Public Prosecutor

What a Public Prosecutor does daily

• Magistrate's Court prosecution — appearing before Magistrate's Courts to conduct summary trials; presenting the prosecution's case by examining prosecution witnesses; introducing documentary evidence; cross-examining defence witnesses; making legal submissions on the applicable offence under the Penal Code, Traffic Act, Vagrants Ordinance, Drugs Ordinance, or other applicable statute; the Magistrate's Court is the busiest criminal court in Sri Lanka with the highest volume of daily criminal proceedings
• Remand and bail opposition — appearing before Magistrate's Courts to oppose bail for accused persons who present a flight risk or risk of re-offending; presenting the facts of the offence and the accused's record to the Magistrate; making submissions on the Bail Act No. 30 of 1997 criteria; bail applications and remand orders are among the highest-volume judicial acts in Sri Lanka's criminal justice system
• Preliminary inquiry (PI) conduct — conducting preliminary inquiries before Magistrate's Courts for non-summary (indictable) offences; the PI is the mechanism by which the Magistrate determines whether there is sufficient evidence to commit the accused for trial before the High Court; the Public Prosecutor examines witnesses at the PI to build the evidentiary record that will support the subsequent High Court indictment
• District Court prosecution (selected cases) — some Public Prosecutors appear in District Court proceedings for minor criminal matters and civil matters connected to criminal proceedings
• Regulatory prosecution — for agency-based Public Prosecutors (CAA; Customs; IRD; CIABOC); conducting prosecutions before Magistrate's Courts for regulatory offences specific to the agency's statutory mandate; Consumer Affairs Authority prosecutors charge traders for price manipulation, adulteration, and unfair trade practices; Customs prosecutors charge importers and exporters for smuggling and customs offences; CIABOC prosecutors charge public officials for bribery and corruption
• Evidence file management — receiving Police investigation reports (B Reports); reviewing the evidence file; identifying evidentiary gaps; advising Police on additional investigation required; preparing the prosecution file for trial; managing the witness schedule for summary trial; the quality of evidence file management directly determines the effectiveness of the prosecution at trial
• Prosecution policy guidance — senior Public Prosecutors provide guidance to junior Police officers on whether a particular set of facts is sufficient for a prosecution; advising on the appropriate charge for a given factual situation; liaising with the Attorney General's Department on cases that require High Court indictment
• Victim and witness support — ensuring that prosecution witnesses are available and prepared for trial; coordinating with Police officers on witness management; the prosecution's effectiveness depends on the attendance and quality of its witnesses
• Appeals against acquittals and inadequate sentences — the Public Prosecutor may petition the Court of Appeal against acquittals or inadequate sentences in appropriate cases; this appellate prosecution function is exercised where there is a clear error of law in the acquittal or where the sentence imposed is manifestly inadequate for the gravity of the offence
• Asset recovery and forfeiture proceedings — in drug trafficking and financial crime cases, the Public Prosecutor may conduct proceedings for the forfeiture of assets derived from crime under the Recovery of Proceeds of Crime Act No. 5 of 2022 (Sri Lanka's recently enacted anti-money laundering asset forfeiture legislation)