Section 218: Jurisdiction in criminal matters

218. Jurisdiction in criminal matters (1) Notwithstanding section 114 of the Courts Act and section 72 of the District and Intermediate Courts (Criminal Jurisdiction) Act, a Magistrate shall have jurisdiction to try an offence under this Act and may impose any penalty provided under this Act. (2) A Court shall have jurisdiction respecting offences under this Act over any vessel being on, or lying or passing off, the coast of Mauritius, or being in or near any bay, channel or navigation water in Mauritius and over all persons on board that vessel or for the time being belonging to it. continued on page M62 – 107 [Issue 4] M62 – 102 Revised Laws of Mauritius (3) Where a person who is charged with having committed an offence under this Act is found within the jurisdiction of a Court in Mauritius, the Court shall have jurisdiction to try the offence where the person— (a) is a Mauritius citizen and is charged with having committed it— (i) on board any Mauritius ship on the high seas; (ii) in any foreign port or harbour; or (iii) on board any foreign ship to which he does not belong; or (b) is not a Mauritius citizen and is charged with having committed it on board a Mauritius ship on the high seas or, in the case of a stowaway, in a foreign country. (4) Any act or omission, in relation to property or person, done in or at any place, ashore or afloat, outside Mauritius by a master or a seafarer who, at the time, is employed on a Mauritius ship, which, if done in Mauritius would be an offence under a Mauritius law, shall be treated as an offence under that law and a Court shall have jurisdiction to try the offence.