Section 72: The hearing

72. The hearing (1) Where the accused is present at the hearing, the substance of the information shall be stated to him and he shall be asked if he has any cause to show why he should not be convicted. (2) Where the accused admits the truth of the information and shows no sufficient cause why he should not be convicted, then the Magistrate shall convict him, and after hearing such evidence as may be necessary to show the facts and circumstances of the case, shall pass such sentence as the nature of the offence may require. (3) Where the accused does not admit the truth of the information, the Magistrate shall proceed to hear such witnesses as the prosecutor may examine, and such other evidence as he may adduce in support of his continued on page D13 – 21 [Issue 4] D13 – 20 Revised Laws of Mauritius information and also to hear such witnesses as the accused may examine, and such other evidence as he may adduce in his defence and also, if the Magistrate considers such a course conducive to the ends of justice, to hear such witnesses as the prosecutor may examine in reply if the accused has examined any witness or given any evidence other than as to his general character. (4) After hearing what each party has to say and the evidence adduced the Magistrate shall consider the whole matter and either dismiss the information, or convict the accused and pass such sentence (stating the law on which it is grounded) as the nature of the offence and the law may require. (5) Where, under the law applicable to the offence, the Magistrate inflicts both fine and imprisonment, the fine shall not exceed 100,000 rupees and the imprisonment shall not exceed 5 years. [S. 72 replaced by Act 2 of 1983; amended by Act 5 of 1999; s. 7 of Act 36 of 2008 w.e.f. 6 December 2008.]