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THE BAIL ACT (PART III - CONDITIONS FOR RELEASE ON BAIL (Other conditions…

- - - - (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 specified in paragraph (a) and his compliance with any other condition imposed for his release on bail.
    - - (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.
  - - - (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
    - - (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.
    - - (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.
      - (c) A Court shall not impose on a minor an electronic monitoring requirement, except in such circumstances as may be prescribed.
  - - - (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.
      - (a) his financial resources;
  - - - (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.
    - - (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.
  - - - (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.
  - - - (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.
- - - - (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.
  - - - (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.
  - - - (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 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.
- - - - (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.
  - - - (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.
    - - (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.
- - - - (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 -
        
        (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).
    - - (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
      - (d) the nature of the evidence available with regard to the offence with which the defendant is charged.
    - - (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.
- - - - (a) an application for his release on bail; or
      - (b) an extension of his remand in custody.
    - - (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.