THE BAIL ACT 1999

Act 32/1999

Proclaimed by [Proclamation No. 8 of 2000] w.e.f. 14th February 2000

ARRANGEMENT OF SECTIONS

Section

PART I - PRELIMINARY

1. Short title
2. Interpretation

PART II - BAIL

3. Right to release on bail

4. Refusal to release on bail

PART III - CONDITIONS FOR RELEASE ON BAIL

5. Recognizance and surety

6. Recognizance in money or money's worth
7. Other conditions for release on bail
8. Qualifications of surety
9. Discharge of surety
10. Estreatment of recognizance
11. Termination of recognizance

PART IV - RELEASE ON PAROLE

12. Release on parole during weekend

PART V - PROHIBITION AGAINST DEPARTURE

13. Interim restriction on departure

14. Application to Judge in Chambers
15. Enlargement of order
16. Variation of order

PART VI - BAIL AND REMAND COURT

17. Interpretation of Parts VI and VII

18. Establishment of Court
19. Jurisdiction of Court

PART VII- LIVE VIDEO ANDTELEVISION LINK

20. Live video and television link

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PART VIII – MISCELLANEOUS

21. Agreement to indemnify surety

22. Other offences
23. Repeal
24. Consequential amendments
25. Rules
26. Commencement
26
27 An Act

To make better provision with regard to the remand or release of persons charged with an
offence or arrested on reasonable suspicion of having committed an offence

ENACTED by the Parliament of Mauritius, as follows -

PART I - PRELIMINARY
1. Short title

This Act may be cited as the Bail Act 1999.

2. Interpretation

In this Act -

“defendant” –

(a) means a person who is under arrest and is charged before a Court with having
committed an offence; and

(b) includes a person –

(i) who has been committed to stand trial;
(ii) who, following a conviction, has given notice of appeal or applied for judicial
review; or
(iii) in the course of whose trial a question of law has been reserved for the
opinion of the Court of Criminal Appeal;
Amended by [Act No. 34 of 2011]

"detainee" means a person who is under arrest upon reasonable suspicion of having
committed an offence;

“release on bail" means the release from custody of a person who is under arrest on
condition that he enters into a recognizance;

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 “recognizance" –

(a) means a recognizance entered into in accordance with section(5)(1)(a);

(b) includes a recognizance entered into by a surety;

"serious offence" means -

(a) an offence punishable by penal servitude;

(b) an offence under any of the provisions of the Dangerous Drugs Act other than section
34

“surety" means a person referred to in section (5)(1)(b).

Amended by [Act No. 21 of 2004]

PART II - BAIL

3. Right to release on bail

Notwithstanding any other enactment and subject to section 4, every defendant or detainee
shall be entitled to be released on bail.

Amended by [Act No. 34 of 2011]

3A. Hearing of bail applications

The Court shall endeavour to hear and determine any application for bail within the
shortest delay.
Added by [Act No. 34 of 2011]

4. Refusal to release on bail

(1) A Court may refuse to release a defendant or a detainee on bail where -

(a) it is satisfied that there is reasonable ground for believing that the
defendant or detainee, if released, is likely to-

(i) fail to surrender to custody or to appear before a Court as and when

required;

(ii) commit an offence, other than an offence punishable only by a fine;

(iii) interfere with witnesses, tamper with evidence or otherwise obstruct

the course of justice, in relation to him or to any other person;

(b) it is satisfied that the defendant or detainee should be kept in custody -

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 (i) for his own protection;

(ii) in the case of a minor, for his own welfare; or

(iii) for the preservation of public order;

(c) the defendant or detainee, having been released on

bail, has –

(i) committed an act referred to in paragraph (a); or

(ii) breached any other condition imposed on him for his

release:

(d) the defendant or detainee is charged or is likely to be charged with a serious

offence;

(e) there is reasonable ground for believing that the defendant or detainee has -

(i) given false or misleading information regarding his names or

address; or

(ii) no fixed place of abode;

(f) a detainee has failed to comply with section 12(2).

(2) In considering whether or not to refuse bail on any ground mentioned in

subsection (1), the Court shall decide the matter by weighing the interests of society
against the right of the defendant or detainee to his liberty and the prejudice he is likely to
suffer if he is detained in custody, taking into account every consideration which, in its
opinion, is relevant, including –

(a) the period for which the defendant or detainee has already been in custody
since his arrest;
(b) the nature and gravity of the offence with which the defendant or detainee is
or is likely to be charged and the nature and gravity of the penalty which
may be imposed on him;
(c) the character, association, means, community ties and antecedents of the
defendant or detainee, including any non-compliance with any condition
imposed for his release on bail with respect to any other offence; and

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 (d) the nature of the evidence available with regard to the offence with which
the defendant is charged.

(3) Where a request for the release on bail of a defendant or detainee is objected to,
the Court shall place on record the written reasons for his determination thereon.

(4) (a) Where a Magistrate has ordered the release on bail of a defendant or a
detainee notwithstanding an objection by the Commissioner of Police or the
Director of Public Prosecutions on any of the grounds set out in this section, the
Commissioner of Police or the Director of Public Prosecutions; as the case may be,
may, within 7 days of the determination of the Magistrate, apply to the Supreme
Court for an order setting aside the decision of the Magistrate to release the
defendant or detainee.

(b) Where, immediately after ordering the release of the defendant or detainee,
the Magistrate is notified by the Director of Public Prosecutions that an
application under paragraph (a) is being made and that a stay of execution
is required, the Magistrate shall stay execution of the order and remand the
defendant or detainee until the Supreme Court determines the application.

(5) Pending the determination of an application made under subsection (4)(a), the
Supreme Court may, where the defendant or detainee has been released on bail
and no stay of execution has been sought under subsection (4)(b), on motion made
by the Director of Public Prosecutions, order that the decision of the Magistrate be
stayed and that the defendant be apprehended and remanded in custody.

(6) A defendant or a detainee whose release on bail is refused under subsection (1)
shall be remanded in custody for a period not exceeding 21 days, after which the
defendant or detainee shall be brought again before the Court.

(7) Where a defendant or detainee has been remanded by the Magistrate under
subsection (4)(b) and the Commissioner of Police or the Director of Public
Prosecutions fails to apply to the Supreme Court within 7, days as provided in
subsection (4) (a), the defendant shall forthwith be brought before the Magistrate
who shall thereupon release him on bail as originally ordered by the Magistrate.

Amended by [Act No. 34 of 2011]

PART III - CONDITIONS FOR RELEASE ON BAIL

5. Recognizance and surety

(1) A defendant or detainee who is released on bail-

(a) shall be released on his own recognizance to appear before a court for his
trial, for any proceedings preliminary to trial or otherwise as he may be
required to do;

(b) may, subject to subsection (2), be required to provide such sureties as the
Court deems necessary to guarantee his appearance in the manner

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 specified in paragraph (a) and his compliance with any other condition
imposed for his release on bail.

(2) A defendant or detainee shall not be required to provide surety unless -

(a) the charge or the arrest relates to a serious offence; or

(b) the Court is satisfied that there is reasonable ground to believe that the
defendant or detainee is likely to breach a condition of his recognizance.

(2A) Subject to subsection (2A), where a Court is satisfied that a defendant or detainee is
unable to provide surety, it shall impose such other conditions of a non-financial nature as it
considers appropriate.

(3) Where a defendant or detainee refuses to enter into a recognizance

or to provide surety, he shall be remanded in custody.

(4) A recognizance shall be in the form set out in the Schedule.

Amended by [Act No. 21 of 2004]; [Act No. 14 of 2009]; [Act No. 34 of 2011]

6. Recognizance in money or money's worth

(1) Where, in relation to a serious offence, a Court has reasonable grounds, whether
by reason of the magnitude of the financial or other benefit arising from or related to
the commission of an offence or otherwise, to believe that a defendant or detainee
is likely to fail to surrender to custody or to appear before a Court as and when
required, he may order that a recognizance shall be in such amount as he
considers reasonable in the circumstances.

(2) An order made under subsection (1) may, on good cause shown, be discharged or
varied by a Court.

Amended by [Act No. 34 of 2011]

7. Other conditions for release on bail

(1) A Court may impose as a condition of release on bail that the defendant or
detainee resides at a specified address and notifies the Court immediately of any change
of address.

(2) A Court may impose such other conditions of a general or specific nature as it
thinks fit for the release on bail of a defendant or detainee, requiring him to do or not to do
any act, in order to secure that –

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 (a) he surrenders to custody or appears before a Court as and when required;
(b) he does not commit an offence while on bail;
(c) he does not interfere with witnesses or otherwise obstruct the course of
justice, whether in relation to himself or any other person;
(d) he makes himself available for the purpose of enabling inquiries or a report
to be made to assist the Court in dealing with him for the offence.

(3) Conditions imposed under subsection (2) may include –

(a) the reporting in person by the defendant or detainee at a specified time and place
or to a specified person or authority;
(b) restriction of the places to which the defendant or detainee may go;
(c) restriction of the movement of the defendant or detainee after 6 p.m.;
(d) the prohibition of, or control over, communication by the defendant or detainee with
witnesses for the prosecution or potential witnesses for the prosecution;
(e) the supervision of the defendant or detainee by a probation officer.

SECTION 4 NOT YET PROCLAIMED – Refer to [Proclamation No. 24 of 2011]

(4) (a) Subject to paragraph (c), a Court may, at the request of the prosecutor, order a
defendant or detainee, to whom paragraph (b) applies, to comply with a requirement imposed for
the purpose of securing the electronic monitoring of his compliance with any other requirement
imposed on him as a condition of bail.
(b) This paragraph applies to a defendant or detainee who –

(i) (A) is not resident in Mauritius; or

(B) is liable, on conviction for an offence with which he has been
charged, to penal servitude or to imprisonment for a term
exceeding 2 years; and

(ii) is a person whom a police officer not below the rank of Superintendent has
reasonable grounds to believe is likely to leave Mauritius.

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 (c) A Court shall not impose on a minor an electronic monitoring requirement, except
in such circumstances as may be prescribed.

(5) A Court before which a charge is pending in respect of which bail has been granted
may at any stage, whether the bail was
granted by that Court or any other Court, on application by any party, vary or add a
condition of bail.

(6) A recognisance entered into under this Act shall apply to any condition of bail
imposed by a Court under this section.

Amended by [Act No. 34 of 2011]

8. Qualifications of surety

(1) No person shall stand as a surety unless he is of age, swears an affidavit as to his
means and is, in the opinion of the Court, otherwise a suitable person.

(2) In considering the suitability of a proposed surety, the Court shall have regard to -

(a) his financial resources;

(b) his character and antecedents;

(c) whether he appears, or is reputed, to be a professional

surety;

(d) his proximity to or relationship with the person for whom he is to be surety;

(e) his readiness to comply with the obligations of a surety; and

(f) his age and the state of his health.

(3) A person may be examined on oath before he is accepted as a surety.

Amended by [Act No. 34 of 2011]

9. Discharge of surety

(1) A surety may apply to a Court to be discharged from his obligations as a surety.

(2) No surety shall be discharged from his obligations unless he –

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 (a) brings and surrenders before the court the person for whom he stood surety;
or

(b) explains to the satisfaction of the Court his inability to do so.

(3) Where a surety is discharged, the Court shall order that the person for whom he
stood surety shall be arrested, and shall be remanded in custody unless -

(a) the Court is satisfied that the discharge was not due to any act of the person
arrested that would warrant his not being released on bail; and

(b) the person arrested agrees to any condition which the Court may think fit to
impose for his release on bail.

Amended by [Act No. 34 of 2011]

10. Estreatment of recognizance

(1) Where a recognizance referred to in section 6 has been taken for the appearance
of a person and that person does not surrender to custody or appear before a Court
as and when required, the Court shall order the recognizance to be estreated,
unless the Court is satisfied that there are reasonable grounds explaining his failure
to surrender to custody or to appear before Court in which case the Court may on
the day of such failure or the following day, reinstate the recognizance if already
estreated.

(2) Where a recognizance has been estreated pursuant to subsection (1), the amount
of the recognizance shall, even if it exceeds the jurisdiction of the court, be
recoverable from the person who entered into the recognizance or from any surety
in the same manner as if it were a fine lawfully imposed by the Court.

(3) (a) The Attorney-General may, on good cause shown, remit in whole
or in part the amount of an estreated recognizance.

(b) Where the Attorney-General has received a petition for the remission of an
estreated recognizance, he may require the Court to stay the recovery of
any amount due thereon for a period which shall not exceed 3 months.

11. Termination of recognizance

Subject to section 9, where a person has been released on bail, any recognizance entered
into by him or by a surety shall lapse where the person-

(a) is convicted or acquitted of an offence arising from the facts in

respect of which he was arrested or detained; or

(b) is sooner discharged by an order of the Court.

PART IV - RELEASE ON PAROLE

12. Release on parole – (Amended by [Act No. 34 of 2011])

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 (1) Where a detainee arrested in respect of an offence cannot practicably be brought
before a Magistrate, he shall be released on parole unless a police officer not below
the rank of Assistant Superintendent certifies in writing that he has reasonable
grounds for believing that the detainee, if released, is likely to fail to comply with
subsection (2), to tamper withevidence, to interfere with witnesses, to commit
another offence or to put his own security at risk.

(2 Where a detainee is released pursuant to subsection (1) he shall surrender to the

custody of the police, at the police station where he was detained, on the first
working day after his release.

(3) A detainee who fails to comply with subsection (2) may be arrested without a
warrant.

Amended by [Act No. 34 of 2011]

PART V. PROHIBITION AGAINST DEPARTURE

13. Interim restriction on departure

(1) Where a police officer not below the rank of Assistant Superintendent certifies in
writing that a defendant or a detainee should be prevented from leaving Mauritius,
he may require the Immigration Officer to prohibit the departure of that person, and
the Immigration Officer shall take all necessary steps to comply with the request.

(2) Any restriction imposed pursuant to subsection (1) shall, unless otherwise ordered
by a Court, lapse 72 hours after it has been notified to the defendant or detainee.

Amended by [Act No. 11 of 2002]; [Act No. 34 of 2011]

14. Prohibition order

(1) A Court may, upon application made by the Commissioner of Police and being
satisfied that an order should be made preventing defendant or detainee from
leaving Mauritius, make an order to that effect.
(2) An order made under subsection (1) shall-

(a) remain in force until the disposal of the charge against the defendant or
detainee;

(b) be inserted in the record of the court before which the defendant is charged
or the detainee is brought.

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 (3) The clerk of the court specified in subsection (2)(b) shall immediately after an order
is made under this section, inform the Immigration Officer in writing.

Repealed and Replaced by [Act No. 11 of 2002]

15. Repealed by [Act No. 11 of 2002]

16. Variation of order

(1) A person against whom an order has been made under section 14 may apply to the
court before which his case is pending for a variation of the order.

Repealed and Replaced by [Act No. 11 of 2002]

(2) Where an application is made under subsection (1), the Court may vary the order if
it is satisfied that it is necessary to do so -

(a) to avoid loss or prejudice to the applicant;

(b) to avoid damage or loss to the applicant's property;

(c) because of the health of the applicant or his next of kin; or

(d) in such other cases as the Court thinks fit.

Amended by [Act No. 11 of 2002]

(3) Where a court makes a variation order under subsection (2), the court may–

(a) on being satisfied that there are sufficient reasons for so doing, allow the
applicant multiple departures from, and returns to, the country within a
period specified by the court;

(b) impose on the applicant such other terms and conditions as it

deems fit.

Added by [Act No. 11 of 2002]

PART VI - BAIL AND REMAND COURT

17. Interpretation of Parts VI and VII

In this Part and in Part VII -

"Court" means the Bail and Remand Court established under section 18.

18. Establishment of Court

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 (1) There shall be a Bail and Remand Court which shall be a court of record and have
an official seal.

(2) The Chief Justice shall assign one or more Magistrates to exercise jurisdiction in
the Court.

(3) The Master and Registrar shall post to the Court such number of Court officers,
ushers and other public officers as may be required for the proper discharge of the
Court's functions.

19. Jurisdiction of Court

Notwithstanding any other enactment, the question whether a defendant or a detainee shall
be released on bail or remanded in custody shall, except where the question arises in the
course of proceedings before another court or it is otherwise impractical to do so, lie within
the exclusive jurisdiction of the Court.

PART VII - LIVE VIDEO AND TELEVISION LINK

20. Live video and television link

(1) Notwithstanding any other enactment, the Court may, in its discretion, order a defendant
or a detainee who is in custody to appear before it, through such live video or live
television link system as may be approved in writing for the purpose of any proceedings
by the Chief justice in relation to -

(a) an application for his release on bail; or

(b) an extension of his remand in custody.

(2) The Court may, where an order is made under subsection (1),
determine -

(a) who may or may not be present at the place where the defendant or the
detainee is appearing;

(b) who, in the Courtroom, shall or shall not be able to be heard, or seen and
heard, by the defendant or the detainee;

(c) who, in the Courtroom, shall or shall not be able to hear, or

to see and hear, the defendant or the detainee.

(3) The Court shall, in making an order under subsection (1) and while conducting any
proceedings referred to therein, comply with its duty to ensure that there is a fair
hearing in the matter.

PART VIII - MISCELLANEOUS

21. Agreement to indemnify surety

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 (1) Where a person agrees with another to indemnify that other person against any
liability which he may incur as a surety, he and that other person shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and
to imprisonment for a term not exceeding 2 years.

(2) An offence under subsection (1) shall be committed

(a) whether the agreement is made before or after the person to be indemnified
becomes a surety;

(b) whether or not he becomes a surety; and

(c) whether or not the agreement contemplates a compensation in money or

money's worth.

22. Other offences

Any person who-

(a) having been released on bail-

(i) fails to surrender to custody or to appear before a Court as and when

required;

(ii) commits an offence other than an offence punishable only by a fine;

(iii) interferes with a witness, tampers with evidence or otherwise obstructs the
course of justice, in relation to him or to any other person; or

(iv) breaches any other condition imposed on him for his release on
bail;

(b) having stood as surety, fails to take all reasonable steps to ensure that the person
for whom he stood surety-

(i) surrenders to custody;

(ii) appears before a Court as and when required; or

(iii) complies with any other condition imposed for his release on
bail;

(c) leaves Mauritius in breach of an order made under Part V;

(d) contravenes this Act in any other manner,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000
rupees and to imprisonment for a term not exceeding 5 years.

Amended by [Act No. 34 of 2011]

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23. Repeal – (SPENT AS PER RL 2007 - LEXIS-NEXIS)

The Bail Act 1989 is repealed.

23. Liability to arrest for breaking conditions of bail

(1) Where a person who has been released on bail and is under a duty to surrender
into the custody of a Court fails to surrender
to custody at the time appointed for him to do so, the Court may issue a warrant for his arrest.

(2) Where a person who has been released on bail absents himself from the Court
without leave at any time after he has
surrendered into the custody of the Court, and before the Court is ready to begin or resume the
hearing of the proceedings, the Court
may issue a warrant for his arrest.

(3) A person who has been released on bail and is under a duty to surrender into the
custody of a Court may be arrested without
warrant by a police officer in a case where the person was released on bail with one or more
surety or sureties, where a surety notifies the
Police in writing that the person is unlikely to surrender to custody and that, for that reason, the
surety wishes to be relieved of his
obligations as a surety.

(4) A person arrested pursuant to subsection (3) shall be brought as soon as

reasonably practicable before the Court which
released him on bail.
(5) Where a person is arrested pursuant to this section, the Court shall determine
whether to release him on bail subject to the
same or different conditions or to remand him in custody.
Amended by [Act No.34 of 2011]

24. Consequential amendments

(1) The Criminal Procedure Act is amended -

(a) in section 50, by deleting the words “in order that that person may be bound
to Her Majesty, with 2 sureties in such sum as may be specified in the

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 warrant on condition that he appears before the Court at the time mentioned
in the warrant, and answers to the informations”;

(b) repealing sections 51 and 53.

(2) The District and Intermediate Courts (Criminal Jurisdiction) Act is amended by
repealing sections 55, 91 and 113.

25. Rules

(1) The Chief Justice may, for the purposes of this Act, make such rules
as he thinks fit.

(2) Any rules made under subsection (1) may provide for the payment of fees or the
levying of charges.

------------------------------------------------

SCHEDULE
(section 5(4))

REPUBLIC OF MAURITIUS
Cause No:

RECOGNIZANCE FOR THE APPEARANCE OF A PARTY CHARGED TO STAND TRIAL

IN THE DISTRICT COURT

OF .......................................................................... ......................................................
.................... acknowledges himself to be indebted to the State in the sum of Rs .......
................................................................................................. upon condition that the
said .......................
................................................ do personally appear before the District Court of .............. on
the ..... ................... at 09.30 a.m. and on any other date/s to be thereafter fixed and any other
Court/s of the Island until the final disposal of the case there and then to answer a charge of
having on the .......... day of ............................ committed the offence of.................................. and
do not depart the Court without leave, then this recognizance shall be null and void, otherwise to
remain in full force.

SIGNATURES OR MARKS OF PRINCIPAL AND SURETY

Principal ............................................................
Surety (if any) .....................................................
Surety (if any) .................................................

TAKEN and ACKNOWLEDGED after due interpretation at the District Court of ............................
this ......................... , day of ............................

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Interpreted by me Before me
Court Officer

Magistrate

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