Section 4: Refusal to release on bail

4. Refusal to release on bail (1) A Court may refuse to release a defendant or a detainee on bail where— (a) it is satisfied that there is reasonable ground for believing that the defendant or detainee if released is likely to— (i) fail to surrender to custody or to appear before a Court as and when required; (ii) commit an offence, other than an offence punishable only by a fine; [Issue 4] B1 – 2 Revised Laws of Mauritius (iii) interfere with witnesses, tamper with evidence or otherwise obstruct the course of justice, in relation to him or to any other person; (b) it is satisfied that the defendant or detainee should be kept in custody— (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 B1 – 3 [Issue 4] Bail Act 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 r fter 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. [S. 4 amended by ss. 6 and 12 of Act 34 of 2011 w.e.f. 1 January 2012.] PART III – CONDITIONS FOR RELEASE ON BAIL