61. Questioning of detainees has to be in line with Judges’ Rules and the Standing Orders of the
Mauritius Police Force. In addition, the “Rights of Detainees in Police Custody” are posted in all
Police Stations for the information of detainees and their families in three languages (English,
French and Creole). The Mauritius Police Force has also issued its Code of Ethics / Practice in
2018.
62. A suspect can also avail himself of the procedure of Habeas Corpus if he claims that he has
been illegally detained. The writ of Habeas Corpus is in effect a procedure to secure, as a matter
of urgency, the release of a person who is illegally detained. Section 5(5) of the Constitution
provides that "any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation from that other person".
JUVENILE OFFENDERS
63. The existing statutory framework with regard to juvenile offenders is currently being
reviewed. There is no minimum age of criminal responsibility and this is at the discretion of the
Director of Public Prosecution to decide as to whether or not to prosecute. However, section 44 of
the Criminal Code provides that an accused person under the age of 14 who has acted without
discernment will be acquitted but shall according to the circumstances of his case, be handed over
to his relations or be placed in a reformatory to be brought up and detained during such number of
years as the sentence may determine, but 'which period shall not exceed the period at which the
minor will have reached the age of 18. It is proposed to address the question of minimum age of
criminal responsibility in the Children's Bill.
64. Furthermore, under section 45 of the Criminal Code where the minor has acted with
discernment, he shall be condemned to imprisonment in a reformatory for such time as shall be
determined in the judgment.
ADMINISTRATION OF JUSTICE
65. The Bail and Remand Court (BRC) is operational even during weekends and public holidays.
Any person, who is arrested, is brought before Court within 24 hours and no person is detained
unnecessarily as in the past during weekends. Police Standing Order No. 137 provides for the
“Rights and Welfare of Detainees” which stipulates that detainees are allowed to contact their legal
representative for bail formalities and communicate with family members or friends to inform of
their place of detention. Moreover, they are allowed interviews with their legal representative. In
order to have proper monitoring and recording of such visits an on-line application to visit
detainees by barristers has been introduced since August 2017.
66.
Bail motions are made through video conferencing facilities available in six prisons.
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