Section 11: Proceedings after arrest

11. Proceedings after arrest (1) A person who is arrested under a warrant issued under section 10 shall, unless he is sooner released, be brought as soon as practicable before a Magistrate. (2) The Magistrate may remand in custody a person brought before him under this section or admit him to bail for a period or periods not exceeding 7 days at any one time and, where a Magistrate remands him in custody or admits him to bail, he may, at the expiration of the period, be brought before that Magistrate or any other Magistrate. [Issue 1] E19 – 6 Revised Laws of Mauritius (3) Where a person was arrested under a warrant issued without the authority of the Attorney-General under section 9, the Magistrate shall remand him in custody or admit him to bail until the Magistrate receives a notice in writing from the Attorney-General either directing that the warrant be cancelled or stating that a request has been transmitted to him under section 8 for the surrender of the offender. (4) Where the Magistrate— (a) does not receive the notice from the Attorney-General within such reasonable time as the Magistrate may fix, having regard to all the circumstances; or (b) receives a notice directing him that the warrant be cancelled, the Magistrate shall— (i) where the person arrested is held in custody, order that he be released; or (ii) where he has been admitted to bail, make an order discharging the recognisances upon which he was admitted to bail. (5) Where the person was arrested under a warrant issued with the authority of the Attorney-General under section 9 or after receipt of a notice from the Attorney-General stating that a request has been transmitted to him under section 8 for the surrender of the offender and— (a) there is produced to the Magistrate a duly authenticated foreign warrant in respect of the person issued in the foreign State that made the request for the surrender of the person; (b) there is produced to the Magistrate— (i) in the case of a person who is accused of an extradition crime, such evidence as would, in the opinion of the Magistrate, according to the law in Mauritius, justify the committal for trial of the person if the act or omission constituting that crime had taken place, in, or within the jurisdiction of Mauritius; or (ii) in the case of a person who is alleged to have been convicted of an extradition crime, sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and (c) the Magistrate is satisfied, after hearing any evidence tendered by the person, that is liable to be surrendered to the foreign State that made the request for the surrender, the Magistrate shall, by warrant in Form D of the Second Schedule, commit him to prison to remain there until he is surrendered to the foreign State. (6) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to E19 – 7 [Issue 1] Extradition Act which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or until he is surrendered. (7) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith rant, order that he be held in custody at the place where he is for the time being, or at any other place to E19 – 7 [Issue 1] Extradition Act which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or until he is surrendered. (7) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Attorney-General a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit.