Section 53: Powers of arrest

53. Powers of arrest (1) Where the Director-General is satisfied that a person who may assist him in his investigation— (a) is about to leave Mauritius; (b) has interfered with a potential witness; or (c) intends to destroy documentary evidence which is in his possession and which he has refused to give to the Commission, the Commission may, in writing, direct an officer to arrest that person. (2) Where a person is arrested under subsection (1), he shall— (a) forthwith be brought to the office of the Commission; (b) be explained his constitutional rights and given the right to contact his lawyer; (c) be allowed prompt access to his lawyer; (d) not be questioned unless a video recording is made of the proceedings; (e) unless the Commission is satisfied that it is necessary that his detention be prolonged, be released immediately upon furnishing such surety in a reasonable amount as the Director-General may determine; and (f) be brought before a Magistrate, who may impose such conditions as he considers necessary for his release. [S. 53 amended by s. 22 of Act 24 of 2005 w.e.f. 1 October 2005.]