Draft of the Police and Criminal Justice Bill: A Comprehensive Overhaul of Police Powers and Criminal Justice

The draft of the Police and Criminal Justice Bill aims to unify police and judicial procedures under a single law while reinforcing constitutional protections for human rights. It even proposes the abolition of the controversial provisional charge.

Recently, the Solicitor-General sent the latest version of the Police and Criminal Justice Bill 2025 to Police Commissioner Rampersad Sooroojbally, following instructions from Attorney-General Gavin Glover, for comments. The draft, of which the Défi Media Group has obtained a copy, is circulating within a small circle.

This bill, deemed a priority for introduction to the National Assembly, consists of 164 pages. Structured into five main parts – Preliminary, Steps During Investigation, Arrest and Detention, Evidence, and Disclosure – it consolidates provisions scattered across various existing acts, with exceptions for bail, piracy, and terrorism. Here are the key changes introduced.

In his explanatory memorandum, Gavin Glover explains that among the objectives are new rules concerning arrest, search, seizure, detention, and interrogation powers of suspects. He also proposes the abolition of the provisional charge, setting a time limit for the detention of individuals awaiting trial, and introducing better provisions for the presentation of evidence in criminal proceedings. All of this aims to "better guarantee the human rights and fundamental freedoms of citizens as provided by the Constitution of Mauritius."

The bill also stipulates that a person cannot be arrested solely on the basis of a third-party allegation without an investigation being conducted, unless there is admissible evidence that an offense has been committed. The court will also have the general statutory power to exclude unfair evidence.

Key changes include:

Abolition of the Provisional Charge: The bill abolishes the outdated concept of "provisional information or charge," which allowed prolonged detention without formal charges, often leading to arbitrary actions. Now, any detention must be justified by prior investigation and admissible evidence, prohibiting arrests based solely on third-party allegations without verification.
Strict Limitation on Detention Awaiting Trial: A time limit is now imposed on the detention of individuals awaiting trial, replacing previous indefinite durations. This protects against arbitrary detentions, requiring regular assessments and guidelines from the Director of Public Prosecutions for any extensions.
General Court Power to Exclude Unfair Evidence: Courts will have a general statutory power to exclude any evidence obtained unfairly, including audiovisual recordings. This extends exclusions to evidence arising from abuses during investigations, enhancing trial fairness and preventing procedural violations from tainting judgments.
Notification Obligation for Alibi Defense: When the defense invokes an alibi, prior notification to the prosecution is required, under penalty of exclusion of evidence. This structures the introduction of evidence, obliging parties to anticipate opposing arguments, thus speeding up proceedings.
Strengthening Rights of Victims and Witnesses: A dedicated chapter introduces protective measures for victims and witnesses, including specific treatment during hearings, psychological support, and guarantees against intimidation.
Erasure of Certain Minor Convictions: Statutory credit is granted to defendants who acknowledge their guilt, encouraging guilty pleas and alleviating the burden on crowded courts. The concept of spent convictions allows the erasure of certain minor convictions after a delay, facilitating social reintegration.
Mandatory Evidence Disclosure Regime: A primary and ongoing disclosure regime is established, requiring the Director of Public Prosecutions to provide the defense with case materials within 28 days of charges, subject to penalties for unjustified delays.
Unification of Police Investigation Powers: This part consolidates stop, entry, search, seizure, and arrest powers, unifying previously dispersed rules.
Enhanced Protections for Vulnerable Detainees: The treatment of detainees, including intimate searches and rights for minors, is framed to safeguard their welfare. Legal assistance is mandatory and interrogations must be audio-visually recorded to prevent manipulation.
Provisions to Protect Journalistic Sources: The draft introduces measures to protect journalistic materials during police investigations, classifying them as "excluded material" to safeguard source confidentiality and press freedom.

These provisions aim for a more proportionate justice system, where accountability takes precedence over systematic punishment while maintaining sanctions for serious offenses.