By Saman Indrajith

Justice Minister Ali Sabry yesterday presented a Bill for the approval of the House to amend the Code of Criminal Procedure Act, No. 15 of 1979, to introduce a pre-trial procedure to High Courts.

The Bill envisages to provide for pre-trial procedure enabling two disputing parties to negotiate with lawyers in a conference so as to curtail a lengthy trial period. The aim is to ensure that all pre-trial activities are concluded before the case is heard before the trial judge.

To be cited as Code of Criminal Procedure (Amendment) Act, No. of 2021 the legislation is expected to shorten the trial period or even to bring a resolution to the disputing parties before the case goes to trial.

The Bill says that a “pre-trial conference shall be held- (a) upon indictment being served on the accused in terms of section 195, in the presence of the accused; or (b) where the accused is not present due to any reason specified in paragraph (a) of subsection (1) of section 241, or where it is not possible to serve the indictment on the accused due to the reasons specified in paragraph (b) of subsection (1) of section 241, in the absence of the accused.”

“A pre-trial conference shall be held with the participation of- (a) the Attorney-General with regard to proceedings instituted by the Attorney General or the Director-General for the Prevention of Bribery and Corruption with regard to proceedings instituted by such Director-General, or an officer authorized by either the Attorney General or the Director-General as the case may be; (b) counsel, if any, appearing on behalf of the accused; (c) the aggrieved party or the counsel, if any, appearing on behalf of the aggrieved party, on the application of such aggrieved party or such counsel to participate in the pre-trial conference; (d) the officer in charge for the time being of the police station in which the investigation in respect of the offence has been conducted or an officer representing him; and (e) an Attorney-at-Law or any other officer permitted by the Presiding Judge to participate,” says the Bill.

A pre-trial conference shall be presided over by the High Court Judge or the Recorder Judge.