THE JUDICIAL AND LEGAL PROVISIONS ACT
(No. 3 of 2018)
The object of this Act is to amend a number of enactments with a view to, inter alia, improving the administration of justice in Mauritius.
2. The Act, in particular, provides –
(a) for an increase in the threshold for converting a fine to a community service order from 30,000 rupees to 50,000 rupees;
(b) for the conferring of statutory powers on the Supreme Court regarding contempt in the face of the Court, refusing to give evidence in Court and giving false evidence under oath;
(c) for an increase in the sentence, where a witness for the prosecution fails to appear before the Court, from 100 rupees to a fine not exceeding 100,000 rupees and to a term of imprisonment not exceeding 2 years;
(d) for the review of the offence of outrage against the public and religious morality and the offence of stirring up contempt or racial hatred so as to criminalise such offences committed through electronic means, and to provide for stiffer penalties;
(e) for an increase in the time limit for payment of a fine from 12 months to 2 years;
(f) that a person sentenced to a term of imprisonment or penal servitude shall, subject to certain conditions, be given full credit for the time he has spent in custody by deducting that time from the term of imprisonment or penal servitude imposed;
(g) that a convicted person who has, so far, not benefitted from full credit for the time he has spent in custody, may petition the President under section 75 of the Constitution with a view to obtaining full credit for the time he has spent in custody;
(h) for an increase in the number of counts to 10 in an information lodged before a District Court; 2
(i) that the Court may order the destruction of any goods used in, or giving rise to, an act of unfair practice;
(j) that the Central Authority may, for the purposes of the Mutual Assistance in Criminal and Related Matters Act, make use of the services of public officers designated for that purpose by the Secretary to Cabinet and Head of the Civil Service;
(k) for the amendment to the Sale of Immovable Property Act to provide –
(i) that a commandement which is to be served in a case of seizure of immovable property shall, in lieu of the visa of the Ministère Public or the visa of the District Clerk, require the visa of the Chief Court Usher of the Supreme Court;
(ii) for the publication of a notice under section 222 in one daily newspaper published and distributed in Rodrigues where the property subject matter of the sale is situated in Rodrigues,
and for matters related thereto.
Status – Published in the Gazette on 5 May 2018. Will come into operation on a date to be fixed by Proclamation.