Section 115: Preliminary inquiry by Magistrate
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
115. Preliminary inquiry by Magistrate
Where upon the hearing of an offence within his jurisdiction, the Magistrate
is of opinion that the offence deserves a punishment which is beyond his jurisdiction or that the evidence discloses another offence which is not within his
jurisdiction, the Magistrate may refer the matter to the Director of Public
Prosecutions who, in accordance with section 3 (1A) of the Criminal Procedure
Act, may, at his discretion, decide whether or not a preliminary inquiry shall be
held before the person is made to stand trial before the appropriate Court.
[S. 115 amended by s. 2 (a) of Act 18 of 2011 w.e.f. 9 July 2011.]
[Issue 4] C54 – 30
Revised Laws of Mauritius
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Questions this section answers
- What happens if the Magistrate thinks my case deserves a punishment beyond his jurisdiction?