Section 9: Bail or detention

9. Bail or detention (1) Where a person apparently under the age of 18 is apprehended with or without warrant and cannot be brought forthwith before a Court, the police officer in charge of the station to which that person is brought shall inquire into the case, and may release him on a recognisance being entered into by him, or his parent or guardian, (with or without sureties), for such an amount as will, in the opinion of the officer, secure his attendance upon the hearing of the charge, and shall release him, unless— (a) the offence charged is one of those listed in section 3 (4); (b) it is necessary in the interest of such person to remove him from association with any undesirable person; or (c) the officer has reason to believe that the release of such person would defeat the ends of justice. (2) Where a person apparently under the age of 18 has been apprehended and is not released, the police officer shall cause him to be detained in a place of remand provided under this Act until he can be brought before a Court unless the officer certifies— (a) that it is impracticable to do so; (b) that he is of so unruly a character that he cannot safely be so detained; or (c) that by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him, and the certificate shall be produced to the Court before which he is brought. (3) Where any person apparently below the age of 18 is apprehended, the police officer in charge of the station to which that person is brought [Issue 1] J6 – 4 Revised Laws of Mauritius shall, immediately, take all reasonable steps to inform his parent or guardian of his apprehension and the place where he may be seen by the parent or guardian. (4) No statement shall be recorded from an apprehended person below the age of 18 outside the presence of his parent or guardian unless the parent or guardian cannot be contacted within a reasonable time or the parent or guardian, after being contacted, fails to call at the police station where the statement is to be recorded within a reasonable time fixed by the police officer in charge of the station. [S. 9 amended by Act 15 of 1998.]