PROVISIONAL CHARGE, ARREST AND CUSTODY IN MAURITIUS

Only in Mauritius the term "Provisional Charge" is being used. For the sake of this article, we will begin with an outline of the arrest process in Mauritius. No one may be deprived of their liberty in Mauritius unless under particular conditions that are authorised by law, according to Section 5 of the country's Constitution. In Mauritius, an arrest is only made if there is a good basis to believe the suspect is guilty. The next stage is detention by police personnel who conduct additional investigation via interrogation when a person is arrested. Despite this, it is worth pointing out that police officers are part of the government's executive branch. The Director of Public Prosecution (DPP) v Indian Ocean International Bank [1989] MR 110 affirms that the Provisional Charge system has been adopted because imprisonment cannot be placed completely in the hands of law enforcement agents.