Section 7: Other conditions for release on bail

7. Other conditions for release on bail (1) A Court may impose as a condition of release on bail that the defendant or detainee resides at a specified address and notifies the Court immediately of any change of address. (2) A Court may impose such other conditions of a general or specific nature as it thinks fit for the release on bail of a defendant or detainee, requiring him to do or not to do any act, in order to secure that— (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; B1 – 5 [Issue 4] Bail Act (c) restriction of the movement of the defendant or detainee after 6pm; (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. (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. (Sub-s. (4) not in operation.) (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. [S. 7 repealed and replaced by s. 8 of Act 34 of 2011 w.e.f. 1 January 2012.]