Section 38: Entry, search and seizure

38. Entry, search and seizure (1) The International Criminal Court or the Prosecutor of the International Criminal Court shall submit any request for assistance in the entering and searching of premises, the search of a person and the seizure of a book, document or object that has a bearing on a crime or an offence committed within the jurisdiction of the International Criminal Court, to the AttorneyGeneral in writing. (2) The request shall contain sufficient information that there is reasonable ground for believing that the entry, search or seizure of the book, documents or object has a bearing on a crime or an offence committed within the jurisdiction of the International Criminal Court or that such entry, search or seizure of a book, document or object is necessary to determine if such a crime or such an offence has been so committed and that an investigation in that respect is being conducted by the Prosecutor of the International Criminal Court. (3) On receipt of such a request, the Attorney-General shall forward it to the Commissioner of Police with a view to obtaining the necessary warrant required in the circumstances. (4) A Magistrate may, if it appears to him from the information submitted that there is reasonable ground for believing that any book, document or object, which has a bearing on the investigation concerned, is in the possession or under the control of any person or on or in any premises within the Magistrate’s area of jurisdiction, issue the necessary warrant required in the circumstances. (5) The warrant shall clearly specify the acts which may be performed under it by the police officer to whom it is issued. (6) The warrant shall remain valid until— (a) it is executed; (b) it is cancelled by the person who issued it or by any person with similar authority; (c) the expiry of 3 months from the date of its issue; or (d) the purpose for which the warrant was issued no longer exists, whichever may occur first. (7) A police officer shall, immediately before executing the warrant— (a) identify himself to the person referred to in the warrant or the owner or person in control of the premises, if the person is present; [Issue 4] I15B – 20 Revised Laws of Mauritius (b) hand over to the person a copy of the warrant or, if the person is not present, affix that copy to a prominent place on the premises; and (c) supply the person at his request with particulars regarding his authority to execute the warrant. (8) Every entry, search and seizure under this section shall be— (a) conducted with strict regard to decency and order, including the protection of a person’s right to dignity, freedom, security and privacy; and (b) executed by day unless the execution by night is justifiable and necessary. (9) The seizure of a book, document or object under this section shall be effected by removing it from the premises concerned or, if that removal is not reasonably practicable, by sealing or otherwise safeguarding it on or in the premises. (10) A police officer who may under this section enter and search any premises— (a) shall, immediately before the entry, demand admission to the premises and make known the purpose of the entry and search, unless there is reasonable ground for believing that a book, document or object in respect of which the search is being conducted, may be destroyed, disposed of or tampered with if that admission is first demanded and that purpose is made known; (b) may use such force as is reasonably necessary to A police officer who may under this section enter and search any premises— (a) shall, immediately before the entry, demand admission to the premises and make known the purpose of the entry and search, unless there is reasonable ground for believing that a book, document or object in respect of which the search is being conducted, may be destroyed, disposed of or tampered with if that admission is first demanded and that purpose is made known; (b) may use such force as is reasonably necessary to overcome resistance to the entry or search or the seizure of a book, document or object under this section; (c) may utilise or request the assistance of any person to identify any book, document or object which has a bearing on the alleged crime or offence or to conduct the entry or search or the seizure of any book, document or object under this section. (11) A person from whose possession or control a book, document or object has been removed under this section may, at his own expense and under the supervision of a police officer, make a copy or take an extract from it. (12) A police officer who removes a book, document or object from any premises under this section shall issue a receipt to the person who is the owner, or in possession or in control, of the premises or, if that person is not present, affix it to a prominent place on the premises. (13) Where, during the conduct of a search or the carrying out of a seizure under this section, a person claims that a book, document or object found on or in the premises contains privileged information and refuses the examination or removal of the book, document or object, the police officer conducting the search or carrying out the seizure shall, if he is of the opinion I15B – 21 [Issue 4] International Criminal Court Act that the book, document or object contains information which has a bearing on the alleged crime or offence, seize the book, document or object and submit it to the Magistrate having jurisdiction for safe custody until a Court has made a ruling on the question whether the information is privileged or not. (14) Where the information is found not to be privileged, the book, document or object seized under this section shall be handed over to the International Criminal Court or the Prosecutor of the International Criminal Court. (15) Where criminal proceedings, in respect of which a book, document or object has been seized under this section, are not instituted within a reasonable time after the seizure or it appears that the book, document or object is not required in criminal proceedings for the purposes of evidence or an order of the International Criminal Court, the Attorney-General shall request the International Criminal Court or the Prosecutor of the International Criminal Court to return the book, document or object to the person from whom it was seized. PART VII – ENFORCEMENT OF SENTENCE OF IMPRISONMENT