Government details proposed detention changes as organised crime bill hearing concludes

The Supreme Court has concluded hearing 26 petitions challenging the Prevention of Organised Crimes Bill and will send its determination to the Speaker and President. The government has outlined further amendments it intends to introduce at Parliament's Committee Stage; these remain proposed changes, not provisions already in force.

UPDATE: Solicitor General Viraj Dayaratne, appearing for the Attorney General, told the court that detention without producing an arrested person before a magistrate under Section 20 would be reduced from 72 hours to 48 hours. The person would then have to be brought before a magistrate.

Under the proposed changes to Section 21, applications for detention orders would have to be made by the Inspector General of Police or an officer not below the rank of Deputy Inspector General. The Public Security Ministry's secretary would be able to issue orders where sufficient grounds were presented.

Dayaratne said detention extending beyond two months would require reasons and High Court approval sought through the Attorney General. Copies of orders would have to be supplied to the people concerned, and those held for a year would be able to apply to the High Court for bail. He argued that these safeguards would bring arrest and detention procedures under judicial oversight.

The Solicitor General also confirmed that Section 14(3), requiring prior court approval before releasing information on serious crimes, would be removed. He said its original purpose had been to protect victims' identities. The government had already told the court it would remove provisions relating to tattoos and body markings and offences under the Excise Ordinance.