Section 5: Legal aid in criminal appeals

5. Legal aid in criminal appeals (1) Any person who has a right of appeal against a conviction or order of a Magistrate under the District and Intermediate Courts (Criminal Jurisdiction) Act or the Industrial Court Act and who is unable to exercise that right owing to poverty, may, on the day of judgment— (a) inform the Magistrate, orally or in writing, of his intention to appeal; and (b) apply through the Magistrate for the grant of legal aid. (2) The Magistrate— (a) shall, on receipt of an application under subsection (1), order that execution of judgment be stayed pending a decision on the application for legal aid; and (b) may, depending on the circumstances of the case, by order— (i) remand the applicant; (ii) release the applicant on parole with or without a requirement that the applicant report to a police station at specified intervals. [Issue 7] L12 – 2 Revised Laws of Mauritius (3) Where after inquiry made by him, the Magistrate is satisfied that the applicant satisfies the requirements of section 4 (b), he shall transmit the record of the case to the Authority. (4) The Magistrate may issue execution where— (a) after inquiry, he is satisfied that the applicant is not qualified for legal aid; or (b) the applicant fails to comply with any order made by him under subsection (2) (b) (ii). (5) This section shall be in addition to, and not in derogation from, any other enactment relating to a criminal appeal from a District Court, the Intermediate Court, the Industrial Court or the Court of Rodrigues.