Section 28A: Control order
This section is inserted by Act No 27 of 2016, section 14.
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28A. Control order
(1) The Commissioner may apply to the Judge in Chambers
for a control order to be issued to any person to –
(a) protect the public from an act of terrorism;
(b) prevent the provision of support for, or the
facilitation of, an act of terrorism; or
(c) prevent the provision of support for, or the
facilitation of the engagement in, an act of
terrorism in another State.
(2) A control order may, for such time as may be specified
in the order –
(a) prevent the person from –
(i) remaining in any locality or leaving Mauritius;
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(ii) communicating or associating with certain
persons;
(iii) purchasing or otherwise requiring
provision of such object as may be
specified in the order;
(iv) carrying out a specified activity; or
(v) accessing certain forms of technology,
including the Internet; or
(b) require that person to –
(i) remain on specified premises for not more
than 12 hours within any period of 24 hours;
(ii) wear a tracking device;
(iii) report to a police officer at a certain time
and place; or
(iv) allow himself to be photographed and his
fingerprints to be taken.
(3) The Judge in Chambers may, on an application made
under subsection (1), grant the order where he is satisfied that –
(a) making the order would assist in preventing or
detecting an act of terrorism;
(b) the person has provided training to, received
training from or participated in training with, a
proscribed organisation;
(c) the person has engaged in an act of terrorism in
another State;
(d) the person has been convicted in Mauritius of an
offence relating to terrorism;
(e) the person has been convicted in another State of
an offence that, if engaged in Mauritius, would
constitute an offence relating to terrorism; or
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(f) every obligation, prohibition or restriction
to be imposed on the person by the order is,
having regard to the person’s financial and other
circumstances, reasonably necessary for any
purpose specified in subsection (1).
(4) No control order shall take effect unless the person
subject to it is notified personally of the order.
(5) Any person to whom a control order has been issued
may apply to a Judge in Chambers for the revocation or variation
of the order on giving notice in writing to the Commissioner of the
application and the grounds on which the revocation or variation is
sought, and the Judge in Chambers may, on such application, make
such order as he may determine.
(6) Any person who contravenes a control order shall
commit an offence.
(7) In any proceeding under this section, the Judge in
Chambers may require the attendance of the Ministère Public.