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Bail Act of Mauritius 1999
Llb
University of Mauritius
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THE BAIL ACT 1999
Act 32/
Proclaimed by [Proclamation No. 8 of 2000] w.e. 14th February 2000
ARRANGEMENT OF SECTIONS
Section
PART I - PRELIMINARY
- Short title
- Interpretation
PART II - BAIL
- Right to release on bail
- Refusal to release on bail
PART III - CONDITIONS FOR RELEASE ON BAIL
- Recognizance and surety
- Recognizance in money or money's worth
- Other conditions for release on bail
- Qualifications of surety
- Discharge of surety
- Estreatment of recognizance
- Termination of recognizance
PART IV - RELEASE ON PAROLE
- Release on parole during weekend
PART V - PROHIBITION AGAINST DEPARTURE
- Interim restriction on departure
- Application to Judge in Chambers
- Enlargement of order
- Variation of order
PART VI - BAIL AND REMAND COURT
- Interpretation of Parts VI and VII
- Establishment of Court
- Jurisdiction of Court
PART VII- LIVE VIDEO ANDTELEVISION LINK
- Live video and television link
PART VIII – MISCELLANEOUS
- Agreement to indemnify surety
- Other offences
- Repeal
- Consequential amendments
- Rules
- Commencement 26 27 An Act
To make better provision with regard to the remand or release of persons charged with an offence or arrested on reasonable suspicion of having committed an offence
ENACTED by the Parliament of Mauritius, as follows -
**PART I - PRELIMINARY
- Short title**
This Act may be cited as the Bail Act 1999.
2. Interpretation
In this Act -
“defendant” –
(a) means a person who is under arrest and is charged before a Court with having committed an offence; and
(b) includes a person – (i) who has been committed to stand trial; (ii) who, following a conviction, has given notice of appeal or applied for judicial review; or (iii) in the course of whose trial a question of law has been reserved for the opinion of the Court of Criminal Appeal; Amended by [Act No. 34 of 2011] "detainee" means a person who is under arrest upon reasonable suspicion of having committed an offence; “release on bail" means the release from custody of a person who is under arrest on condition that he enters into a recognizance;
(i) for his own protection; (ii) in the case of a minor, for his own welfare; or
(iii) for the preservation of public order;
(c) the defendant or detainee, having been released on bail, has – (i) committed an act referred to in paragraph (a); or (ii) breached any other condition imposed on him for his release: (d) the defendant or detainee is charged or is likely to be charged with a serious offence; (e) there is reasonable ground for believing that the defendant or detainee has - (i) given false or misleading information regarding his names or address; or (ii) no fixed place of abode; (f) a detainee has failed to comply with section 12(2).
(2) In considering whether or not to refuse bail on any ground mentioned in subsection (1), the Court shall decide the matter by weighing the interests of society against the right of the defendant or detainee to his liberty and the prejudice he is likely to suffer if he is detained in custody, taking into account every consideration which, in its opinion, is relevant, including –
(a) the period for which the defendant or detainee has already been in custody since his arrest; (b) the nature and gravity of the offence with which the defendant or detainee is or is likely to be charged and the nature and gravity of the penalty which may be imposed on him; (c) the character, association, means, community ties and antecedents of the defendant or detainee, including any non-compliance with any condition imposed for his release on bail with respect to any other offence; and
(d) the nature of the evidence available with regard to the offence with which the defendant is charged.
(3) Where a request for the release on bail of a defendant or detainee is objected to, the Court shall place on record the written reasons for his determination thereon. (4) (a) Where a Magistrate has ordered the release on bail of a defendant or a detainee notwithstanding an objection by the Commissioner of Police or the Director of Public Prosecutions on any of the grounds set out in this section, the Commissioner of Police or the Director of Public Prosecutions; as the case may be, may, within 7 days of the determination of the Magistrate, apply to the Supreme Court for an order setting aside the decision of the Magistrate to release the defendant or detainee. (b) Where, immediately after ordering the release of the defendant or detainee, the Magistrate is notified by the Director of Public Prosecutions that an application under paragraph (a) is being made and that a stay of execution is required, the Magistrate shall stay execution of the order and remand the defendant or detainee until the Supreme Court determines the application. (5) Pending the determination of an application made under subsection (4)(a), the Supreme Court may, where the defendant or detainee has been released on bail and no stay of execution has been sought under subsection (4)(b), on motion made by the Director of Public Prosecutions, order that the decision of the Magistrate be stayed and that the defendant be apprehended and remanded in custody. (6) A defendant or a detainee whose release on bail is refused under subsection (1) shall be remanded in custody for a period not exceeding 21 days, after which the defendant or detainee shall be brought again before the Court. (7) Where a defendant or detainee has been remanded by the Magistrate under subsection (4)(b) and the Commissioner of Police or the Director of Public Prosecutions fails to apply to the Supreme Court within 7, days as provided in subsection (4) (a), the defendant shall forthwith be brought before the Magistrate who shall thereupon release him on bail as originally ordered by the Magistrate.
Amended by [Act No. 34 of 2011]
PART III - CONDITIONS FOR RELEASE ON BAIL
5. Recognizance and surety
(1) A defendant or detainee who is released on bail-
(a) shall be released on his own recognizance to appear before a court for his trial, for any proceedings preliminary to trial or otherwise as he may be required to do; (b) may, subject to subsection (2), be required to provide such sureties as the Court deems necessary to guarantee his appearance in the manner
(a) he surrenders to custody or appears before a Court as and when required; (b) he does not commit an offence while on bail; (c) he does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person; (d) he makes himself available for the purpose of enabling inquiries or a report to be made to assist the Court in dealing with him for the offence.
(3) Conditions imposed under subsection (2) may include –
(a) the reporting in person by the defendant or detainee at a specified time and place or to a specified person or authority; (b) restriction of the places to which the defendant or detainee may go; (c) restriction of the movement of the defendant or detainee after 6 p.; (d) the prohibition of, or control over, communication by the defendant or detainee with witnesses for the prosecution or potential witnesses for the prosecution; (e) the supervision of the defendant or detainee by a probation officer.
SECTION 4 NOT YET PROCLAIMED – Refer to [Proclamation No. 24 of 2011] (4) (a) Subject to paragraph (c), a Court may, at the request of the prosecutor, order a defendant or detainee, to whom paragraph (b) applies, to comply with a requirement imposed for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail. (b) This paragraph applies to a defendant or detainee who –
(i) (A) is not resident in Mauritius; or (B) is liable, on conviction for an offence with which he has been charged, to penal servitude or to imprisonment for a term exceeding 2 years; and
(ii) is a person whom a police officer not below the rank of Superintendent has reasonable grounds to believe is likely to leave Mauritius.
(c) A Court shall not impose on a minor an electronic monitoring requirement, except in such circumstances as may be prescribed.
(5) A Court before which a charge is pending in respect of which bail has been granted may at any stage, whether the bail was granted by that Court or any other Court, on application by any party, vary or add a condition of bail.
(6) A recognisance entered into under this Act shall apply to any condition of bail imposed by a Court under this section.
Amended by [Act No. 34 of 2011]
8. Qualifications of surety
(1) No person shall stand as a surety unless he is of age, swears an affidavit as to his means and is, in the opinion of the Court, otherwise a suitable person. (2) In considering the suitability of a proposed surety, the Court shall have regard to - (a) his financial resources; (b) his character and antecedents; (c) whether he appears, or is reputed, to be a professional surety; (d) his proximity to or relationship with the person for whom he is to be surety; (e) his readiness to comply with the obligations of a surety; and (f) his age and the state of his health. (3) A person may be examined on oath before he is accepted as a surety.
Amended by [Act No. 34 of 2011]
9. Discharge of surety
(1) A surety may apply to a Court to be discharged from his obligations as a surety. (2) No surety shall be discharged from his obligations unless he –
(1) Where a detainee arrested in respect of an offence cannot practicably be brought before a Magistrate, he shall be released on parole unless a police officer not below the rank of Assistant Superintendent certifies in writing that he has reasonable grounds for believing that the detainee, if released, is likely to fail to comply with subsection (2), to tamper withevidence, to interfere with witnesses, to commit another offence or to put his own security at risk.
(2 Where a detainee is released pursuant to subsection (1) he shall surrender to the custody of the police, at the police station where he was detained, on the first working day after his release. (3) A detainee who fails to comply with subsection (2) may be arrested without a warrant. Amended by [Act No. 34 of 2011] PART V. PROHIBITION AGAINST DEPARTURE
13. Interim restriction on departure
(1) Where a police officer not below the rank of Assistant Superintendent certifies in writing that a defendant or a detainee should be prevented from leaving Mauritius, he may require the Immigration Officer to prohibit the departure of that person, and the Immigration Officer shall take all necessary steps to comply with the request. (2) Any restriction imposed pursuant to subsection (1) shall, unless otherwise ordered by a Court, lapse 72 hours after it has been notified to the defendant or detainee. Amended by [Act No. 11 of 2002]; [Act No. 34 of 2011]
14. Prohibition order
(1) A Court may, upon application made by the Commissioner of Police and being satisfied that an order should be made preventing defendant or detainee from leaving Mauritius, make an order to that effect. (2) An order made under subsection (1) shall-
(a) remain in force until the disposal of the charge against the defendant or detainee;
(b) be inserted in the record of the court before which the defendant is charged or the detainee is brought.
(3) The clerk of the court specified in subsection (2)(b) shall immediately after an order is made under this section, inform the Immigration Officer in writing.
Repealed and Replaced by [Act No. 11 of 2002]
15. Repealed by [Act No. 11 of 2002]
16. Variation of order
(1) A person against whom an order has been made under section 14 may apply to the court before which his case is pending for a variation of the order. Repealed and Replaced by [Act No. 11 of 2002] (2) Where an application is made under subsection (1), the Court may vary the order if it is satisfied that it is necessary to do so - (a) to avoid loss or prejudice to the applicant; (b) to avoid damage or loss to the applicant's property; (c) because of the health of the applicant or his next of kin; or (d) in such other cases as the Court thinks fit. Amended by [Act No. 11 of 2002]
(3) Where a court makes a variation order under subsection (2), the court may–
(a) on being satisfied that there are sufficient reasons for so doing, allow the applicant multiple departures from, and returns to, the country within a period specified by the court;
(b) impose on the applicant such other terms and conditions as it deems fit. Added by [Act No. 11 of 2002]
PART VI - BAIL AND REMAND COURT
17. Interpretation of Parts VI and VII
In this Part and in Part VII - "Court" means the Bail and Remand Court established under section 18.
18. Establishment of Court
(1) Where a person agrees with another to indemnify that other person against any liability which he may incur as a surety, he and that other person shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 2 years. (2) An offence under subsection (1) shall be committed (a) whether the agreement is made before or after the person to be indemnified becomes a surety; (b) whether or not he becomes a surety; and (c) whether or not the agreement contemplates a compensation in money or money's worth.
22. Other offences
Any person who- (a) having been released on bail- (i) fails to surrender to custody or to appear before a Court as and when required; (ii) commits an offence other than an offence punishable only by a fine; (iii) interferes with a witness, tampers with evidence or otherwise obstructs the course of justice, in relation to him or to any other person; or (iv) breaches any other condition imposed on him for his release on bail; (b) having stood as surety, fails to take all reasonable steps to ensure that the person for whom he stood surety- (i) surrenders to custody; (ii) appears before a Court as and when required; or (iii) complies with any other condition imposed for his release on bail; (c) leaves Mauritius in breach of an order made under Part V; (d) contravenes this Act in any other manner, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50, rupees and to imprisonment for a term not exceeding 5 years.
Amended by [Act No. 34 of 2011]
23. Repeal – (SPENT AS PER RL 2007 - LEXIS-NEXIS)
The Bail Act 1989 is repealed.
23. Liability to arrest for breaking conditions of bail (1) Where a person who has been released on bail and is under a duty to surrender into the custody of a Court fails to surrender to custody at the time appointed for him to do so, the Court may issue a warrant for his arrest.
(2) Where a person who has been released on bail absents himself from the Court without leave at any time after he has surrendered into the custody of the Court, and before the Court is ready to begin or resume the hearing of the proceedings, the Court may issue a warrant for his arrest.
(3) A person who has been released on bail and is under a duty to surrender into the custody of a Court may be arrested without warrant by a police officer in a case where the person was released on bail with one or more surety or sureties, where a surety notifies the Police in writing that the person is unlikely to surrender to custody and that, for that reason, the surety wishes to be relieved of his obligations as a surety.
(4) A person arrested pursuant to subsection (3) shall be brought as soon as reasonably practicable before the Court which released him on bail. (5) Where a person is arrested pursuant to this section, the Court shall determine whether to release him on bail subject to the same or different conditions or to remand him in custody. Amended by [Act No of 2011]
24. Consequential amendments
(1) The Criminal Procedure Act is amended - (a) in section 50, by deleting the words “in order that that person may be bound to Her Majesty, with 2 sureties in such sum as may be specified in the
Interpreted by me Before me Court Officer
Magistrate
Bail Act of Mauritius 1999
Course: Llb
University: University of Mauritius
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- Bibi ayessa jameer anor v najmoon bibi kurreembokus