Section 3: Power of DPP

3. Power of DPP (1) The Director of Public Prosecutions is empowered to prosecute all offenders in the name and on behalf of the State, by himself, or, under his directions, by his deputy, provided that, except in the Intermediate Court and in the District Courts, no person shall be so deputed to act on the trial of any party charged with a crime or misdemeanour, unless he is a barrister of 3 years’ standing at the Bar. (1A) Where a person is charged with an offence referred to in section 116 of the Courts Act, the Director of Public Prosecutions may, at his discretion but subject to any other enactment, decide whether or not a preliminary inquiry shall be held before the person is made to stand trial and prosecute the case— (a) before a Judge and a jury, without holding a preliminary inquiry; (b) before a Judge without a jury; (c) before the Intermediate Court; or (d) before the appropriate District Court for the Magistrate to inquire into the charge and commit the person for trial. [Issue 4] C59 – 4 Revised Laws of Mauritius (2) Notwithstanding subsection (1), the Director of Public Prosecutions may, instead of prosecuting an offender, direct the police or any other person prosecuting an offender under his directions to administer a warning to the offender where he reasonably considers— (a) the offence to be a minor one and that such warning would satisfy the ends of justice; (b) the offender has not previously committed any similar offence; and (c) the offender did not seriously dispute his guilt when confronted with or made aware of the offence. [S. 3 amended by Act 48 of 1991; Act 4 of 1999; s. 3 (a) of Act 18 of 2011 w.e.f. 9 July 2011.]