Police and Criminal Justice Bill: Towards the End of Provisional Charges and Better Protection of Rights

The government is preparing to implement a comprehensive reform of the police and judicial system. The Police and Criminal Justice Bill, a copy of which has been obtained by Défi Média Group, proposes a thorough overhaul of police powers and criminal justice. This 164-page bill aims to unify policing and judicial procedures under a single legal framework while strengthening constitutional guarantees regarding human rights.

Among the most notable changes is the abolition of provisional charges and enhanced protection for press freedom.

Currently in draft form, the text seeks to end the practice of provisional charges, which has been criticized for allowing prolonged detentions without formal charges. From now on, any arrest must be based on an investigation and tangible evidence. The bill also introduces a maximum duration for pre-trial detention and grants courts the power to dismiss any evidence obtained in an abusive or unjust manner.

Vulnerable individuals—including minors and persons with disabilities—will receive strengthened guarantees during interrogations. The text also provides better regulation of victims' and witnesses' rights, including psychological support, the option to testify remotely, and increased protection against pressure.

Another significant advancement is that journalistic material, defined as "obtained or created for journalistic purposes," will now be classified as excluded material. No seizures can be made without the authorization of a magistrate. The clear objective is to protect source confidentiality and ensure freedom of information.

Ambitious, the Police and Criminal Justice Bill aims to modernize Mauritian justice, restore public trust in institutions, and adapt the legal framework to the requirements of a modern rule of law.