Section 5: Recognisance and surety

5. Recognisance and surety (1) A defendant or detainee who is released on bail— (a) shall be released on his own recognisance 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 number of sureties as the Court deems necessary to guarantee his appearance in the manner specified in paragraph (a) and his compliance with any other condition imposed for his release on bail. (2) A defendant or detainee shall not be required to provide surety unless— (a) the charge or the arrest relates to a serious offence; or (b) the Court is satisfied that there is reasonable ground to believe that the defendant or detainee is likely to breach a condition of his recognisance. [Issue 4] B1 – 4 Revised Laws of Mauritius (2A) Where a Court is satisfied that a defendant or detainee is unable to provide surety, it shall impose such other conditions of a non-financial nature as it considers appropriate. (3) Subject to subsection (2A), where a defendant or detainee refuses to enter into a recognisance or to provide surety, he shall be remanded in custody. (4) A recognisance shall be in the form set out in the Schedule. (5) — [S. 5 amended by s. 4 of Act 21 of 2004; s. 2 of Act 14 of 2009 w.e.f. 30 July 2009; ss. 7 and 12 (3) of Act 34 of 2011 w.e.f. 1 January 2012.]