Section 28A: Control order

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; (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 [Issue 9] P27 – 14 (2) Revised Laws of Mauritius (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 (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. [S. 28A inserted by s. 14 of Act 27 of 2016 w.e.f. 9 January 2017.] PART VI – PROSECUTION