Section 10: Provisions to secure protection of law

10. Provisions to secure protection of law (1) Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial Court established by law. (2) Every person who is charged with a criminal offence— (a) shall be presumed to be innocent until he is proved or has pleaded guilty; (b) shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence; (c) shall be given adequate time and facilities for the preparation of his defence; (d) 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; (e) shall be afforded facilities to examine, in person or by his legal representative, the witnesses called by the prosecution before any Court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before that Court on the same conditions as those applying to witnesses called by the prosecution; and (f) 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, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the Court has ordered him to be removed and the trial to proceed in his absence. (3) Where a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the Court. [Issue 8] CON – 12 Revised Laws of Mauritius (4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. (5) No person who shows that he has been tried by a competent Court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial of that offence, except upon the order of a superior Court in the course of appeal or review proceedings relating to the conviction or acquittal. (6) No person shall be tried for a criminal offence if he shows that he has been granted a pardon, by competent authority, for that offence. (7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial. continued on page CON – 13 CON – 12 (1) [Issue 8] inal offence of which he could have been convicted at the trial of that offence, except upon the order of a superior Court in the course of appeal or review proceedings relating to the conviction or acquittal. (6) No person shall be tried for a criminal offence if he shows that he has been granted a pardon, by competent authority, for that offence. (7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial. continued on page CON – 13 CON – 12 (1) [Issue 8] Revised Laws of Mauritius (8) Any Court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a Court or other authority, the case shall be given a fair hearing within a reasonable time. (9) Except with the agreement of all the parties, all proceedings of every Court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the Court or other authority, shall be held in public. (10) Nothing in subsection (9) shall prevent the Court or other authority from excluding from the proceedings (except the announcement of the decision of the Court or other authority) persons other than the parties and their legal representatives, to such extent as the Court or other authority— (a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of 18 years or the protection of the privacy of persons concerned in the proceedings; or (b) may by law be empowered or required to do so in the interests of defence, public safety or public order. (11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— (a) subsection (2) (a), to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; (aa) subsection (2) (d), to the extent that the law in question authorises a police officer to direct that any person arrested upon reasonable suspicion of having committed any offence related to terrorism or any drug dealing offence be detained in police custody for a period not exceeding 36 hours from his arrest without having access to any person other than a police officer not below the rank of Inspector or a Government Medical Officer; (b) subsection (2) (e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; (c) subsection (5), to the extent that the law in question authorises a Court to try a member of a disciplined force for a criminal offence, notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any Court so trying such a member and convicting him shall, in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law. CON – 13 [Issue 1] The Constitution (12) In this section, “criminal offence” means a crime, misdemeanour or contravention punishable under the law of Mauritius. [S. 10 amended by Act 40 of 2000; s. 3 of Act 4 of 2002.]