Section 12: Surrender of offender to foreign State
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Surrender of offender to foreign State
(1) Where, under this Part, a Magistrate commits a person (in this section
referred to as “the prisoner”) to prison, or otherwise orders that he be held in
custody, pending his surrender to a foreign State, the Magistrate shall inform
the prisoner that he will not be surrendered until after the expiration of the
period of 15 days from the date of the committal or order and that he may,
within that period, apply for the issue of a writ of habeas corpus.
(2) After the expiry of the period specified in subsection (1) or, where a
writ of habeas corpus is issued in respect of the prisoner, after the Supreme
Court has decided, on the return to the writ, that he is not to be discharged
from custody, whichever is the later, the Attorney-General may, if he is satisfied that the prisoner is liable to be surrendered to the foreign State, by
warrant in Form E of the Second Schedule, order that the prisoner be delivered into the custody of the person specified in the warrant and be conveyed
by that person to a place in the foreign State or within the jurisdiction of, or
of a part of, the foreign State and there surrendered to some person appointed by the foreign State to receive him.
(3) Until the prisoner is conveyed out of Mauritius, he shall be deemed
for the purposes of the law of Mauritius to be a person in lawful custody.
(4) Any property in the possession of the prisoner at the time of his arrest that may be material as evidence in proving the offence to which the
request for his surrender relates shall, if the Attorney-General so directs, be
delivered up on his surrender.