THE JUVENILE COURT
36.
A District Court sitting for the purpose of hearing any charge against a juvenile shall be
known as a Juvenile Court.
THE BAIL AND REMAND COURT
37.
The Bail and Remand Court (BRC) established under the Bail Act, has exclusive
jurisdiction with regard to remand or release of persons charged with an offence or arrested on
reasonable suspicion of having committed an offence, and also operates on weekends and public
holidays to safeguard the constitutional rights of detainees. The BRC is presided over by a District
Magistrate and is located at the New Court House in Port Louis.
38.
In Rodrigues, justice is administered by a full-time Magistrate and a visiting Judge of the
Supreme Court. The Magistrate for Rodrigues has within Rodrigues the same powers and
jurisdiction as are conferred on every District Magistrate in Mauritius. He also exercises
jurisdiction to hear and dispose of any case referred to in section 112 (d) and (f) of the Courts Act
which in Mauritius, would upon a reference by the Director of Public Prosecution, be cognizable
by the Intermediate Court. In respect of penalties and forfeitures, he is vested with the same powers
as were conferred upon the Intermediate Court by section 113 of the Courts Act. The Court of
Rodrigues is governed by the Court of Rodrigues Jurisdiction Act.
THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
39.
After independence in 1968 and on its becoming a Republic in 1992, Mauritius deemed it
fit to maintain the Judicial Committee of the Privy Council as its highest and final court of appeal.
Section 81 of the Constitution provides that an appeal shall lie from the decisions of the Court of
Appeal or of the Supreme Court, to the Judicial Committee either as of right, or with leave of the
Court, under specific circumstances. For instance, such an appeal as of right will lie against final
decisions in any civil or criminal proceedings, on questions as to the interpretation of the
Constitution. When in the opinion of the Court a question involved in the appeal is one that, by
reason of its great general or public importance or otherwise, ought to be submitted to the Judicial
Committee, then an appeal shall lie from the decisions of the Court of Appeal or of the Supreme
Court, in relation to final decisions in any civil proceedings, with the leave of the Court. The
procedure for appeal to the Judicial Committee is provided by the Mauritius (Appeals to Privy
Council) Order 1968.
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