forensic medical doctor. This procedure also has problems which have been recognized by forensic medical practitioners (See Annex for literature). One of the procedures criticized is the practice of confining medical examinations by forensic medical experts to examination of bodily injuries, which usually takes place in hospitals. Collection of further evidence at the scene of the crime requires the police to get permission from a magistrate, a procedure that can result in loss of evidence and delays. This is a procedure to provide protection to accused persons to ensure that arbitrary policy procedures are not followed. However it can negatively impact prosecutions. The Attorney General’s Department handles prosecutions. In the case of an offence like incest the Penal Code provides that a person cannot be prosecuted without the consent of the Attorney General. Yet there are no guidelines in the law as to how this discretion should be exercised. In the case of grave crimes the Criminal Procedure law requires a “two stage” procedure. The first, “a Non- Summery” trial to establish whether there is a “prima facie” or clear case to prosecute. This is presided by the Magistrate. At the conclusion of this stage the Attorney General decides whether to prosecute. Though he/she can be guided by the findings of the Magistrate, the ultimate discretion to prosecute is with the Attorney General. This official has the power to decide not to prosecute on the ground that there is no case. The exercise of the Attorney General’s discretion in regard to some high profile cases has been the subject of media attention and public scrutiny. However in other cases there may be no scrutiny at all, creating problems of access to justice for families and victims (See Annex). Long delays in trials and the conclusion of legal proceedings, inadequacies in investigations and forensic procedures, discretion exercised on prosecutions as well as lack of close co-ordination between the police and the Attorney General, have been the subject of review and criticism. They combine to prevent victims and those affected having swift access to the justice system. This is compounded in cases of GBV against girls and children as the child may be in a shelter and taken to Court many times. The inadequacies in the system also very dangerously, create a public perception of impunity for serious crime. [See Annex]. Recently special units have been established in a few national hospitals with the support of the NGO Women in Need (WIN). These provide a range of services for victims of GBV who can be referred to a forensic expert and the police in an environment of confidentiality. This is a good initiative, though limited in scale. The special Women and Police Desks created after the Beijing World Conference in 1995 have been expanded and some also supported again by WIN. However some inadequacies have surfaced regarding human resources and the lack of an administrative structure and a clear line of authority in decision making to help these units effectively respond to GBV. Financial resources are also a serious constraint (See Annex). Recently some offices of the Attorney General, with a State prosecutor have been established in the Provinces. This can facilitate better coordination with the Police. b. The Criminal Trial The Criminal trial derived from the procedures from colonial times is adversarial – i.e. the concept that the accused has the benefit of the principle “innocent until proved guilty.” The protections of our law are based on the historical experience of Anglo American law where the accused was offered no protection and the system was heavily weighted against him. These corner stones of the criminal justice system have been recognized as important in international instruments that Sri Lanka has ratified, like the Covenant on Civil and Political Rights and our Constitution. However this system requires defence and prosecuting COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 27