Section 5: Offenders connected with visiting force

5. Offenders connected with visiting force (1) Subject to this section, a person charged with an offence against Mauritius law shall not be liable to be tried for that offence by a Court of V8 – 3 [Issue 1] Mauritius if at the time when the offence is alleged to have been committed, he was a member of a visiting force or civilian component or a dependant of such member and— (a) the alleged offence is an offence against the security of the sending country; (b) the alleged offence, if committed by him, arose out of and in the course of his duty as a member of that force or component, as the case may be; (c) the alleged offence is an offence against the person, and the person or, if more than one, each of the persons in relation to whom it is alleged to have been committed had at the time a relevant association either with that force or with another visiting force of the same country; or (d) the alleged offence is an offence against property, and the whole of the property in relation to which it is alleged to have been committed (or, in a case where different parts of that property were differently owned, each part of the property) was at the time the property either of the sending country or of an authority of that country or of a person having a relevant association with that force or with another visiting force of the same country. (2) Subsection (1) shall not apply where at the time the offence is alleged to have been committed the alleged offender was a person not subject to the jurisdiction of the Service Courts of the country in question in accordance with section 4. (3) Nothing in subsection (1)— (a) shall prevent a person from being tried by a Court of Mauritius in a case where the Director of Public Prosecutions certifies, before or in the course of the trial, that the service authorities of the sending country have notified him that it is not proposed to deal with the case under the law of that country; (b) shall affect anything done or omitted to be done in the course of a trial unless, in the course of the trial, objection has already been made that by reason of that subsection the Court is not competent to deal with the case; or (c) shall, after the conclusion of a trial, be treated as having affected the validity of the trial if no such objection was made in the proceedings at any stage before the conclusion of the trial. (4) Nothing in this section shall be construed as derogating from any other enactment restricting the prosecution of any proceedings or requiring the consent of any authority to the prosecution of the proceedings.