Section 85: Proceedings before Intermediate Court

85. Proceedings before Intermediate Court (1) Subject to subsections (2) and (5), the hearing of every case before the Intermediate Court shall take place before one Magistrate. [Issue 1] C54 – 22 Revised Laws of Mauritius (2) The President of the Intermediate Court may, either proprio motu or on application in writing made to him by any party to a case stating the reasons for such application, direct that any case shall be heard by 2 or more Magistrates, having regard to the magnitude of the interests at stake or the importance or intricacy of the questions of fact or law involved. (3) Except where the case is heard before one Magistrate, the decision of the Intermediate Court shall— (a) where the Court is composed of 2 Magistrates, be the unanimous decision of the Magistrates; (b) where the Court is composed of 3 Magistrates, be the unanimous decision or the decision of the majority of the Magistrates. (4) Where the Intermediate Court is composed of 2 Magistrates and there is a difference of opinion between them, the trial shall be started anew before 3 Magistrates. (5) Where a person is prosecuted for an offence of rape under section 249 (1) of the Criminal Code, the case shall be heard— (a) by 2 Magistrates; or (b) where the President of the Intermediate Court so directs, by more than 2 Magistrates. [S. 85 amended by Act 4 of 1999; s. 2 (a) of Act 30 of 2003.]