Section 4: Service Courts and service authorities

4. Service Courts and service authorities (1) The Service Courts and service authorities of a sending country may, within Mauritius, exercise over persons subject to their jurisdiction in accordance with this section all the powers that are exercisable by them according to the law of that country. (2) The persons subject to the jurisdiction of the Service Courts and service authorities of a sending country in accordance with this section are— (a) members of a visiting force of that country; and (b) all other persons who, being neither citizens of, nor ordinarily resident in, Mauritius, are subject to the service law of that country otherwise than as members of that country’s forces. (3) Where a sentence has, in or outside Mauritius, been passed by a Service Court of a sending country on a person who, immediately before the sentence was passed, was subject to the jurisdiction of that Court in accordance with this section, for the purposes of any proceedings in a Court of Mauritius, the Service Court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that Court, and in accordance with the law of that country, and if executed according to the tenor of the sentence, shall be deemed to have been lawfully executed. (4) Notwithstanding subsection (3), a sentence of death passed by a Service Court of a sending country shall not be carried out in Mauritius unless under the law of Mauritius a sentence of death could have been passed in a similar case. (5) For the purpose of enabling the Service Courts and service authorities of a sending country to exercise more effectively the powers referred to in subsection (1), the Commissioner of Police, where so requested by the service authorities of that country, may by general or special orders direct members of the Mauritius Police Force to arrest any person, being a member of a visiting force of that country, who is alleged to have committed an offence punishable under the law of that country, and to hand him over to the service authorities of that country.