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NCJRS Abstract

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NCJ Number: 70929 Find in a Library
Title: Dispositional Decisions in the Criminal Justice Process in Sri Lanka - Position as of 1 September 1978 (From UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) Report for 1978 and Resource Material, P 234-240, 1979 - See NCJ-70911)
Author(s): N H A Karunaratne
Date Published: 1979
Page Count: 7
Format: Document
Language: English
Country: Japan
Annotation: Discretionary decisions within the police, courts, and corrections of Sri Lanka are examined.
Abstract: In Sri Lanka, the police prosecute most cases before magistrates while cases of comparatively higher importance are prosecuted by State counsel. Police discretionary power involves decisions concerning arrest, whether a prima facie case is established against the suspect, whether to formally arraign the suspect on a criminal charge, whether to object to bail being granted, and whether to press for a stiff sentence as a deterrent punishment when the police officer acts as prosecutor. Once an offender is convicted and no obligatory provisions in the law apply, a judge has the option to choose from a range of sentences appropriate to the offense and the offender. Offenses are graded by the legislature in fixing the maximum or minimum sentence. The court, if it is of the view that an offender is likely to benefit from a period of supervision on probation, may make a probation order instead of sentencing the offender to any other punishment. Discretionary decisions in corrections occur in the areas of remission of one-third of the sentence for good behavior, release on license (parole), and home leave. Furthermore, the Ministry of Justice, the central coordinating authority in the administration of justice, is responsible for the formulation of correctional policy and is required to make recommendations to the President for the exercise of executive clemency regarding pardons, remissions, respites, suspension of sentences, and commutation of death sentences. No references are cited.
Index Term(s): Discretionary decisions; Judicial discretion; Police discretion; Probation or parole decisionmaking; Prosecutorial discretion; Sentencing recommendations; Sri Lanka
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