Section 5: Issue of certificate
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Issue of certificate
(1) (a) The Director of Public Prosecutions or the delegated person,
where he is not the Commissioner of Police, shall refer every application to
the Commissioner of Police for enquiry and report.
(b) Where the delegated person is the Commissioner of Police, he
shall cause an enquiry to be conducted into every application.
(2) Where the applicant has in Mauritius—
(a) never been convicted of any crime or misdemeanour;
(b) following a conviction for a crime or misdemeanour, other than
an offence specified in the Second Schedule, been given only—
(i) an absolute discharge; or
(ii) a conditional discharge, and has complied with the terms
and conditions of the discharge;
(c) more than 5 years before making the application, been convicted
of a crime or misdemeanour, other than an offence specified in
the Second Schedule, and been—
(i) given only a fine of up to 5,000 rupees; or
(ii) made the subject of a probation order only, and has complied with the terms and conditions of the order; or
(d) been granted a free pardon in respect of a crime or misdemeanour pursuant to section 75 of the Constitution,
the Director of Public Prosecutions shall issue a certificate in the form set out
in Part A or B of the Third Schedule, specifying that the person in whose
name the application has been made has never been convicted of a crime or
misdemeanour in Mauritius.
(3) For the purposes of subsection (2) (b) and (c), an offence—
(a) under an enactment which is not specified in the Second
Schedule; but
(b) of which the constitutive elements are the same as, or substantially similar to, those of an offence specified in that Schedule,
shall be deemed to be an offence specified in the Second Schedule.
(4) Where a person has been convicted of a crime or misdemeanour and
none of the circumstances specified in subsection (2) is applicable, the Director of Public Prosecutions shall issue a certificate in the form set out in Part
C or D of the Third Schedule.
(5) Where an applicant requires more than one original of a certificate
within a period of 3 months from the date of issue of the certificate, the
Director of Public Prosecutions shall, on payment by the applicant of the
appropriate fee specified in the First Schedule, issue up to a maximum of
3 originals of the certificate.
C8B – 3 [Issue 5]
(6) (a) Subject to paragraph (b), the Director of Public Prosecutions shall
not issue another certificate in the name of a person within a period of
3 months following the issue of a certificate to that person.
(b) The Director of Public Prosecutions may issue another certificate
in the name of a person within the period of 3 months where—
(i) there has been a material change in the circumstances of that
person; or
(ii) the subsequent application is made by an employer under section 4.
(7) (a) The Director of Public Prosecutions may authorise a law officer
from his Office to issue a certificate on his behalf.
(b) Where the delegated person is the Commissioner of Police, he
may authorise a police officer not below the rank of Assistant Commissioner
of Police to issue a certificate on his behalf.