You have been arrested or charged
The rights that matter most here are in the Constitution, and they are short enough to read in full. juris quotes them rather than summarising them, because they are the ones people are most often told wrongly.
Written by the juris team. Not yet reviewed by a Mauritian lawyer.
What to do
- Ask what offence you are suspected of. You are entitled to be told, in a language you understand and in detail.
- Ask for a lawyer before you give a statement.
- Ask for an interpreter if the language used is not one you follow. It costs you nothing.
- Write down the date and time of everything as soon as you can.
What the law says
You are presumed innocent until proved guilty or until you plead guilty.
shall be presumed to be innocent until he is proved or has pleaded guilty;
You must be told what the offence is, as soon as reasonably practicable, in detail, in a language you understand.
shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence;
You may defend yourself in person or by a legal representative of your own choice, or one provided at public expense where so prescribed.
shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice or, where so prescribed, by a legal representative provided at the public expense;
You are entitled to an interpreter without payment if you cannot understand the language used at the trial.
shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence
Your case must be given a fair hearing within a reasonable time by an independent and impartial court.
Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial Court established by law.
What this guide does not cover
- Bail, police procedure, and what happens at each stage of a prosecution. These sit in the Bail Act, the Criminal Procedure Act and the District and Intermediate Courts (Criminal Jurisdiction) Act. Those Acts are in this corpus but no provision from them has been read verbatim for this card, so nothing is claimed from them here. Ask the question directly and juris will retrieve and cite them.
Where the matter is heard
- District Court or Intermediate Court (ordinary civil): Ordinary civil claims, including a landlord's action to cancel a lease or to recover possession of property from a tenant or occupier.
Also worth knowing
- Ombudsman: Injustice suffered through maladministration by a government department, the Police Force, the Prisons Service and the other officers and authorities section 97 applies to.