Section 4A: Application by convicted person for reference to Court under Criminal

4A. Application by convicted person for reference to Court under Criminal Appeal Act (1) Notwithstanding this Act, a convicted person, or his representative, may apply to the Human Rights Division, in such form as may be prescribed, for an enquiry to be conducted as to whether there exists sufficient fresh and compelling evidence that may satisfy the Human Rights Division that a reference should be made under section 19A (4) of the Criminal Appeal Act. (2) On receipt of an application under subsection (1), the Human Rights Division shall— (a) conduct such preliminary investigation as it considers necessary; (b) determine, within a period of 30 days from receipt of the application, whether it will conduct an enquiry into the matter; and (c) inform the convicted person or his representative, accordingly. (3) The Human Rights Division shall, without prejudice to its other powers under this Act, conduct the enquiry in such manner as it considers appropriate and shall, as far as practicable, complete its enquiry within 6 months from receipt of the complaint. (4) On completion of the enquiry, the Human Rights Division may— (a) grant the application and refer the conviction to the Court of Criminal Appeal in accordance with section 19A (4) of the Criminal Appeal Act; or (b) reject the application, and shall forthwith inform the convicted person or his representative of its decision. [S. 4A inserted by s. 9 (a) of Act 20 of 2013 w.e.f. 3 August 2013.] [Issue 10] P46 – 6 Revised Laws of Mauritius