war.
(5) A Court which adjourns a trial for the purposes of enabling the requirements of this section to be complied with, may, notwithstanding anything to the contrary in any other written law, remand the accused for the period of the adjournment.


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