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July 2019
Republic of Mauritius
ANNUAL REPORT
OF
THE JUDICIARY
2018
ANNUAL REPORT
OF
THE JUDICIARY
2018
i
JUDGES OF THE SUPREME COURT
Year 2018
CHIEF JUSTICE
Honourable Kheshoe Parsad MATADEEN
SENIOR PUISNE JUDGE
Honourable Marc France Eddy BALANCY
PUISNE JUDGES
1. Honourable Asraf Ally CAUNHYE
2. Honourable Hima Nalini MATADEEN
3. Honourable Joseph Gérard ANGOH
4. Honourable Bibi Rehana MUNGLY-GULBUL
5. Honourable Nirmala DEVAT
6. Honourable David CHAN KAN CHEONG
7. Honourable Rita TEELOCK
8. Honourable Prithviraj FEKNA
9. Honourable J Benjamin G MARIE JOSEPH
10. Honourable Oomeshwarnath BENY MADHUB
11. Honourable Aruna Devi NARAIN
12. Honourable Mohammad Iqbal MAGHOOA
13. Honourable Gaitree JUGESSUR-MANNA
14. Honourable Nicholas François OHSAN-BELLEPEAU
15. Honourable Veronique KWOK YIN SIONG YEN
16. Honourable Shameen Banon Ayyub Hamuth LAULLOO
17. Honourable Karuna Devi GUNESH-BALAGHEE
18. Honourable Patrick Michel Tat Kong KAM SING
ii
Administrative
& Technical
Officers
The Supreme Court Organisation Chart
Judicial Officers
Chief Justice
Master & Registrar
Puisne Judges
Senior Puisne Judge
Deputy Master & Registrar
Secretary to the Chief Justice
Chief
Court Usher
Court
Ushers’
Office
Senior
Court
Officer
Legal Aid
Unit
Manager
Human
Resources
Human
Resource
Unit
Manager
Financial
Operations
Finance
Unit
Senior
System
Analyst
Information
Services
Section
Senior Law
Librarian
Library
Statistician
Statistics
Unit
Senior
Registrar/
Regional Court
Administrator
Registry
Senior
Transcriber
Transcription
Unit
Chief Registrar Deputy Chief Registrar
Senior
Registrar/
Regional Court
Administrator
Internal Control
Unit
Chief Court
Officer/Court
Manager
Master’s
Office
Chief Court
Officer/Court
Manager
Commercial
Division
Chief Court
Officer/Court
Manager
Family
Division
Chief Court
Officer/Court
Manager
Secretary to
Judges’ Office
Principal Court
Officer
Mediation
Division
Page
The Judiciary 1 - 9
Supreme Court 10 & 11
1.1 - All cases at the Supreme Court, 2015 - 2018 12
1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2015 - 2018 13
1.3 - Offences disposed of by type of offence at the Criminal Division of the
Supreme Court (Assizes), 2015 - 201813
1.3a - Offences disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2015 - 2018 14
1.4 - Appellate Jurisdiction at the Supreme Court, 2015 - 2018 15
1.5 - Civil cases at the Supreme Court, 2015 - 2018 16
1.6 - Divorce cases, Republic of Mauritius, 2015 - 2018 18
1.7 - Divorces/Judicial separations pronounced by number of children involved in
the marriage, Republic of Mauritius, 2015 - 201819
1.8 - Divorces pronounced by petitioning parties and grounds, Republic of
Mauritius, 2015 - 201819
1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 2015 - 201820
1.10 - Civil cases at the Mediation Division of the Supreme Court, 2015 - 2018 21
1.11 - Time to disposition of cases at the Supreme Court, 2018 21
Intermediate Court 22
2.1 - Civil and criminal cases at the Intermediate Court, 2015 - 2018 22
Industrial Court 23
3.1 - Civil and criminal cases at the Industrial Court, 2015 - 2018 23
Bail & Remand Court and Weekend Court 24
4.1 - Cases at the Bail & Remand Court (BRC), 2015 - 2018 24
5.1 - Cases at the Weekend Court, 2015 - 2018 24
District Courts 25
6.1 - Civil and criminal cases at the District Courts, 2015 - 2018 26
6.2 - Criminal cases at the District Courts, 2015 - 2018 27
6.3 - Civil cases at the District Courts, 2015 - 2018 28
HIGHLIGHTS & TABLES
C O N T E N T S
6.4 - Cases postponed on the day of trial at the District Courts, 2018 29
6.5 - Plaint with summons (civil) cases at the District Courts, 2015 - 2018 30
6.6 - Small Claim Procedure at the District Courts, 2015 - 2018 30
6.7 - State debts cases at the District Courts, 2015 - 2018 31
6.8 - Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2015 - 201831
6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the
District Courts, 2017 & 201832
6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at
the District Courts, by spouse/partner and other persons living under the same
roof, 2017 & 2018
33
6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at
the District Courts, by spouse/partner and other persons living under the same
roof and by sex, 2018
33
6.12 - Protection Orders (spouse/partner) under the Protection from Domestic
Violence Act 1997 at the District Courts, by age-group & sex, 201834
Cases (civil and criminal) in the Republic of Mauritius 36
7.1 - Total cases, Republic of Mauritius, 2015 - 2018 37
7.2 - Total criminal cases, Republic of Mauritius, 2015 - 2018 38
7.3 - Total civil cases, Republic of Mauritius, 2015 - 2018 39
Crime Statistics 41
8.1 - Criminal offences disposed of according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2017 & 201842-43
8.2 - Criminal offences disposed of by courts and outcome of judgment,
Republic of Mauritius, 2017 & 201844
8.3 - Convicted offences according to United Nations classification of offences,
Republic of Mauritius, 2017 & 201846-51
8.4 - Convicted offences by court and according to United Nations classification of
offences (broad categories), Republic of Mauritius, 201852-54
8.5 - Drug offences convicted by type, Republic of Mauritius, 2015 - 2018 55
8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,
2017 & 201856
The Legal Aid Unit and Revenue and Expenditure of the Judiciary 57
9.1 - Legal aid assistance - applications received, services granted and amount paid -
Republic of Mauritius, 2015 - 2018
58
10.1 - Revenue collected from courts, Republic of Mauritius, January to June 2015,
2015/2016, 2016/2017 & 2017/2018
58
10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to June 2015,
2015/2016, 2016/2017 & 2017/2018
58
Staff of the Judiciary and court rooms
11.1 - Staff of the Judiciary, Republic of Mauritius, 2017 & 2018 59
11.2 - Court rooms by type of court, Republic of Mauritius, 2015 - 2018 60
11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2015 - 201860
12.1 - Courses and training carried out by the Institute for Judicial and Legal Studies
(IJLS), 2017 & 201861
12.2 - Staff of the Institute for Judiciary and Legal Studies, Republic of Mauritius,
2017 & 201861
1.5a - Cases lodged at the Supreme Court, 2017 & 2018 17
1.5b - Cases disposed of at the Supreme Court, 2017 & 2018 17
1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 201820
District Courts
6.1a - Civil and criminal cases lodged, disposed of and outstanding at the
District Courts, Republic of Mauritius, 2017 & 201835
6.1b - Civil and criminal cases disposed of by District Courts, 2017 & 2018 35
Cases (civil and criminal) in the Republic of Mauritius
7.1 - Total cases lodged, disposed of and outstanding, Republic of Mauritius,
2017 & 201840
7.2 - Total criminal cases lodged, disposed of and outstanding,
Republic of Mauritius, 2017 & 201840
7.3 - Total civil cases lodged, disposed of and outstanding, Republic of Mauritius,
2017 & 201840
Crime Statistics
8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2018 44
I - Supreme Court Library and Information Service
II - Glossary of terms
A N N E X E S
Private Legal Practitioners
FIGURES
Supreme Court
THE JUDICIARY
1.1 INTRODUCTION
The Judiciary is one of the three pillars of our sovereign democratic State. By virtue of the
Constitution, the Judiciary is vested with the power to administer justice in the Republic of
Mauritius. In line with the Constitution which makes provision for an independent Judiciary
based on the concept of separation of powers, the Judiciary of Mauritius is independent of the
other two organs of the State - the Executive and the Legislature.
The independence of our Judiciary, apart from being vital for the functioning of our
democratic system of government, empowers our Courts to uphold the Rule of Law and to
act as guardian of the Fundamental Rights entrenched in our Constitution and to ensure and
enforce good governance. The Chief Justice is the Head of the Judiciary.
1.2 VISION & MISSION STATEMENTS OF THE JUDICIARY
Vision Statement - To develop a justice system which is recognized as a national and
international model of excellence
Mission Statement - To maintain an impartial and efficient justice system that
upholds the Rule of Law and provides modern, easy and fast access to justice to all.
1.3 STRATEGIC DIRECTION, MAIN ACHIEVEMENTS, KEY ACTIONS AND
HUMAN RESOURCE ALLOCATION
1.3.1 Strategic Direction
Introduce legislation to set up a separate Court of Appeal and a separate High Court Division
of the Supreme Court to improve public perception of independence and objectivity in
dispensing justice and to streamline appeal cases.
Set up a state-of-the-art Building for the Supreme Court and all its divisions. The new
Supreme Court building is under construction and will be completed by the end of the year
2019.
Focus on the maintenance and upgrading of all District Court premises to ensure better
services to all stakeholders.
Reinforce special witness schemes.
Promote Continuous Professional Development for all Court Personnel at the Institute for
Judicial and Legal Studies (IJLS).
1.3.2 Main Achievements for 2017/18
(i) 28 cases were received at the Mediation Division of the Supreme Court for year
2018. Out of 39 cases (28 received in 2018 and 11 pending at the beginning of
2018) 7 were referred back to Court, 19 were recorded agreements and 11 cases
were purely and simply struck out/set aside.
The number of outstanding cases at the end of 2018 dropped to 2 from 11 for the same
period of 2017.
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(ii) Sponsoring of Diploma in Legal Studies and Court Administration for Court Officers’
Cadre who are following the said course (August 2017 – December 2018). New batch
will start in 2019.
(iii) Relocation of Pamplemousses and Riviere du Rempart District Courts is completed.
(iv) Renovation of New Court House in Port Louis is completed.
(v) Repairs and upgrading of District Courts of Moka, Mahebourg, Rose Hill and Flacq are
completed.
(vi) Recruitment of 18 Judicial Research Assistants to assist Judicial officers in legal
research works.
1.3.3 Key Actions for 2017/18
The Judiciary has a vision to be in-line with the government Vision 2030, so as to meet the
new challenges awaiting this Department in the near future.
(i) Revenue Collection and Case Management System – A modern Computerised Revenue
Collection System for proper control and monitoring of collection of revenue is being
set up thereby generating all outstanding arrears to be included in the half yearly return
of arrears of revenue. With the new system, data will be securely shared amongst all
Courts so that the general public can pay fines/fees at any Court in Mauritius. The
possibility to perform online payment is also being contemplated. Moreover, the
backend of the solution would provide officers of the Judiciary with new tools for
better control and access to case information resulting in better management of cases.
(ii) Revamping of Digital Court Recording System (DCRS) – The Digital Court Recording
System (DCRS) is in operation since 1999 at the Supreme Court, the Intermediate and
Industrial Courts for the recording of court proceedings. The Judiciary is currently
revamping the existing DCRS by extending such facilities to all Courts of Mauritius
which will contribute to improve the quality and accuracy of court records at all levels
and speeding up transmission of court files to Judges and Magistrate after hearings for
determination.
(iii) Promote Continuous Professional Development for all Court Personnel at the Institute
for Judicial and Legal Studies (IJLS).
(iv) Training on Case Management at Institute for Judicial and Legal Studies (IJLS) for
Court Managers.
(v) Sponsoring of Diploma in Legal Studies and Court Administration for officers of the
Court Officers’ Cadre.
(vi) Percentage of District Courts with upgraded DCRS: 100 %
1.3.4 Human Resource Allocation
The Judiciary has 729 funded positions for 2017/18.
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1.4 JUDICIAL SYSTEM
Mauritius has a single-structured judicial system consisting of two tiers - the Supreme Court
and subordinate courts. The Supreme Court sitting as Court of First Instance is composed of
various Divisions exercising jurisdiction such as the Master’s Court, the Family Division, the
Commercial Division, the Criminal Division, the Mediation Division and as an Appellate
jurisdiction (it hears and determines civil & criminal appeals from decisions of the
subordinate courts), and sits as the Court of Civil Appeal and the Court of Criminal Appeal
(to hear and determine appeals from decisions of the Supreme Court sitting in the exercise of
its original jurisdiction in civil and in criminal matters). Subordinate courts consist of the
Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court and
the Court of Rodrigues.
1.4.1 Judicial and Legal Service Commission (JLSC)
The JLSC established under the Constitution is chaired by the Honourable Chief Justice and
is responsible for the appointment and promotion of Judicial and Legal Officers, together
with the power to exercise disciplinary control over them.
1.5 SUPREME COURT
The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and nineteen
Puisne Judges. It is a superior Court of Record and has unlimited jurisdiction to hear and
determine any civil and criminal proceedings. It has a similar original jurisdiction as the High
Court of England and is vested with the necessary powers and authority to exercise its
jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction
over subordinate courts in order to ensure that justice is duly delivered. The Supreme Court
has the sole power to determine whether any provision of the Constitution has been
contravened, including the power to determine whether any law enacted by Parliament
contravenes any provision of the Constitution.
1.5.1 Disciplinary Powers
The Supreme Court has the power and jurisdiction to hear and determine any complaint of a
disciplinary nature in respect of professional conduct of a law practitioner or a ministerial
officer including a land surveyor.
1.5.2 Civil Jurisdiction of the Supreme Court as Court of first instance
The Supreme Court hears and determines:
i. any civil matter, although it will generally entertain and hear claims where the matter
in dispute is of a value which is more than Rs 2 million;
ii. divorce and matrimonial proceedings;
iii. petitions for insolvency and all matters of a commercial nature;
iv. admiralty matters and
v. claims for Constitutional relief
vi. Judicial Review of administrative decisions
Civil proceedings are normally heard and determined by a single Judge, unless otherwise
provided for under any written law or as may be decided by the Chief Justice, having regard
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to the interests at stake or to the importance or intricacy of the questions of fact or law to be
determined.
(a) The Family Division of the Supreme Court
The Family Division of the Supreme Court was set up administratively in January 2008. It
exercises jurisdiction in any matter under the Divorce and Judicial Separation Act or under
any other enactment which relates to alimony, maintenance or the custody or guardianship of
minors, other than a matter which is under an enactment within the exclusive jurisdiction of a
Magistrate. Two Puisne Judges, designated by the Chief Justice, are posted in the Family
Division.
(b) The Commercial Division of the Supreme Court
The Commercial Division of the Supreme Court was set up administratively in 2009. Two
Puisne Judges designated by the Chief Justice sit in that Division. It entertains, hears and
determines matters arising under the Insolvency Act 2009 and the Companies Act, disputes
relating to banking, bills of exchange, offshore business, patents and trademarks or passing
off, disputes between traders and related matters and generally deals with anything which is
of a commercial nature.
(c) Master’s Court
The Master’s Court is presided by the Master and Registrar and the Deputy Master &
Registrar. It exercises the jurisdiction conferred upon it by the ‘Code Civil Mauricien’ in
relation to successions and wills, the division of immovable property and by the Sale of
Immovable Property Act. The Master’s Court also deals with and rules upon all pre-trial
issues for civil cases lodged before the Supreme Court and “Juge de mise en état”
(d) The Mediation Division
One Puisne Judge is currently in post at the Mediation Division.
The Chief Justice may, upon the application of any party, refer a civil suit, action, cause or
matter pending before the Supreme Court to the Mediation Division.
The primary purpose of mediation is to dispose of civil suits, actions, causes or matters by
common agreement or to narrow down the issues in dispute.
1.5.3 The Criminal Division of the Supreme Court (Assizes)
The Supreme Court in the exercise of its criminal jurisdiction has the power to try any person
charged with having committed a crime or a misdemeanour.
Assizes and serious drug cases are heard on a daily basis at the Criminal Division of the
Supreme Court. Criminal trials are either held before a Presiding Judge and a jury consisting
of 9 persons who are qualified to serve as jurors or before a Presiding Judge without a jury.
Offences laid under the Criminal Code falling under the exclusive jurisdiction of the
Supreme Court are tried at the Criminal Division before a Presiding Judge and a jury. Section
10 of the Criminal Procedure Act provides for offences triable by Supreme Court without a
jury namely offences committed under an enactment specified in the Fifth Schedule of the
Criminal Procedure Act.
In the exercise of its criminal jurisdiction, the Supreme Court is empowered to inflict penal
servitude for life in cases of murder, or where the Court is satisfied that substantial and
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compelling circumstances exist which justify the imposition of a lesser sentence, a term not
exceeding 60 years.
1.5.4 Appellate jurisdiction of the Supreme Court
The Supreme Court has full power and jurisdiction to hear and determine all appeal cases,
whether civil or criminal, from the decision of:
i. a Judge in the exercise of his original jurisdiction;
ii. the Master’s Court;
iii. the Intermediate Court;
iv. the Industrial Court;
v. the District Courts,
vi. Bail and Remand Court; and
vii. any other Court or body established under any other enactment.
Appeals to the Supreme Court are heard before at least two Judges, except as otherwise
provided for in any other enactment.
1.5.5 Court of Civil Appeal
The Court of Civil Appeal is a Division of the Supreme Court. It hears and determines all
appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil
proceedings. It is constituted of two or three Judges, as the Chief Justice may decide. Where
the Chief Justice is absent or is for any reason unable to sit on the Court of Civil Appeal, the
Senior Puisne Judge, presides over the Court of Civil Appeal.
1.5.6 Court of Criminal Appeal
The Court of Criminal Appeal is a Division of the Supreme Court. It is constituted of three
Judges and has full power to hear and determine all appeals from the decisions of the
Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief
Justice and, in his absence, the Senior Puisne Judge, presides over the Court of Criminal
Appeal.
1.6 THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from
decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of
right in the following cases:
i. final decisions in any civil or criminal proceedings and on questions relating to the
interpretation of the Constitution;
ii. where the matter in dispute is of the value of Rs 10,000 or upwards or where the
appeal involves directly or indirectly a claim to or a question respecting property or a
right of the value of Rs 10,000 or upwards;
iii. final decisions in proceedings under section 17 of the Constitution for the
enforcement of protective provisions;
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iv. with leave of the Supreme Court, where in the opinion of the Court the question
involved in the appeal is one that by reason of its great general or public importance
or otherwise ought to be submitted to the Judicial Committee.
1.7 SUBORDINATE COURTS
1.7.1 Intermediate Court
The Intermediate Court is established under the Courts Act and has islandwide civil and
criminal jurisdiction, including Rodrigues. It consists of two Presidents, two Vice-Presidents
and any such number of Magistrates of the Intermediate Court established under the Civil
Establishment Act.
(a) Civil Jurisdiction of the Intermediate Court
The Intermediate Court has jurisdiction in all civil cases where the claim or matter dispute,
whether in balance of account or otherwise, does not exceed Rs 2,000,000. The Bench of the
Intermediate Court is constituted by one or more Magistrates, as may be decided by the
President.
(b) Criminal Jurisdiction
The Intermediate Court has jurisdiction to hear and determine serious criminal offences
referred to it by the Director of Public Prosecutions under specific sections of the Criminal
Code and any other offence that can be tried by the Intermediate Court under any other
enactment. It has power to inflict penal servitude on convicted offenders for a period not
exceeding fifteen years and imprisonment for a period not exceeding ten years. However, for
persistent offenders, the Intermediate Court may increase the sentence to twenty years’ penal
servitude. The Intermediate Court is also empowered to inflict a higher sentence for offences
under the Dangerous Drugs Act and certain specific offences, for example, rape and money
laundering offences.
1.7.2 Industrial Court
The Industrial Court consists of a President and a Vice-President. It is established under the
Industrial Court Act and has exclusive civil and criminal jurisdiction to try any matter arising
out of the Employment Rights Act, Employment and Training Act, Export Processing Zones
Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring
Benefits Act, Workmen’s Compensation Act and Health & Welfare legislations.
1.7.3 District Courts
There are ten District Courts on the Island of Mauritius and one in Rodrigues. District Courts
have jurisdiction to try and determine both civil and criminal cases as provided for by law.
Each District Court is presided by a District Magistrate and any such number of District
Magistrates as may be decided by the Chief Justice.
(a) Civil Jurisdiction of the District Court
The District Court has jurisdiction in all civil cases where the claim or matter in dispute does
not exceed Rs 250,000. Conversely, District Magistrates have exclusive jurisdiction in
landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.
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(b) Jurisdiction under the Protection from Domestic Violence Act 1997
By virtue of the Protection from Domestic Violence Act 1997, Court Officers are entrusted
with the duty of receiving and processing applications for an Order from an aggrieved spouse
and from persons living under the same roof, who may be victims of domestic violence.
District Magistrates are empowered to hear and determine such applications and to issue
Protection Orders where the Court is satisfied that there is a serious risk of harm to the
applicants. District Magistrates are also empowered to receive and determine applications
for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victims
of domestic violence the exclusive right to the use and occupation of the conjugal common
house.
(c) Small Claims Procedure
The Small Claims Procedure was introduced in 1999 to enable District Courts to adjudicate
on minor claims not exceeding Rs 100,000 in a summary and expeditious manner. Such
claims are lodged by the litigants themselves after filling in a prescribed form which is
served on the adverse parties. Both parties are convened before the Magistrate in Chambers
to resolve the dispute. In the event that there is no agreement between the parties, the matter
is set down for trial. It is to be noted that such cases are disposed of by conflict resolution
rather than through a trial process.
(d) Criminal Jurisdiction
District Courts have power and jurisdiction to hear and determine criminal cases punishable
by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000.
(e) Juvenile Court
District Magistrates also exercise jurisdiction as Magistrates of the Juvenile Court. The
Juvenile Court tries young persons suspected of having committed criminal offences. The
Juvenile Court also deals with children who are beyond parental control and/or who need
care and protection.
(f) Court of Rodrigues
The Court of Rodrigues is administered by a full-time Magistrate and a visiting Judge of the
Supreme Court.
(g) Other smaller islands forming part of the Republic of Mauritius
A visiting Magistrate also visits other smaller islands forming part of the Republic of
Mauritius whenever required.
1.7.4 Bail and Remand Court
The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as
subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to
remand or release of persons charged with an offence or arrested on reasonable suspicion of
having committed an offence. It also operates on weekends and public holidays to safeguard
the Constitutional rights of detainees.
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The BRC is presided over by a District Magistrate and is located at the New Court House in
Port Louis.
1.8 THE INSTITUTE FOR JUDICIAL AND LEGAL STUDIES (IJLS)
The Institute for Judicial and Legal Studies (IJLS) was in effect set up on 1st October 2011,
the date on which the IJLS Act was proclaimed. The objective of the IJLS is to devise,
organise and conduct Continuing Professional Development (CPD) Programmes (lectures/
workshops/ seminars) for law practitioners as well as courses for prospective judicial and
legal officers and law practitioners who qualified as such in a state other than Mauritius to
promote proficiency and ensure the maintenance of standards in the Judiciary, among law
practitioners and legal officers, and generally in the delivery of Court services, inter alia.
As a complementary enactment, the Law Practitioners (Amendment) Act 2011 makes
provision for the Institute to devise and organise CPD Programmes for each of the three
branches of the legal profession with a view to broadening the knowledge of law
practitioners and legal officers, to keep them abreast of developments in the law, and to
encourage them to share experiences and enhance their professional skills.
The IJLS is also active in organizing judges and magistrates’ retreats and training in
judgecraft and other relevant topics. The magistrates have also regularly been present for
selected law lectures which fall in the purview of their domain. In addition, the IJLS has also
delivered training for the personnel of the Judiciary, the court managers and court ushers.
Some training has also been given to the police and to legal officers in banks and other
corporates.
Moreover, the IJLS also runs an Inductive Course for the Prospective Barristers bi-annually
and a DU in Mauritian Civil Law every 2 years in collaboration with Universite de la
Reunion. It also holds an IJLS Pupils’ Moot Competition and a colloque on French law
aspect of Mauritian law annually. IJLS is also involved in research and publication and has
launched its own IJLS Law Journal online with the objective to be an interface between the
Judiciary and the legal profession and contribute to Mauritian jurisprudence
1.9 THE RULES COMMITTEE
The Rules Committee was set up in August 2001 to advise and make recommendations to the
Chief Justice in respect of rules to be made under section 198 of the Courts Act. The Rules
Committee consists of a Judge (Chairperson of the Committee) appointed by the Chief
Justice, the Master and Registrar or his representative, a representative of the Bar Council, a
representative of the Law Society, a representative of the Attorney-General’s Office and two
other law practitioners appointed by the Chief Justice.
1.10 REFORM
E-judiciary
The Judiciary has, since April 2010, embarked on the development and implementation of an
electronic filing of cases and an electronic case management system.
The programme has materialized with the help of Investment Climate Facility for Africa
(ICF) which provided a grant of 75% of the project costs, the balance being funded by the
9
Government of Mauritius. Mauritius Network Services Ltd has been awarded the contract to
develop and implement the software with the assistance of its foreign partner, Crimson Logic
of Singapore.
Revamping of E-judiciary
Implementation is in progress and will be operational by June 2019
Phase I
Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil
cases) and before the Judge in Chambers. The launching of the first phase on a pilot basis
took place in April 2013 at the Commercial Division of the Supreme Court. The system will
be extended to other divisions of the Supreme Court (except for the Family and the Criminal
Divisions). The e-judiciary will be implemented in these Divisions and in all subordinate
courts during Phase II of the modernization of the Judiciary.
1.11 PROJECTS
Revenue Collection and Case Management System
Phase I comprising deployment of cashier points of sales (POS), processing of arrears and
respective reports including on-line payment of Court fines is fully operational (live) since
March 2019.
Phase II comprising of case management system will be available by October 2019.
Revamping of Digital Court Recording System (DCRS)
The Digital Court Recording System (DCRS) is in operation since 1999 at the Supreme
Court and the Intermediate and Industrial Courts for the recording of court proceedings. The
Judiciary is currently revamping the existing DCRS by extending such facilities to all Courts
of Mauritius which will contribute to improve the quality and accuracy of court records at all
levels and speeding up transmission of court files to Judges and Magistrate after hearings for
determination.
Video Conferencing System (VCS)
The Bail and Remand Court (BRC) at New Court House Port Louis has a video conferencing
System (VCS) which is in operation since 1999 and enables most accused persons on remand
and witnesses, particular the “vulnerable” ones to be heard without the need to be physically
present in the courtroom. The VCS obviates the need to incur time and expense of
transporting accused persons to the Court and the associated risks thereto.
In order to function properly the VCS has been upgraded recently to support IP network. This
has cut down the operating costs by communicating with the Remand Prisons through IP,
using the Government Intranet System (GINS) and provide for a more secure communication
between the Prisons and the BRC.
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2. SUPREME COURT
2.1 All cases
The total number of cases lodged (excluding appeal cases) at the Supreme Court increased by
1.2% from 9,263 in 2017 to 9,373 in 2018 (Table 1.1).
Similarly, the total number of cases disposed of (excluding appeal cases) at the Supreme
Court increased by 16.5% from 8,978 in 2017 to 10,455 in 2018.
A physical count of the total number of outstanding cases (excluding appeal cases) showed
that 8,434 cases were not yet disposed of at the end of the year 2018, representing a fall of
11.4% over the figure of 9,515 in 2017 (Table 1.1).
2.2 The Criminal Division of the Supreme Court (Assizes)
The number of criminal offences, convicted at the Criminal Division of the Supreme Court
(Assizes), fell from 26 in 2017 to 21 in 2018 with decreases in custodial sentence for
manslaughter from 10 to 8 and “wounds and blows causing death” from 2 to 1 whilst murder
remained at 4 for the same period. The number of convictions for drug offences fell from 9 in
2017 to 8 in 2018 (Table 1.3a).
2.3 Appellate Jurisdiction
In 2018, some 347 appeal cases (214 civil and 133 criminal) were lodged at the Supreme
Court with a fall of 7.2% over the 2017 figure of 374. About 30% of the 221 civil appeals
were from lower Courts. On the contrary, most (97.7%) of 133 criminal appeal cases lodged
were from the lower Courts and the remaining 3 cases from the Court of Criminal Appeals.
The total number of cases disposed of at the Appellate Jurisdiction more than doubled from
287 in 2017 to 577 in 2018 due to rises in civil cases from 155 to 355 and in criminal cases
from 132 to 222.
At the end of year 2018, some 437 cases (292 civil and 145 criminal) were physically
counted, down by 34.5% against 667 in 2017 (Table 1.4).
2.4 Family Division
The total number of divorce petitions lodged for the Republic of Mauritius increased by 6.3%
from 2,617 in 2017 to 2,783 in 2018. This was due to rises of 5.8% for Mauritius and 19.4%
for Rodrigues (Table 1.6).
Following the same trend, the number of divorce petitions disposed of also increased by
19.6% from 2,364 in 2017 to 2,827 in 2018. About 85.8% of the 2,827 divorce cases disposed
of resulted in ‘divorce pronounced’ (Table 1.6).
In 2018, 44.3% of the petitioners were females compared to 26.5% of males; 66.7% were
married for 14 years or less; 29.2% of divorces were pronounced on mutual consent from both
parties and 66.1% had only one or no child from the marriage (Tables 1.7 to 1.9).
11
A physical count of the total number of cases outstanding was 2,078 at the end of year 2018, a
fall of 2.1% over the 2017 figure of 2,122.
2.5 Mediation Division
The number of civil cases received at the Mediation Division of the Supreme Court decreased
by 9.7% from 31 in 2017 to 28 in 2018. Out of 39 cases (28 received in 2018 and 11 pending
at the beginning of 2018), 48.7% were recorded agreements, 28.2% were purely and simply
struck out/set aside cases, 18.0% were referred back to court and 5.1% were outstanding at the
end of year 2018.
The number of outstanding cases, at the end of 2018, dropped to 2 from 11 for the same
period in 2017 (Table 1.10).
2.6 Time to disposition of cases
In 2018, it is noted that 64.3% (909) of cases were disposed of within three months at the
Commercial Court compared to 15.5% (623) at Family Division and 19.8% (580) at the Registry
Le Greffe of the Supreme Court. Out of the 580 cases disposed of at the Registry Le Greffe,
most (96.4%) were from Civil Proceedings (Table 1.11).
The percentage of the disposals of cases for trial adjudication were 77.4% (2,268) at the Registry
Le Greffe, 75.0% (3,019) at the Family Division and 40.5% (573) at the Commercial Division.
Table 1.1 - All cases at the Supreme Court, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Appeal cases 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437
Civil 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292
Criminal 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145
Other cases 8,055 8,108 9,231 9,516 9,091 9,810 9,263 9,373 9,381 8,752 8,978 10,455 7,765 9,166 9,516 8,434
Civil 8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402
Criminal 36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32
Total 8,594 8,650 9,811 10,183 9,394 10,155 9,637 9,720 9,681 9,059 9,265 11,032 8,307 9,746 10,183 8,871
Cases pending at the beginning of
the yearCases lodged Cases disposed of
Cases outstanding at the end of
the year
12
Table 1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32
28 20 19 19 18 11 18 9 26 12 18 13 20 19 19 15
8 15 10 12 17 9 10 10 10 14 8 5 15 10 12 17
Murder
Manslaughter
Heroin
Importation
Dealing
Possession
Other
Cannabis/gandia
Importation
Possession
Cultivation
Other drugs2
Total
1A case may comprise one or more offences
2Other drugs include importation/trafficking/possession of other drugs (e.g hashish, subutex, buprenorphine, etc.)
* Not collected separately prior to 2016
0 for Nil
Cases pending at the
beginning of the yearCases lodged Cases disposed of
Cases outstanding at the
end of the year
Criminal Division
Trial by Jury
Trial without Jury
Table 1.3 - Offences1 disposed of by type of offence at the Criminal Division of the Supreme Court
(Assizes), 2015 - 2018
Offences 2015 2016 2017 2018
Trial by Jury 26 12 18 13
5 5 5 4
13 5 11 8
Wounds and blows causing death
without intention to kill but with
premeditation
7 2 2 1
Aiding & abetting in the
commission of a crime1 0 0 0
Trial without Jury 10 21 12 9
4 4 7 1
* 1 0 5
* 6 0 3
* 4 0 0
3 0
0 1 0 0
* 4 0 0
36 33 30 22
* 0 2 0
6 1
13
2015 2016 2017 2018
Total convictions 34 26 26 21
Imprisonment 32 26 25 21
Intentional homicide 17 9 14 12
Murder 4 5 4 4
Manslaugher 13 4 10 8
Non intentional homicide 7 2 2 1
Wounds and blows causing death2 7 2 2 1
Drug offences 8 15 9 8
Importation of heroin 3 4 6 1
Dealing heroin 0 0 0 5
Possession of heroin * 4 0 2
Other heroin * 3 0 0
Importation of cannabis 0 1 0 0
Possession of cannabis * 3 0 0
Cultivation of cannabis * 0 1 0
Other3 5 0 2 0
Fine 2 0 1 0
Drug offences 2 0 1 0
Importation of heroin 1 0 0 0
Other3 1 0 1 0
Dismissed/Struck Out/Nolle Prosequi 2 7 4 1
Intentional homicide 1 1 2 0
Murder/Manslaughter 1 1 2 0
Drug offences 0 6 2 1
Importation of heroin 0 0 1 0
Dealing heroin * 1 0 0
Possession of heroin * 2 0 1
Other heroin * 1 0 0
Possession of cannabis * 1 0 0
Cultivation of cannabis * 0 1 0
Other3 0 1 0 0
Other offences 1 0 0 0
Aiding & abetting in the commission of
a crime1 0 0 0
Total 36 33 30 22
1A case may comprise one or more offences
2Wounds and blows causing death without intention to kill but with premeditation
3Other include importation/trafficking/possession of other drugs (e.g hashish & subutex/buprenorphine, etc.)
* Not collected separately prior to 2016
0 for Nil
Table 1.3a - Offences1 disposed of by type of offence and outcome of judgment at
the Criminal Division of the Supreme Court (Assizes), 2015 - 2018
14
Table 1.4 - Appellate Jurisdiction at the Supreme Court, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Civil 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292
Civil appeals from lower
Courts102 85 79 101 42 48 64 64 59 54 42 72 85 79 101 93
Appeals from decisions
of the Judge sitting at
Chambers, Tribunals &
other authorities, etc.
123 143 174 201 48 77 85 84 28 46 58 165 143 174 201 120
Court of Civil Appeals 109 106 114 131 50 70 72 66 53 62 55 118 106 114 131 79
Criminal 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145
Criminal appeals from
lower Courts200 204 211 228 157 147 146 130 153 140 129 214 204 211 228 144
Court of Criminal
Appeals5 4 2 6 6 3 7 3 7 5 3 8 4 2 6 1
Total 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
15
Table 1.5 - Civil cases at the Supreme Court, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Commercial Court 538 757 801 921 1,596 1,599 1,687 1,487 1,720 1,555 1,567 1,414 414 801 921 994
Chambers 112 121 107 108 735 697 707 554 736 711 706 527 111 107 108 135
Commercial matters 419 523 581 698 780 714 704 731 900 656 587 666 299 581 698 763
Bankruptcy petitions 7 113 113 115 81 188 276 202 84 188 274 221 4 113 115 96
Master's Court 1,488 1,595 1,797 1,744 589 699 408 430 482 562 461 442 1,595 1,732 1,744 1,732
Levy cases 776 828 994 903 345 459 184 207 293 358 275 252 828 929 903 858
Division in kind cases 712 767 803 841 244 240 224 223 189 204 186 190 767 803 841 874
Family Division 2,223 2,004 2,522 2,750 3,952 4,033 3,861 4,047 4,171 3,515 3,633 4,026 2,004 2,522 2,750 2,771
Divorce petitions 1,507 1,446 1,837 2,071 2,475 2,603 2,519 2,666 2,536 2,212 2,285 2,708 1,446 1,837 2,071 2,029
Motions (alimony, child
custody, etc.)441 335 422 375 609 590 505 453 715 503 552 457 335 422 375 371
Chambers 275 223 263 304 868 840 837 928 920 800 796 861 223 263 304 371
Registry (Le Greffe) 1 3,292 3,218 3,642 3,696 948 1,295 1,123 1,088 1,022 871 1,069 2,334 3,218 3,642 3,696 2,450
Plaints with summons 3,049 2,956 3,262 3,234 661 894 714 690 754 588 742 1,614 2,956 3,262 3,234 2,310
of which land disputes NA NA NA 110 NA NA 122 127 NA NA 12 7 NA NA 110 230
Motions and other
applications & Reference from
Chambers
243 262 380 462 287 401 409 398 268 283 327 720 262 380 462 140
Chambers (civil) 478 499 440 374 1,971 2,164 2,156 2,302 1,950 2,223 2,222 2,221 499 440 374 455
8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402
1 Civil proceedings
NA for Not Available
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
Total
16
17
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
Co
mm
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Civ
il
Ap
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of
cases
Figure 1.5a - Cases lodged at the Supreme Court, 2017 & 2018
2017
2018
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
Co
mm
erc
ial
Co
urt
Mas
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cases
Figure 1.5b - Cases disposed of at the Supreme Court, 2017 & 2018
2017
2018
Table 1.6 - Divorce cases, Republic of Mauritius, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Cases pending at the beginning
of the year 1 1,507 1,446 1,837 2,071 24 35 32 51 1,531 1,481 1,869 2,122
Cases lodged 2,475 2,603 2,519 2,666 81 78 98 117 2,556 2,681 2,617 2,783
Cases disposed of: 2,536 2,212 2,285 2,708 70 81 79 119 2,606 2,293 2,364 2,827
Divorce pronounced 2,097 1,840 1,921 2,325 64 70 75 100 2,161 1,910 1,996 2,425
Withdrawn/Struck out/Set aside 430 367 357 379 6 11 3 19 436 378 360 398
Dismissed 7 4 6 4 0 0 1 0 7 4 7 4
Judicial separation 2 1 1 0 0 0 0 0 2 1 1 0
Cases outstanding at the end of the
year1,446 1,837 2,071 2,029 35 32 51 49 1,481 1,869 2,122 2,078
1 Cases pending at the beginning of year 2018 revised in light of physical count carried out at the end of the year 2017
0 for Nil
Island of Mauritius Island of Rodrigues Republic of Mauritius
18
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
0 711 636 664 892 10 17 18 14 721 653 682 906
1 648 576 573 670 26 26 24 27 674 602 597 697
2 529 463 502 532 15 17 20 38 544 480 522 570
3 171 139 150 187 9 8 8 10 180 147 158 197
4 34 23 29 33 4 0 1 7 38 23 30 40
5 6 2 3 7 0 2 3 3 6 4 6 10
6 and above 0 2 1 4 0 0 1 1 0 2 2 5
Total 2,099 1,841 1,922 2,325 64 70 75 100 2,163 1,911 1,997 2,425
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Husband petitioner 616 534 565 610 12 17 22 33 628 551 587 643
Grounds:
Faute 331 281 281 333 10 16 18 19 341 297 299 352
Rupture de vie commune 34 23 13 31 0 0 0 1 34 23 13 32
Aux torts partagés 251 230 271 246 2 1 4 13 253 231 275 259
Wife petitioner 968 838 828 1,023 43 43 44 52 1,011 881 872 1,075
Grounds:
Faute 664 526 519 706 36 39 34 41 700 565 553 747
Rupture de vie commune 8 9 4 4 0 0 0 0 8 9 4 4
Aux torts partagés 296 303 305 313 7 4 10 11 303 307 315 324
Joint petitioners
(both husband & wife)513 468 528 692 9 10 9 15 522 478 537 707
Ground:
Mutual consent 513 468 528 692 9 10 9 15 522 478 537 707
Total 2,097 1,840 1,921 2,325 64 70 75 100 2,161 1,910 1,996 2,425
0 for Nil
Petitioning party & groundsIsland of Mauritius Island of Rodrigues Republic of Mauritius
Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius, 2015 - 2018
No. of children involvedIsland of Mauritius Island of Rodrigues Republic of Mauritius
Table 1.8 - Divorces pronounced by petitioning parties and grounds, Republic of Mauritius, 2015 - 2018
19
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Under 5 407 368 340 447 8 17 11 7 415 385 351 454
5 - 9 560 486 508 619 12 19 22 19 572 505 530 638
10 - 14 453 390 399 503 18 12 11 23 471 402 410 526
15 - 19 288 268 307 324 10 11 12 18 298 279 319 342
20 - 24 210 170 181 204 7 2 1 16 217 172 182 220
25 - 29 104 88 110 119 2 4 3 6 106 92 113 125
30 and above 77 71 77 109 7 5 15 11 84 76 92 120
Total 2,099 1,841 1,922 2,325 64 70 75 100 2,163 1,911 1,997 2,425
Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2015 - 2018
Duration of
marriage (years)
Island of Mauritius Island of Rodrigues Republic of Mauritius
20
10 yrs and less than 20 yrs
36%
20 yrs and above
19%
less than 10 yrs
45%
Figure 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 2018
2015 2016 2017 2018
Cases pending at the beginning of the year 82 39 26 11
Cases received during the year 226 97 31 28
No of cases where agreement has been recorded 81 30 10 19
No of cases purely and simply struck out/set aside 3 9 0 11
185 71 36 7
Cases outstanding at the end of the year 39 26 11 2
0 for Nil
Criminal
Trials
Criminal
Appeals
Civil
Appeals
Civil
Proceedings Total
New Cases lodged 19 133 214 1,088 1,454 4,047 1,487
Cases disposed of 18 222 355 2,334 2,929 4,026 1,414
3 months and less 2 5 14 559 580 623 909
more than 3 months to 6 months 0 0 6 76 82 808 133
more than 6 months to 12 months 8 37 50 230 325 1,743 160
more than 12 months 8 180 285 1,469 1,942 852 212
Trial/Non-trial adjudication
Disposals by trial adjudication 16 152 282 1,818 2,268 3,019 573
Disposals by non-trial
adjudication 2 70 73 516 661 1,007 841
1 Excluding Master's Court and Chambers (Civil)
0 for Nil
Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2015 - 2018
No of cases referred back to court (Master & Registrar) to be
fixed
Table 1.11 - Time to disposition of cases at the Supreme Court 1, 2018
Supreme Court Registry Le Greffe Family
Division
Commercial
Division
21
22
3. INTERMEDIATE COURT
From 2017 to 2018, the total number of civil and criminal (total) cases lodged at the
Intermediate Court decreased by 11.2% from 2,625 to 2,330 resulting from drops of 13.9%
in the number of civil cases from 1,429 to 1,230 and of 8.0% in the number of criminal
cases from 1,196 to 1,100.
Similarly, a fall of 12.8% was noted in the total number of cases disposed of from 3,322 to
2,897 due to a drop of 24.3% in civil cases from 2,076 to 1,572 and a rise of 6.3% in
criminal cases from 1,246 to 1,325.
From 2017 to 2018, the number of civil and criminal cases outstanding dropped by 8.7%,
from 4,260 to 3,891.
Table 2.1 - Civil and criminal cases at the Intermediate Court, 2015 - 2018
Civil cases Criminal cases Total
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Cases
pending at the
beginning of
the year 1
4,212 2,864 2,951 2,475 2,210 2,177 2,006 1,983 6,422 5,041 4,957 4,458
Cases lodged 1,886 1,947 1,429 1,230 1,277 1,160 1,196 1,100 3,163 3,107 2,625 2,330
Cases disposed
of 1,970 1,860 2,076 1,572 1,310 1,331 1,246 1,325 3,280 3,191 3,322 2,897
Cases
outstanding at
the end of the
year
4,128 2,951 2,304 2,133 2,177 2,006 1,956 1,758 6,305 4,957 4,260 3,891
1 Cases pending at the beginning of year 2018 revised in light of physical count carried out at the end of the year
2017
23
4. INDUSTRIAL COURT
From 2017 to 2018, the number of civil and criminal cases lodged at the Industrial Court
decreased by 22.1% from 1,526 to 1,189 due to a fall of 29.4% in civil cases from 1,253 to
885 and a rise of 11.4% from 273 to 304 in criminal cases.
Conversely, the number of civil and criminal cases disposed of decreased marginally by
0.9% from 1,122 to 1,112. This resulted from a fall of 16.6% in criminal cases from 211 to
176 and a rise of 2.7% in civil cases from 911 to 936.
At the end of the year 2018, a physical count of the number of cases (civil and criminal)
showed that 1,843 cases (1,412 civil and 431 criminal) were outstanding, a rise of 4.4%
over the 2017 figure of 1,766.
Table 3.1 - Civil and criminal cases at the Industrial Court, 2015 - 2018
Civil cases Criminal cases Total
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Cases pending
at the beginning
of the year
875 928 1,121 1,463 215 189 241 303 1,090 1,117 1,362 1,766
Cases lodged 1,013 993 1,253 885 218 262 273 304 1,231 1,255 1,526 1,189
Cases disposed
of 960 800 911 936 244 210 211 176 1,204 1,010 1,122 1,112
Cases
outstanding at
the end of the
year
928 1,121 1,463 1,412 189 241 303 431 1,117 1,362 1,766 1,843
24
5. BAIL & REMAND COURT
From 2017 to 2018, the number of cases lodged and disposed of at the Bail and Remand
Court (BRC) decreased respectively by 12.1% from 4,840 to 4,256 and by 25.2% from 5,217
to 3,904. Compared to the end of year 2017, the number of cases outstanding at the end of
year 2018 rose by 24.7% from 1,423 to 1,775. Out of 1,320 applications received for bail
hearing, 71.8% (948) were successful.
Table 4.1 - Cases at the Bail and Remand Court (BRC), 2015 - 2018
2015 2016 2017 2018
Cases pending at the beginning of the year 1,162 1,384 1,800 1,423
Cases lodged 4,148 4,207 4,840 4,256
Cases disposed of 3,926 3,791 5,217 3,904
Cases outstanding at the end of the year 1,384 1,800 1,423 1,775
Applications for bail hearing 1,754 2,031 1,654 1,320
Bail granted 978 688 766 948
6. WEEKEND COURT
The cases lodged at the Weekend Court rose by 2.2%, from 1,585 in 2017 to 1,620 in 2018.
Out of 1,620 cases lodged in 2018, there were police objection in 70.6% (1,143) of them and
detainees have been released on parole in the remaining 29.4% of cases. Some 64 cases were
fixed for bail hearing with 68.8% (44) being undefended and 34.4% (22) being cases where
bail was not granted.
Table 5.1 - Cases at the Weekend Court (WEC), 2015 - 2018
2015 2016 2017 2018
Cases lodged 1,319 1,409 1,585 1,620
Cases where detainees have been released
on parole 425 453 540 477
Cases where there was police objection 894 956 1,045 1,143
Total cases fixed for bail hearing: Defended 40 28 17 20
Undefended 14 357 246 44
Total number of bail (after hearing): Granted 50 167 74 42
Not granted 4 218 189 22
25
7. DISTRICT COURTS
7.1 Civil and Criminal
In 2018, about 44% of civil and criminal cases were lodged in urban areas. From 2017 to
2018, a marginal increase of 1.5% was noted in the total number of cases lodged. Among
the rural areas, the District Court of Flacq registered the largest number of cases lodged at
11,785 in 2018. Following the same trend, the total number of criminal cases lodged
increased by 1.4% from 98,235 in 2017 to 99,652 in 2018. From 2017 to 2018, an increase
of 2.1% was also felt in the total number of civil cases lodged from 6,445 to 6,579 (Tables
6.1- 6.3).
From 2017 to 2018, the total number of civil and criminal cases disposed of decreased by
4.2% from 108,312 to 103,784. The largest number of cases disposed of in 2018 was
recorded at the District Court of Flacq at 11,185 in rural areas. Similarly, a fall of 4.1%
was noted in the total number of criminal cases disposed of from 101,772 in 2017 to
97,593 in 2018. Following in the same trend, the number of civil cases disposed of
registered a drop of 5.3% from 6,540 in 2017 to 6,191 in 2018 (Tables 6.1 - 6.3).
7.2 Postponement of cases
In 2018, the overall reasons for postponement of cases on the day of trial was due to
“absence of witnesses only” (34.2%) followed by “absence of parties only” (32.9%). It is
to be noted that, for Intermediate Court, the main reason for same was due to “absence of
witnesses only” (31.9%), for Industrial Court “Hope for settlement” (30.3%), for District
Courts “absence of parties only” (37.4%) and for Court of Rodrigues “Motion by
Counsel” (34.3%) (Table 6.4).
7.3 Plaint with summons
The number of cases lodged under plaint with summons increased by 1.5% from 2,564 in
2017 to 2,602 in 2018. On the contrary, those disposed of for the same period showed a
decrease of 2.2% from 2,540 to 2,483 (Table 6.5).
7.4 Small Claim Procedure
From 2017 to 2018, the number of cases lodged under the Small Claim Procedure
increased by 6.8% from 1,111 to 1,187 whilst the number of cased disposed of showed a
decrease of 21.1% from 1,139 to 899 (Table 6.6).
7.5 State Debts
From 2017 to 2018, the number of cases lodged for State debts for the Island of Mauritius
dropped by 6.8% from 839 to 782 whilst the number of cases disposed of increased by
5.5% from 831 to 877 for the same period (Table 6.7).
7.6 Protection from Domestic Violence Act
The number of cases lodged under the Protection from Domestic Violence Act 1997
showed an increase of 4.0% from 1,931 to 2,008 whilst for the cases disposed of decreased
by 4.8% from 2,030 to 1,932 (Table 6.8).
From 2017 to 2018, out of the 2,008 applications received under the Protection from
Domestic Violence Act 1997, most (98.7% - 1,981) were for Protection Orders, 25 for
occupation orders and 2 for tenancy orders (Table 6.9).
The applicants for Protection Orders among spouse/partner fell by 1.9% from 1,542 in
2017 to 1,513 in 2018. In 2018, about 94% of this type of order came from females
(Tables 6.10 & 6.11).
Table 6.1 - Civil and criminal cases at the District Courts, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division I 764 525 515 502 1,031 1,356 1,172 991 1,270 1,366 1,185 1,087 525 515 502 406
Port Louis Division II 2,805 3,218 1,724 2,261 10,627 9,852 9,737 8,007 10,214 11,346 9,200 7,277 3,218 1,724 2,261 2,991
Port Louis Division III 3,273 2,648 1,545 2,111 16,979 8,298 7,951 14,805 17,604 9,401 7,385 14,624 2,648 1,545 2,111 2,292
Pamplemousses1 2,569 3,433 3,158 2,524 12,760 17,508 13,299 9,883 11,896 17,783 13,927 10,134 3,433 3,158 2,530 2,273
Riviere du Rempart 3,160 4,813 3,721 2,893 11,991 9,115 10,149 7,635 10,338 10,207 10,977 8,120 4,813 3,721 2,893 2,408
Flacq1 4,925 6,439 5,035 3,894 14,633 15,386 12,217 11,785 13,119 16,790 13,762 11,185 6,439 5,035 3,490 4,494
Moka 3,278 2,622 2,888 1,712 7,915 9,372 6,349 5,580 8,571 9,106 7,525 5,822 2,622 2,888 1,712 1,470
Lower Plaines Wilhems 1,886 2,937 2,135 2,839 14,122 12,525 10,668 10,301 13,071 13,327 9,964 10,380 2,937 2,135 2,839 2,760
Upper Plaines Wilhems 3,778 2,945 4,285 2,746 11,788 14,125 11,172 12,257 12,621 12,785 12,711 12,328 2,945 4,285 2,746 2,675
Grand Port 1,501 1,887 792 1,226 7,618 7,234 7,218 7,426 7,232 8,329 6,784 6,931 1,887 792 1,226 1,721
Savanne 1,302 674 818 1,069 5,954 5,314 5,485 6,341 6,582 5,170 5,234 5,373 674 818 1,069 2,037
Black River 1,169 1,468 1,021 823 6,451 6,783 5,483 6,637 6,152 7,230 5,681 6,084 1,468 1,021 823 1,376
Rodrigues1 510 932 766 518 5,507 4,294 3,780 4,583 5,085 4,460 3,977 4,439 932 766 569 662
Island of Mauritius 30,410 33,609 27,637 24,600 121,869 116,868 100,900 101,648 118,670 122,840 104,335 99,345 33,609 27,637 24,202 26,903
Republic of Mauritius 30,920 34,541 28,403 25,118 127,376 121,162 104,680 106,231 123,755 127,300 108,312 103,784 34,541 28,403 24,771 27,565
1 Number of civil and criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
26
Table 6.2 - Criminal cases at the District Courts, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division II 2,805 3,218 1,724 2,261 10,627 9,852 9,737 8,007 10,214 11,346 9,200 7,277 3,218 1,724 2,261 2,991
Port Louis Division III 3,273 2,648 1,545 2,111 16,979 8,298 7,951 14,805 17,604 9,401 7,385 14,624 2,648 1,545 2,111 2,292
Pamplemousses 2,484 3,346 3,068 2,453 12,289 17,119 12,936 9,382 11,427 17,397 13,551 9,736 3,346 3,068 2,453 2,099
Riviere du Rempart 3,076 4,729 3,605 2,791 11,652 8,754 9,783 7,174 9,999 9,878 10,597 7,738 4,729 3,605 2,791 2,227
Flacq1 4,781 6,227 4,955 3,744 14,040 14,796 11,474 11,248 12,594 16,068 13,081 10,728 6,227 4,955 3,348 4,264
Moka 3,198 2,575 2,844 1,650 7,639 9,123 6,113 5,187 8,262 8,854 7,307 5,438 2,575 2,844 1,650 1,399
Lower Plaines Wilhems 1,526 2,743 1,888 2,537 12,867 11,029 9,529 9,175 11,650 11,884 8,880 9,178 2,743 1,888 2,537 2,534
Upper Plaines Wilhems 3,590 2,591 3,749 2,330 10,643 12,687 9,973 11,080 11,642 11,529 11,392 11,183 2,591 3,749 2,330 2,227
Grand Port 1,402 1,794 703 1,148 7,231 6,609 6,849 6,830 6,839 7,700 6,404 6,486 1,794 703 1,148 1,492
Savanne 1,261 639 752 1,029 5,777 5,022 5,234 6,081 6,399 4,909 4,957 5,150 639 752 1,029 1,960
Black River 1,085 1,369 916 764 6,070 6,279 5,051 6,199 5,786 6,732 5,203 5,706 1,369 916 764 1,257
Rodrigues 472 886 712 502 5,353 4,127 3,605 4,484 4,939 4,301 3,815 4,349 886 712 502 637
Island of Mauritius 28,481 31,879 25,749 22,818 115,814 109,568 94,630 95,168 112,416 115,698 97,957 93,244 31,879 25,749 22,422 24,742
Republic of Mauritius 28,953 32,765 26,461 23,320 121,167 113,695 98,235 99,652 117,355 119,999 101,772 97,593 32,765 26,461 22,924 25,379
1 Number of criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
27
Table 6.3 - Civil cases at the District Courts, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division I 764 525 515 502 1,031 1,356 1,172 991 1,270 1,366 1,185 1,087 525 515 502 406
Pamplemousses1 85 87 90 71 471 389 363 501 469 386 376 398 87 90 77 174
Riviere du Rempart 84 84 116 102 339 361 366 461 339 329 380 382 84 116 102 181
Flacq1 144 212 80 150 593 590 743 537 525 722 681 457 212 80 142 230
Moka 80 47 44 62 276 249 236 393 309 252 218 384 47 44 62 71
Lower Plaines Wilhems 360 194 247 302 1,255 1,496 1,139 1,126 1,421 1,443 1,084 1,202 194 247 302 226
Upper Plaines Wilhems 188 354 536 416 1,145 1,438 1,199 1,177 979 1,256 1,319 1,145 354 536 416 448
Grand Port 99 93 89 78 387 625 369 596 393 629 380 445 93 89 78 229
Savanne 41 35 66 40 177 292 251 260 183 261 277 223 35 66 40 77
Black River 84 99 105 59 381 504 432 438 366 498 478 378 99 105 59 119
Rodrigues1 38 46 54 16 154 167 175 99 146 159 162 90 46 54 67 25
Island of Mauritius 1,929 1,730 1,888 1,782 6,055 7,300 6,270 6,480 6,254 7,142 6,378 6,101 1,730 1,888 1,780 2,161
Republic of Mauritius 1,967 1,776 1,942 1,798 6,209 7,467 6,445 6,579 6,400 7,301 6,540 6,191 1,776 1,942 1,847 2,186
1 Number of civil cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
28
Table 6.4 - Reasons for postponement of cases at Courts on the day of trial, 2018
Number % Number % Number % Number % Number %
674 26.4 163 28.2 1,523 17.2 46 34.3 2,406 19.8
815 31.9 84 14.6 3,221 36.3 37 27.6 4,157 34.2
543 21.2 80 13.9 3,325 37.4 41 30.6 3,989 32.9
0 0.0 0 0.0 67 0.8 0 0.0 67 0.6
34 1.3 11 1.9 29 0.3 0 0.0 74 0.6
283 11.1 175 30.3 33 0.4 0 0.0 491 4.0
208 8.1 64 11.1 673 7.6 10 7.5 955 7.9
Accused wished to retain service of
counsel0 1 12 0 13
Case connected to another case 18 12 93 3 126
Counsel moved for postponement 39 22 82 0 143
Counsel not communicated with brief 19 8 180 7 214
New witness added 0 0 3 0 3
Plaintiff/Witness withdrew from case 0 0 46 0 46
Prosecutor absent 0 0 5 0 5
Prosecutor moved for postponement 0 0 7 0 7
Other 5 132 21 245 0 398
Grand Total 2,557 100.0 577 100.0 8,871 100.0 134 100.0 12,139 100.0
1 Laid up, absent etc.
4 Magistrate laid up
2 Laid up, absent etc. 5 (comprised of case not in shape, cyclonic condition, case partly heard, amended plea etc.)
3 Accused parties, plaintiff, defendants, declarant 0 for Nil
Reasons for postponementIntermediate Court Industrial Court District Courts Court of Rodrigues Republic of Mauritius
Other
of which
Motion by Counsel 1
Absence of witnesses 2 (only)
Absence of parties 3 (only)
Absence of both accused parties and
witnesses
Unavailability of bench 4
Hope for settlement
29
Table 6.5 - Plaint with summons (civil) cases at the District Courts, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division I 724 915 806 654 941 967 792 796
Pamplemousses 269 102 121 166 265 131 131 137
Riviere du Rempart 138 65 126 195 136 79 105 158
Flacq 201 161 168 177 213 216 186 67
Moka 109 72 79 151 130 68 84 130
Lower Plaines Wilhems 605 663 541 485 653 674 477 590
Upper Plaines Wilhems 395 226 243 328 336 294 280 211
Grand Port 112 271 137 143 145 268 137 132
Savanne 48 80 98 85 71 80 95 84
Black River 210 193 134 202 189 196 162 163
Rodrigues 109 96 111 16 100 98 91 15
Island of Mauritius 2,811 2,748 2,453 2,586 3,079 2,973 2,449 2,468
Republic of Mauritius 2,920 2,844 2,564 2,602 3,179 3,071 2,540 2,483
Table 6.6 - Small Claim Procedure at the District Courts, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division I 76 142 137 154 85 109 163 113
Pamplemousses 80 106 94 136 92 101 71 76
Riviere du Rempart 81 120 87 72 88 80 124 47
Flacq 240 286 347 173 160 357 278 208
Moka 89 76 42 84 85 82 23 97
Lower Plaines Wilhems 106 172 79 109 193 147 117 77
Upper Plaines Wilhems 151 180 109 144 127 160 140 99
Grand Port 86 143 63 141 73 166 52 61
Savanne 63 102 68 79 55 90 80 44
Black River 69 100 81 85 73 101 85 68
Rodrigues 0 8 4 10 1 4 6 9
Island of Mauritius 1,041 1,427 1,107 1,177 1,031 1,393 1,133 890
Republic of Mauritius 1,041 1,435 1,111 1,187 1,032 1,397 1,139 899
Cases lodged Cases disposed of
Cases lodged Cases disposed of
0 for Nil
30
2015 2016 2017 2018 2015 2016 2017 2018
Lower Plaines Wilhems 0 0 47 68 0 0 0 90
Upper Plaines Wilhems 378 776 733 525 312 569 741 646
Grand Port 59 93 59 186 51 79 75 134
Savanne 41 31 0 3 32 16 15 7
Island of Mauritius 478 900 839 782 395 664 831 877
2015 2016 2017 2018 2015 2016 2017 2018
Port Louis Division I 231 299 229 183 244 290 230 178
Pamplemousses 122 181 148 199 112 154 174 185
Riviere du Rempart 120 176 153 194 115 170 151 177
Flacq 152 143 228 187 152 149 217 182
Moka 78 101 115 158 94 102 111 157
Lower Plaines Wilhems 544 661 472 464 575 622 490 445
Upper Plaines Wilhems 221 256 114 180 204 233 158 189
Grand Port 130 118 110 126 124 116 116 118
Savanne 25 79 85 93 25 75 87 88
Black River 102 211 217 151 104 201 231 147
Rodrigues 45 63 60 73 45 57 65 66
Island of Mauritius 1,725 2,225 1,871 1,935 1,749 2,112 1,965 1,866
Republic of Mauritius 1,770 2,288 1,931 2,008 1,794 2,169 2,030 1,932
Cases lodged Cases disposed of
Table 6.7 - State debts cases at the District Courts1, 2015 - 2018
Cases lodged Cases disposed of
1State debts cases not available/lodged and disposed of at other District Courts
0 for Nil
Table 6.8 - Cases under the Protection from Domestic Violence Act 1997 at the District Courts,
2015 - 2018
31
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Applications received 1,889 1,981 40 25 2 2 0 0 1,931 2,008
Interim Orders issued 1,695 1,728 10 7 0 0 0 0 1,705 1,735
Orders issued 1,113 1,092 13 8 2 0 0 0 1,128 1,100
Applications withdrawn/set aside/struck
out/dismissed862 813 40 19 0 0 0 0 902 832
Cases where parties have been ordered to
attend counselling sessions45 26 Nap Nap Nap Nap Nap Nap 45 26
Nap for Not applicable
Figures for applications received/orders issued are not necessarily comparable to cases lodged/disposed of (Table 6.8) due to applications made for different Orders or for more
than one person in a case
0 for Nil
Table 6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts, 2017 & 2018
Orders
Total
Protection Occupation Tenancy Revocation
32
2017 2018 2017 2018 2017 2018
Applications received 1,542 1,513 347 468 1,889 1,981
Interim Orders issued 1,375 1,310 320 418 1,695 1,728
Orders issued 920 829 193 263 1,113 1,092
Applications withdrawn/set aside/struck
out/dismissed709 633 153 180 862 813
Cases where parties have been ordered to
attend counselling sessions39 25 6 1 45 26
Male Female Total Male Female Total Male Female Total
Applications received 97 1,416 1,513 150 318 468 247 1,734 1,981
Interim Orders issued 74 1,236 1,310 136 282 418 210 1,518 1,728
Orders issued 46 783 829 92 171 263 138 954 1,092
Applications withdrawn/set aside/struck
out/dismissed60 573 633 59 121 180 119 694 813
Cases where parties have been ordered to
attend counselling sessions1 4 21 25 0 1 1 4 22 26
1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the counselling sessions
0 for Nil
Table 6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District
Courts, by spouse/partner and other persons living under the same roof, 2017 & 2018
Spouse/partnerOther persons living under
the same roofTotal
Table 6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District Courts, by spouse/partner and
other persons living under the same roof and by sex, 2018
Spouse/partnerOther persons living under
the same roofTotal
33
Age groupApplications
received
Interim Orders
issued
Protection
Orders issued
Applications
withdrawn/struck
out/dismissed/set
aside
Cases where parties
have been ordered
to attend counselling
sessions1
Both sexes 1,513 1,310 829 633 25
Under 18 9 8 4 5 1
18 - 29 387 325 219 145 2
30 - 39 497 437 266 214 6
40 - 49 405 356 221 183 10
50 - 59 159 131 93 67 6
60 & over 56 53 26 19 0
Male 97 74 46 60 4
Under 18 1 1 1 0 0
18 - 29 10 6 6 3 0
30 - 39 27 19 14 17 2
40 - 49 26 22 14 28 2
50 - 59 21 15 10 8 0
60 & over 12 11 1 4 0
Female 1,416 1,236 783 573 21
Under 18 8 7 3 5 1
18 - 29 377 319 213 142 2
30 - 39 470 418 252 197 4
40 - 49 379 334 207 155 8
50 - 59 138 116 83 59 6
60 & over 44 42 25 15 0
Table 6.12 - Protection Orders (spouse/partner) under the Protection from Domestic Violence
Act 1997 at the District Courts, by age group & sex, 2018
1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the
counselling sessions
0 for Nil
34
35
36
8. CASES (CIVIL AND CRIMINAL) IN THE REPUBLIC OF MAURITIUS
The number of cases lodged in the Republic of Mauritius increased marginally by 0.8% from
118,468 in 2017 to 119,470 in 2018 with an increase of 1.3% for criminal cases from 99,885
to 101,208 and a fall of 1.7% for civil cases from 18,583 to 18,262. The same trend was
observed for the Island of Rodrigues, a rise was noted in criminal cases from 3,605 to 4,484
whilst a fall for civil cases from 175 to 99.
For the same period, the total number of cases disposed of decreased by 2.6% from 122,021
to 118,825. This resulted from a fall of 3.9% in criminal cases from 103,387 to 99,334 and a
rise of 4.6% in civil cases from 18,634 to 19,491.
At the end of year 2018, a physical count of the total number of outstanding cases was 42,170
with 27,745 for criminal and 14,425 for civil cases, a rise of 2.9% over the 2017 figure of
40,980 (Tables 7.1 - 7.3).
Table 7.1 - Total cases, Republic of Mauritius, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Supreme Court 8,594 8,650 9,811 10,183 9,394 10,155 9,637 9,720 9,681 9,059 9,265 11,032 8,307 9,746 10,183 8,871
Appeal cases 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437
Other cases 8,055 8,108 9,231 9,516 9,091 9,810 9,263 9,373 9,381 8,752 8,978 10,455 7,765 9,166 9,516 8,434
Intermediate Court1 6,422 5,041 4,957 4,458 3,163 3,107 2,625 2,330 3,280 3,191 3,322 2,897 6,305 4,957 4,260 3,891
Industrial Court 1,090 1,117 1,362 1,766 1,231 1,255 1,526 1,189 1,204 1,010 1,122 1,112 1,117 1,362 1,766 1,843
District Courts1 30,410 33,609 27,637 24,600 121,869 116,868 100,900 101,648 118,670 122,840 104,335 99,345 33,609 27,637 24,202 26,903
Court of Rodrigues1 510 932 766 518 5,507 4,294 3,780 4,583 5,085 4,460 3,977 4,439 932 766 569 662
Island of Mauritius 46,516 48,417 43,767 41,007 135,657 131,385 114,688 114,887 132,835 136,100 118,044 114,386 49,338 43,702 40,411 41,508
Republic of Mauritius 47,026 49,349 44,533 41,525 141,164 135,679 118,468 119,470 137,920 140,560 122,021 118,825 50,270 44,468 40,980 42,170
1 Number of civil and criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
37
Table 7.2 - Total criminal cases, Republic of Mauritius, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Supreme Court 241 243 242 265 198 170 181 152 196 171 158 240 243 242 265 177
Appeal cases 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145
Other cases 36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32
Intermediate Court1 2,210 2,177 2,006 1,983 1,277 1,160 1,196 1,100 1,310 1,331 1,246 1,325 2,177 2,006 1,956 1,758
Industrial Court 215 189 241 303 218 262 273 304 244 210 211 176 189 241 303 431
District Courts1 28,481 31,879 25,749 22,818 115,814 109,568 94,630 95,168 112,416 115,698 97,957 93,244 31,879 25,749 22,422 24,742
Court of Rodrigues 472 886 712 502 5,353 4,127 3,605 4,484 4,939 4,301 3,815 4,349 886 712 502 637
Island of Mauritius 31,147 34,488 28,238 25,369 117,507 111,160 96,280 96,724 114,166 117,410 99,572 94,985 34,488 28,238 24,946 27,108
Republic of Mauritius 31,619 35,374 28,950 25,871 122,860 115,287 99,885 101,208 119,105 121,711 103,387 99,334 35,374 28,950 25,448 27,745
1 Number of criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
38
Table 7.3 - Total civil cases, Republic of Mauritius, 2015 - 2018
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
Supreme Court 8,353 8,407 9,569 9,918 9,196 9,985 9,456 9,568 9,485 8,888 9,107 10,792 8,064 9,504 9,918 8,694
Appeal cases 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292
Other cases 8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402
Intermediate Court 4,212 2,864 2,951 2,475 1,886 1,947 1,429 1,230 1,970 1,860 2,076 1,572 4,128 2,951 2,304 2,133
Industrial Court 875 928 1,121 1,463 1,013 993 1,253 885 960 800 911 936 928 1,121 1,463 1,412
District Courts 1,929 1,730 1,888 1,782 6,055 7,300 6,270 6,480 6,254 7,142 6,378 6,101 1,730 1,888 1,780 2,161
Court of Rodrigues 38 46 54 16 154 167 175 99 146 159 162 90 46 54 67 25
Island of Mauritius 15,369 13,929 15,529 15,638 18,150 20,225 18,408 18,163 18,669 18,690 18,472 19,401 14,850 15,464 15,465 14,400
Republic of Mauritius 15,407 13,975 15,583 15,654 18,304 20,392 18,583 18,262 18,815 18,849 18,634 19,491 14,896 15,518 15,532 14,425
1 Number of civil cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
39
40
40,000
50,000
60,000
70,000
80,000
90,000
100,000
110,000
120,000
130,000
Lodged Disposed of Outstanding
Nu
mb
er
of
cases
Figure 7.1 - Total cases lodged, disposed of and outstanding,
Republic of Mauritius, 2017 & 2018
2017
2018
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
110,000
Lodged Disposed of Outstanding
Nu
mb
er
of
case
s
Figure 7.2 - Total criminal cases lodged, disposed of and outstanding,
Republic of Mauritius, 2017 & 2018
2017
2018
41
9. CRIME STATISTICS
9.1 Summary of criminal offences disposed of
About 73% (89,974) of the 123,058 criminal offences disposed of in 2018, the defendants
were proven guilty and sentenced; while 27% of the offences were acquitted or non-
adjudicated (Figure 8.2).
The Supreme Court has the highest percentage (95%) of offences proven guilty followed by
the Court of Rodrigues (90%) and both the Industrial Court and District Court of Flacq
(84%).
Only 4,218 (4.7%) of the offences proven guilty were sentenced to Custodial Orders, i.e. the
persons were detained in an institution to serve their sentences. For the majority 95.3%
(85,756) of these offences, the defendants were either sentenced to pay fines or to serve
Community Service/Probation Orders (Non-Custodial Orders).
All of the sentences pronounced (proven guilty) at the Supreme Court were Custodial Orders.
Conversely, all the sentences pronounced at the Industrial Court were Non-Custodial Orders.
9.2 Convicted offences
The classification of criminal offences, as from this issue, is based on the latest International
Classification of Crime for Statistical Purposes (ICCS) Version 1.0, developed by the United
Nations Office on Drugs and Crime (UNODC) and released in March 2015, where figures for
years 2017 and 2018 have been worked out accordingly. The ICCS is the first common
framework to group all kinds of criminal offences into categories that are useful for
producing crime statistics all over the world. Its primary unit of classification is the act or
event that constitutes a criminal offence and the description of the criminal acts is based on
behaviours and not on legal provisions.
The overall convicted offences decreased by 5.3% from 94,981 in 2017 to 89,974 in 2018
(Table 8.3). This fall was largely due to declines in forgery/counterfeiting (-37.3%), homicide
(-31.1%), theft (-22.1%), corruption (-21.9%), assaults (-15.2%), drug offences (-11.4%),
robbery (-8.8%), burglary (-7.3%) and non-injurious traffic violations (-4.0%).
About 73% of the criminal offences disposed of in the Republic of Mauritius in 2018 were
road traffic contraventions. In addition to the 65,765 contraventions convicted in 2018 as
shown in Table 8.3, more road traffic contraventions were paid via fixed penalty notices.
These are directly paid to cash offices and are not considered as offences lodged and disposed
of at court. However, if the contravened is not agreeable to pay the fine, then a case is
lodged.
2017 2018 2017 2018 2017 2018
Acts leading to death or intending to cause
death137 92 7 5 144 97
Intentional homicide 17 14 0 0 17 14
Non-intentional homicide 117 75 6 5 123 80
Illegal feticide 2 3 1 0 3 3
Other acts leading to death or intending to
cause death1 0 0 0 1 0
Acts causing harm or intending to cause
harm to the person16,175 14,832 420 398 16,595 15,230
Assault 7,004 5,445 235 267 7,239 5,712
Serious assault 340 339 11 15 351 354
Minor assault (simple assault/wounds
and blows)6,664 5,106 224 252 6,888 5,358
Other assaults or threats 391 254 9 8 400 262
Acts against liberty 27 7 1 0 28 7
Trafficking in persons 0 2 0 0 0 2
Coercion 5 1 0 0 5 1
Negligence 5,756 6,069 61 65 5,817 6,134
of which driving without due care and
dangerous driving1,469 1,316 45 45 1,514 1,361
making use of cellular phone whilst
driving3,730 4,343 7 7 3,737 4,350
Dangerous acts 2,992 3,054 114 58 3,106 3,112
of which driving motor vehicle with
alcohol concentration above prescribed
limit2
1,330 1,263 81 55 1,411 1,318
Injurious acts of a sexual nature 336 379 28 27 364 406
Sexual violence 209 272 26 13 235 285
of which rape 10 10 4 2 14 12
sodomy 26 27 4 0 30 27
sexual intercourse with minor
under 16; with handicapped
person; with specified person
89 130 11 9 100 139
Sexual exploitation 127 107 2 14 129 121
Acts against property involving violence or
threat against a person1,689 1,600 29 23 1,718 1,623
Robbery 1,689 1,600 29 23 1,718 1,623
Acts against property only 4,706 3,729 116 112 4,822 3,841
Burglary 758 687 15 29 773 716
Theft 2,884 2,258 77 57 2,961 2,315
Intellectual property offences 132 46 0 0 132 46
Property damage 932 738 24 26 956 764
Table 8.1 - Criminal offences1 disposed of, Republic of Mauritius, 2017 & 2018
Island of Mauritius Island of Rodrigues Republic of Mauritius
42
2017 2018 2017 2018 2017 2018
Acts involving controlled drugs or other
psychoactive substances (drug offences)1,846 1,717 266 165 2,112 1,882
Acts involving fraud, deception or
corruption5,704 4,902 152 132 5,856 5,034
Fraud 325 385 5 1 330 386
Forgery/counterfeiting 449 393 1 2 450 395
Corruption 259 246 16 4 275 250
of which bribery by public official 12 1 0 0 12 1
bribery of public official 7 4 0 0 7 4
Acts involving the proceeds of crime 4,539 3,738 123 121 4,662 3,859
Other acts involving fraud, deception or
corruption132 140 7 4 139 144
Acts against public order, authority and
provisions of the State6,251 5,275 145 115 6,396 5,390
Acts against public order behavioural standards 1,025 754 72 88 1,097 842
Acts against public order sexual standards 112 51 1 4 113 55
Acts contrary to public revenue or
regulatory provisions1,084 842 22 3 1,106 845
of which revenue offences 1,065 831 22 3 1,087 834
Acts against the justice system 3,814 3,279 50 20 3,864 3,299
Acts related to democratic elections 2 44 0 0 2 44
Acts contrary to labour law 214 305 0 0 214 305
Acts against public safety and state security 78,737 74,322 3,149 4,017 81,886 78,339
Acts involving weapons, explosives and
other destructive materials210 152 3 11 213 163
Acts against computer systems 470 447 25 6 495 453
Non-injurious traffic violations 3 78,057 73,723 3,121 4,000 81,178 77,723
of which speeding 5,746 6,491 73 45 5,819 6,536
failing to wear seat belt
whilst driving4,503 4,761 73 106 4,576 4,867
driving without licence 2,595 2,256 31 40 2,626 2,296
protective helmet improperly
secured1,693 1,629 63 48 1,756 1,677
Acts against the natural environment 1,054 1,402 23 25 1,077 1,427
Other criminal acts not elsewhere classified 9,539 9,291 260 498 9,799 9,789
Total 126,174 117,541 4,595 5,517 130,769 123,058
of which road traffic offences3
84,586 80,645 3,254 4,107 87,840 84,752
2 Formerly 'Driving under the influence of liquor' 0 for Nil
Table 8.1 (cont'd) - Criminal offences1 disposed of, Republic of Mauritius, 2017 & 2018
Island of Mauritius Island of Rodrigues Republic of Mauritius
1An offence may involve one or more persons and based on international classification of crime for Statistical purpose (ICCS)
Version 1.0 (UNODC)
3 Exclude figures on fixed penalty notice
43
Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2017 & 2018
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Supreme Court 4 1 25 21 0 0 1 0 0 0 30 22
Industrial Court 25 48 0 0 0 0 189 257 0 0 214 305
Intermediate Court 2,086 1,993 1,488 1,249 0 3 929 872 808 941 5,311 5,058
District Courts: 32,965 30,503 3,560 2,795 103 78 81,958 76,999 2,033 1,781 120,619 112,156
Port Louis Div II 2,155 2,788 356 437 5 8 8,287 5,073 141 65 10,944 8,371
Port Louis Div III 2,843 6,139 389 220 6 9 5,028 9,214 196 146 8,462 15,728
Pamplemousses 4,477 2,623 400 429 10 4 12,159 9,052 290 280 17,336 12,388
Riviere du Rempart 4,602 3,900 423 305 21 16 8,008 6,319 385 307 13,439 10,847
Flacq 4,146 2,418 505 455 20 7 11,626 12,401 274 302 16,571 15,583
Moka 2,141 1,022 114 112 1 10 6,568 4,622 110 72 8,934 5,838
Lower Plaines Wilhems 3,172 4,138 567 184 7 3 6,929 5,934 208 217 10,883 10,476
Upper Plaines Wilhems 4,128 2,861 131 50 5 7 8,290 8,474 53 56 12,607 11,448
Grand Port 1,501 1,567 309 290 6 3 6,532 6,853 195 89 8,543 8,802
Savanne 1,448 1,241 220 147 5 3 4,693 5,289 91 179 6,457 6,859
Black River 2,352 1,806 146 166 17 8 3,838 3,768 90 68 6,443 5,816
Court of Rodrigues 708 539 28 67 12 5 3,673 4,663 174 243 4,595 5,517
Island of Mauritius 35,080 32,545 5,073 4,065 103 81 83,077 78,128 2,841 2,722 126,174 117,541
Republic of Mauritius 35,788 33,084 5,101 4,132 115 86 86,750 82,791 3,015 2,965 130,769 123,058
0 for Nil1An offence may involve one or more persons
2Acquitted means dismissed and non-adjudicated means struck out and Nolle Prosequi
Acquitted & non-
adjudicated2
Convictions by penalty imposed
TotalImprisonment
RYC, CYC & other
institutionsFine
Probation, Community
Service, Conditional &
Absolute Discharges
44
Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2018
1 An offence may involve one or more persons
2 Acquitted means dismissed and non-adjudicated comprises struck out & Nolle Prosequi
3 Custodial Orders comprise imprisonment and detention in Rehabilitation & Correctional Youth Centres
45
District Courts
District Courts
(Island of
Mauritius)
112,156
(91%)
Criminal offences1
disposed of
123,058
(100%)
Intermediate Court
5,058
(4%)
Industrial Court
305
(negligible)
Supreme Court
(exclude appeal cases)
22
(negligible)
Court of Rodrigues
5,517
(5%)
Acquitted &
non-
adjudicated2
1
(5%)
Proven
guilty
21
(95%)
Acquitted &
non-
adjudicated2
48
(16%)
10
(3.6%)
Proven
guilty
257
(84%)
Acquitted &
non-
adjudicated2
1,993
(39%)
Proven
guilty
3,065
(61%)
Acquitted &
non-
adjudicated2
30,503
(27%)
Proven
guilty
81,653
(73%)
Acquitted &
non- adjudicated2
539
(10%)
Proven
guilty
4,978
(90%)
Custodial
Orders3
21
(100%)
Non -
Custodial
Orders
Nil
Custodial
Orders3
Nil
Non -
Custodial
Orders
257
(100%)
Custodial
Orders3
1,252
(41%)
Non -
Custodial
Orders
1,813
(59%)
Custodial
Orders3
2,873
(4%)
Non -
Custodial
Orders
78,780
(96%)
Custodial
Orders3
72
(1%)
Non -
Custodial
Orders
4,906
(99%)
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Acts leading to death or intending to cause death 40 24 0 0 58 33 0 0 5 16 0 0 103 73
Intentional homicide 15 12 0 0 0 2 0 0 0 0 0 0 15 14
Murder 5 4 0 0 0 0 0 0 0 0 0 0 5 4
Manslaughter 10 8 0 0 0 2 0 0 0 0 0 0 10 10
Non-intentional homicide 25 12 0 0 58 31 0 0 5 14 0 0 88 57
Wounds & blows causing death without intention to kill 20 7 0 0 5 8 0 0 0 4 0 0 25 19
Involuntary homicide 5 5 0 0 53 23 0 0 5 10 0 0 63 38
Illegal feticide (abortion) 0 0 0 0 0 0 0 0 0 2 0 0 0 2
Acts causing harm or intending to cause harm to the
person308 318 1 0 9,750 9,414 37 99 58 99 198 144 10,352 10,074
Serious assault 55 52 0 0 132 120 2 16 12 23 52 33 253 244
of which assault causing sickness or
incapacity for personal labour for
> 20 days
16 4 0 0 13 27 0 7 2 4 25 6 56 48
assault against an agent of Civil
Authority27 19 0 0 87 76 0 6 6 7 13 17 133 125
assault with premeditation 9 24 0 0 30 10 1 2 3 10 13 8 56 54
Minor assault 155 195 1 0 2,462 2,299 34 72 22 39 93 78 2,767 2,683
Simple Assaults/ wounds & blows 55 54 1 0 2,044 1,670 26 59 19 30 76 41 2,221 1,854
Offences under Protection from
Domestic Violence Act 100 141 0 0 418 629 8 13 3 9 17 37 546 829
Other assaults or threats 33 31 0 0 102 75 0 3 11 5 49 29 195 143
of which threatening in verbally/writing 27 28 0 0 48 56 0 2 11 4 43 28 129 118
Acts against liberty 16 6 0 0 0 0 0 0 1 0 0 0 17 6
Sequestration/kidnapping 13 5 0 0 0 0 0 0 0 0 0 0 13 5
Abducting Child (CPA) 4 3 1 0 0 0 0 0 0 1 0 0 0 4 1
0 for Nil
Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
45
46
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Coercion (extortion) 0 0 0 0 0 1 0 0 1 0 1 0 2 1
Negligence 17 11 0 0 4,506 4,614 1 8 5 16 2 0 4,531 4,649
Involuntary wounds & blows 6 0 0 0 368 307 0 0 0 6 0 0 374 313
Child ill-treatment (CPA) 6 4 0 0 5 9 1 7 1 0 2 0 15 20
Abandonment of Child (CPA) 0 0 0 0 0 1 0 1 1 0 0 0 1 2
Traffic offences under Road Traffic Act 5
Driving without due care and attention & dangerous
driving5 3 0 0 1,137 1,069 0 0 3 9 0 0 1,145 1,081
Making use of cellular phone whilst driving 0 4 0 0 2,996 3,228 0 0 0 1 0 0 2,996 3,233
Dangerous acts 32 23 0 0 2,548 2,305 0 0 6 16 1 4 2,587 2,348
of which offences under The Food Act 0 0 0 0 1,415 1,281 0 0 1 0 1 0 1,417 1,281
Traffic offences under Road Traffic Act
Driving motor vehicle with alcohol
concentration above prescribed limit 32 23 0 0 1,133 1,024 0 0 5 16 0 3 1,170 1,066
Injurious acts of a sexual nature 57 68 5 1 11 20 0 2 22 30 49 40 144 161
Sexual violence 47 53 5 1 1 4 0 2 21 25 36 32 110 117
Rape 5 6 0 0 1 0 0 0 0 0 0 0 6 6
Sodomy 6 5 1 1 0 0 0 0 2 1 0 2 9 9
Attempt upon chastity 17 26 3 0 0 4 0 2 13 6 2 5 35 43
Sexual intercourse with minor under 16; with
handicapped person; with specified person17 16 1 0 0 0 0 0 6 15 34 25 58 56
Incest (Sexual intercourse with specified person) 2 0 0 0 0 0 0 0 0 3 0 0 2 3
Sexual exploitation 10 15 0 0 10 16 0 0 1 5 13 8 34 44
Procuring, enticing and exploiting a person 0 0 0 0 0 6 0 0 0 1 0 3 0 10
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
47
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Causing child to be sexually abused; accessing to a
brothel;and engaging in prostitution (CPA)10 15 0 0 10 10 0 0 1 4 13 5 34 34
Acts against property involving violence or threat against
a person (Robbery)978 807 32 30 62 99 46 33 102 109 298 306 1,518 1,384
Larceny on public road 185 112 0 0 8 9 2 0 2 15 27 32 224 168
Larceny with violence by night breaking 14 19 2 0 1 1 0 2 0 1 7 16 24 39
Larceny armed with offensive weapon 57 67 1 0 4 7 0 0 1 1 2 1 65 76
Larceny with aggravating circumstances/violence upon
minors/handicapped persons166 147 8 1 9 15 19 7 37 12 37 45 276 227
Larceny by two or more individuals 556 462 21 29 40 67 25 24 62 80 225 212 929 874
Acts against property only 1,795 1,332 26 18 1,466 1,162 78 66 178 151 503 500 4,046 3,229
Burglary 549 496 14 9 44 48 5 3 33 34 94 95 739 685
Larceny by night breaking 224 189 4 5 6 12 2 0 17 18 37 23 290 247
Larceny (day) breaking 94 100 1 0 9 7 2 0 2 2 17 14 125 123
Larceny scaling 231 207 9 4 29 29 1 3 14 14 40 58 324 315
Theft 1,229 813 12 9 902 750 70 58 134 108 393 397 2,740 2,135
Attempt at larceny 133 83 7 4 39 37 1 2 4 14 25 26 209 166
Larceny by servant or any person in receipt of wages 65 42 0 0 16 5 22 10 46 40 152 148 301 245
Other simple larcenies 1,031 688 5 5 847 708 47 46 84 54 216 223 2,230 1,724
Intellectual property offences (Breach of Copyright Act) 0 1 0 0 66 21 0 0 6 1 0 0 72 23
Property damage 17 22 0 0 454 343 3 5 5 8 16 8 495 386
of which arson 3 5 0 0 1 0 0 0 2 1 1 1 7 7
Acts involving controlled drugs or other psychoactive
substances (Drug offences)212 275 0 0 1,812 1,532 9 9 27 1 8 16 2,068 1,833
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
48
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Acts involving fraud, deception or corruption 408 348 2 1 600 551 32 31 221 279 338 271 1,601 1,481
Fraud 68 72 0 0 102 119 3 11 64 52 31 45 268 299
of which issuing cheque without provision 22 28 0 0 79 103 2 0 32 33 22 35 157 199
swindling 44 44 0 0 22 15 1 11 31 19 9 10 107 99
Forgery/counterfeiting 130 62 0 0 83 36 3 0 85 86 82 56 383 240
Forgery of passport/making use of forged passport 1 13 0 0 3 0 0 0 1 9 19 12 24 34
Making use of forged document 34 19 0 0 29 3 1 0 35 17 20 0 119 39
Counterfeiting bank notes/possession/uttering of
counterfeit bank notes 20 2 0 0 1 3 1 0 1 5 2 3 25 13
Forgery 75 28 0 0 50 30 1 0 48 55 41 41 215 154
Corruption 36 21 0 0 53 37 6 3 41 41 42 37 178 139
Embezzlement (simple) 31 15 0 0 53 34 6 3 26 29 38 37 154 118
Offences under POCA 3
Bribery by Public Official 1 0 0 0 0 0 0 0 1 0 0 0 2 0
Bribery of Public Official 1 1 0 0 0 0 0 0 1 3 3 0 5 4
Other offences under POCA 3 5 0 0 0 3 0 0 13 9 1 0 17 17
Acts involving the proceeds of crime 140 169 2 1 308 315 17 16 26 74 169 129 662 704
Receiving and Possession of stolen property 140 139 2 1 292 240 17 16 26 68 169 129 646 593
Money laundering 0 30 0 0 16 75 0 0 0 6 0 0 16 111
Other acts involving fraud, deception or corruption 34 24 0 0 54 44 3 1 5 26 14 4 110 99
Demanding money or property by threat of false
accusation21 13 0 0 3 9 2 0 0 1 2 2 28 25
Usurping public function 4 0 0 0 1 0 0 0 0 1 0 0 5 1
Fraud and dishonesty other 9 11 0 0 50 35 1 1 5 24 12 2 77 73
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
49
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Acts against public order, authority and provisions of the
State970 667 1 3 4,530 3,888 11 23 69 56 234 175 5,815 4,812
Acts against public order behavioural standards 29 39 0 1 895 628 1 6 7 8 33 21 965 703
of which rogue and vagabond 28 39 0 1 382 359 1 6 7 8 32 21 450 434
Acts against public order sexual standards 7 3 0 0 51 33 2 0 9 1 3 1 72 38
Sexual offences other (e.g dealing in obscene matter) 3 0 0 0 5 6 0 0 9 0 0 0 17 6
Sollicits/importunes another person for immoral purpose 4 1 0 0 21 11 0 0 0 0 0 0 25 12
Indecent act in public 0 2 0 0 25 16 2 0 0 1 3 1 30 20
Acts contrary to public revenue or regulatory provisions 1 0 0 0 921 717 0 0 1 0 2 0 925 717
of which revenue offences 1 0 0 0 908 708 0 0 1 0 2 0 912 708
Acts against the justice system 933 625 1 2 2,472 2,221 8 17 52 47 196 153 3,662 3,065
of which swearing false affidavit 1 0 0 0 1 1 0 0 0 1 3 1 5 3
giving false evidence 0 0 0 0 0 2 0 0 0 0 0 0 0 2
breach of other conditions (Bail Act) 776 520 0 0 2,253 2,035 0 8 11 8 92 75 3,132 2,646
Acts related to democratic elections6 0 0 0 0 2 32 0 0 0 0 0 0 2 32
Acts contrary to labour law 0 0 0 0 189 257 0 0 0 0 0 0 189 257
Acts against public safety and state security 266 188 0 0 62,846 60,345 8 25 242 226 135 100 63,497 60,884
Acts involving weapons, explosives and other destructive
materials (Bearing offensive weapon)27 22 0 0 142 117 0 4 2 3 16 6 187 152
Acts against computer systems 132 89 0 0 173 100 0 21 7 47 115 90 427 347
Illegal/unauthorized access to and/or interception of
computer system/data132 80 0 0 154 46 0 8 7 24 111 45 404 203
Computer-related fraud/forgery 0 7 0 0 18 54 0 13 0 23 4 45 22 142
Child pornography 0 1 0 0 0 0 0 0 0 0 0 0 0 1
Indecent photographs of children 0 1 0 0 1 0 0 0 0 0 0 0 1 1
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
50
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Non-injurious traffic violations5 107 77 0 0 62,531 60,128 8 0 233 176 4 4 62,883 60,385
Acts against the natural environment 1 1 0 0 893 1,096 0 0 3 0 0 0 897 1,097
Environment Protection Act (breach of) 1 0 0 0 645 970 0 0 0 0 0 0 646 970
Offences under the Fisheries and Marine Resources Act 0 1 0 0 227 117 0 0 3 0 0 0 230 118
Offences under The Wild Life and National Parks Act 0 0 0 0 5 0 0 0 0 0 0 0 5 0
Offences under Forest and Reserve Act 0 0 0 0 16 9 0 0 0 0 0 0 16 9
Other criminal acts not elsewhere classified 66 104 48 33 4,722 4,651 16 19 45 53 43 86 4,940 4,946
of which offence under the Public Officers'
Protection Act /molesting /obstructing/
outrage against a Public Officer
4 6 0 0 200 109 0 3 1 4 7 5 212 127
offences under the Local Govt. Act 1 1 0 0 1,228 1,064 0 0 13 4 0 1 1,242 1,070
Information and Communication
Technology Act1 12 0 0 45 37 0 0 1 4 15 17 62 70
Total 5,101 4,132 115 86 86,750 82,791 237 307 972 1,020 1,806 1,638 94,981 89,974
of which road traffic contraventions5 144 107 0 0 67,797 65,449 8 0 241 202 4 7 68,194 65,765
1An offence may involve one or more persons and based on international classification of crime for Statistical purpose (ICCS) Version 1.0 (UNODC)
2 RYC and CYC stand for Rehabilitation and Correctional Youth Centres respectively
3 Prevention of Corruption Act
4 Child Protection Act
5 Exclude figures under fixed penalty notice
0 for Nil
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
51
Offences
Div II Div III
Acts leading to death or intending to cause
death2 0 1 3 2 5 1 0 2 0 5 36 13 0 3 73
Intentional homicide 0 0 0 0 2 0 0 0 0 0 0 0 12 0 0 14
Non-intentional homicide 2 0 1 3 0 5 1 0 2 0 5 34 1 0 3 57
Illegal feticide 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 2
Acts causing harm or intending to cause
harm to the person614 1,262 873 923 1,064 743 439 815 1,201 493 507 57 0 0 254 9,245
Assault 154 125 198 283 438 111 181 143 78 112 106 34 0 0 135 2,098
Serious assault 19 13 17 20 48 42 15 13 7 11 10 19 0 0 10 244
Minor assault (simple assault/wounds and
blows)135 112 181 263 390 69 166 130 71 101 96 15 0 0 125 1854
Other assaults or threats 6 4 9 11 43 24 5 8 7 7 11 4 0 0 4 143
Acts against liberty 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6
Coercion 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1
Negligence 236 615 554 359 372 385 185 396 989 314 175 9 0 0 60 4649
of which driving without due care and
dangerous driving64 118 100 166 182 94 78 99 8 91 39 2 0 0 40 1081
making use of cellular phone whilst driving 135 446 397 148 164 272 89 269 979 203 124 0 0 0 7 3233
Dangerous acts 218 518 112 270 211 222 68 268 127 60 215 4 0 0 55 2348
of which driving motor vehicle with
alcohol concentration above prescribed
limit2
70 93 85 202 73 48 31 145 16 51 196 4 0 0 52 1066
Injurious acts of a sexual nature 0 1 5 5 11 0 0 0 0 0 0 122 0 0 17 161
Sexual violence 0 1 5 5 1 0 0 0 0 0 0 98 0 0 7 117
of which rape 0 0 0 0 0 0 0 0 0 0 0 4 0 0 2 6
sodomy 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 9
Table 8.4 - Convicted offences1 by court, Republic of Mauritius, 2018
Port Louis Pample-
mousses
Riviere
du
Rempart
FlacqGrand
PortSavanne
Rose-
HillCurepipe
All
CourtsMoka
Black
River
Interme-
diateSC
2IC
3 Rodri-
gues
52
Offences
Div II Div III
sexual intercourse with minor
under 16; with handicapped
person; with specified person
0 0 0 0 0 0 0 0 0 0 0 53 0 0 3 56
Sexual exploitation 0 0 0 0 10 0 0 0 0 0 0 24 0 0 10 44
Acts against property involving violence or
threat against a person (Robbery)107 88 149 179 108 115 49 73 24 48 49 377 0 0 18 1,384
Acts against property only 235 176 454 425 398 214 132 263 68 133 183 454 0 0 94 3,229
Burglary 42 38 84 53 60 70 23 42 6 8 44 186 0 0 29 685
Theft 156 116 327 291 308 116 82 199 50 104 116 225 0 0 45 2135
Intellectual property offences 3 8 4 4 0 0 0 0 1 0 0 3 0 0 0 23
Property damage 34 14 39 77 30 28 27 22 11 21 23 40 0 0 20 386
Acts involving controlled drugs or other
psychoactive substances (drug offences)263 75 96 65 67 162 41 216 147 13 50 474 8 0 156 1,833
Acts involving fraud, deception or corruption 113 129 118 96 80 43 29 78 24 27 21 699 0 0 24 1,481
Fraud 13 44 16 29 11 4 5 18 7 13 2 136 0 0 1 299
Forgery/counterfeiting 2 4 1 1 3 3 0 3 1 1 2 217 0 0 2 240
Corruption 2 14 12 13 12 5 1 10 0 2 1 65 0 0 2 139
of which bribery by public official 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
bribery of public official 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 4
Acts involving the proceeds of crime 92 52 83 43 48 24 23 39 13 9 15 248 0 0 15 704
Other acts involving fraud, deception or
corruption4 15 6 10 6 7 0 8 3 2 1 33 0 0 4 99
Acts against public order, authority and
provisions of the State339 239 449 467 1,063 371 385 442 143 146 232 185 0 257 94 4,812
Acts against public order behavioural standards 18 79 42 45 112 75 32 83 73 29 36 10 0 0 69 703
Table 8.4 (cont'd) - Convicted offences1 by court, Republic of Mauritius, 2018
Port Louis Pample-
mousses
Riviere
du
Rempart
FlacqGrand
PortSavanne
Rose-
HillCurepipe
All
CourtsMoka
Black
River
Interme-
diateSC
2IC
3 Rodri-
gues
53
Offences
Div II Div III
Acts against public order sexual standards 1 1 6 1 5 1 0 12 7 0 2 0 0 0 2 38
Acts contrary to public revenue or regulatory
provisions11 48 28 125 200 102 144 25 0 2 23 6 0 0 3 717
of which revenue offences 11 46 28 125 200 102 143 24 0 2 23 1 0 0 3 708
Acts against the justice system 309 111 373 296 746 193 209 290 63 115 171 169 0 0 20 3065
Acts related to democratic elections 0 0 0 0 0 0 0 32 0 0 0 0 0 0 0 32
Acts contrary to labour law 0 0 0 0 0 0 0 0 0 0 0 0 0 257 0 257
Acts against public safety and state security 3,363 6,171 7,414 4,388 9,061 5,026 4,233 3,710 6,683 3,829 2,732 412 0 0 3,862 60,884
Acts involving weapons, explosives and other
destructive materials12 24 13 7 5 20 11 28 0 0 4 18 0 0 10 152
Acts against computer systems 0 0 0 0 0 0 0 0 0 0 0 341 0 0 6 347
Non-injurious traffic violations 3 3,351 6,147 7,401 4,381 9,056 5,006 4,222 3,682 6,683 3,829 2,728 53 0 0 3,846 60,385
of which speeding 94 648 921 112 767 349 103 568 401 59 288 0 0 0 42 4352
failing to wear seat belt
whilst driving152 234 484 209 783 451 240 280 656 103 120 0 0 0 102 3814
driving without licence 121 133 307 230 379 134 176 48 2 90 61 19 0 0 40 1740
protective helmet improperly
secured132 133 377 138 183 60 31 50 60 21 71 1 0 0 47 1304
Acts against the natural environment 2 466 29 65 172 208 32 86 8 2 6 0 0 0 21 1,097
Other criminal acts not elsewhere classified 545 982 177 331 1,139 348 277 655 287 125 225 249 0 0 435 5,775
Total 5,583 9,589 9,765 6,947 13,165 7,235 5,618 6,338 8,587 4,816 4,010 3,065 21 257 4,978 89,974
of which road traffic offences3 3,620 6,804 7,983 4,897 9,475 5,420 4,420 4,195 7,686 4,174 3,087 59 0 0 3,945 65,765
0 for Nil
2 Formerly 'Driving under the influence of liquor'
Table 8.4 (cont'd) - Convicted offences1 by court, Republic of Mauritius, 2018
Port Louis Pample-
mousses
Riviere
du
Rempart
FlacqGrand
PortSavanne
Rose-
HillCurepipe
All
Courts
1An offence may involve one or more persons and based on international classification of crime for Statistical
purpose (ICCS) Version 1.0 (UNODC)
3 Exclude figures on fixed penalty notice
MokaBlack
River
Interme-
diateSC
2IC
3 Rodri-
gues
54
Drug offences 2015 2016 2017 2018
Heroin 486 561 510 548
Importation 6 4 6 1
Dealing 15 8 9 17
Possession (heroin & articles) 407 497 422 482
Consumption 50 43 70 48
Other 8 9 3 0
Gandia 1,129 1,320 1,228 910
Importation 22 4 6 5
Cultivation 129 168 159 99
Dealing 87 33 64 48
Possession (gandia & articles) 656 873 738 580
Consumption 187 239 257 178
Other 48 3 4 0
Other drugs 748 341 330 375
Importation 6 1 1 3
Dealing 114 71 4 22
Possession (drugs & articles) 452 238 305 339
Consumption 68 17 9 11
Other 108 14 11 0
Total 2,363 2,222 2,068 1,833
Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2015 - 2018
55
Road traffic offences 2017 2018
Breach of condition attached to provisional licence/ carriers licence/ No letter 'L', etc. 5,630 4,778
Driving in wrong direction/on wrong side/ failing to keep right/ left/ No Entry, etc. 927 905
Driving under disqualification 89 60
Driving motor vehicle with alcohol concentration above prescribed limit 1,170 1,066
Driving without due care and attention & dangerous driving 1,145 1,081
Driving without licence 2,095 1,740
Exceeding speed limit 3,983 4,352
Expired certificate of fitness/insurance 128 161
Failing to comply with traffic sign 2,590 2,548
Failing to produce on demand or within delay: driving licence/photocopy/DLC/agreed
statement of facts/certificate of fitness/insurance/registration, etc.10,716 10,976
Failing to comply with police signal 790 606
Failing to submit to a breath/urine/blood test 272 215
Failing to wear high visibility clothing 2,004 2,038
Failing to wear or securely fasten crash helmet 1,400 1,304
Failing to wear seat belt whilst driving 3,635 3,814
Making use of cellular phone whilst driving 2,996 3,233
Not affixed: motor vehicle licence/insurance vignette/certificate of fitness & insurance, etc. 4,081 4,372
Overtaking related traffic offences 796 375
Parking related traffic offences 2,221 2,022
Taking motor vehicle without owner's consent 1,637 1,460
Uninsured motor vehicle/inoperative insurance policy 896 768
Unlicenced motor vehicle 660 525
Vehicle related traffic offences (inefficient silencer, allowing oil to drop, no mirror, no horn,
no brake, no side/rear lamps, worn out tyre, etc.)12,996 12,417
Other traffic offences (including bicycle contraventions) 5,337 4,949
Total 68,194 65,765
Table 8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,
2017 & 2018
56
57
10. THE LEGAL AID UNIT
During the year 2018, for the Republic of Mauritius, some 3,250 applications for legal
assistance were received, of which 3,225 were for civil cases. The number of legal aid
granted at the Supreme Court decreased by 21.1% from 1,653 in 2017 to 1,305 in 2018.
There were 874 recipients in 2018 with respect to matrimonial cases, 406 for other civil suits
and 25 for criminal cases (Table 9.1).
From 2017 to 2018, the total amount spent with respect to legal aid in the Republic of
Mauritius decreased by 24.5% from Rs 1,021,552 to Rs 771,446.
11. REVENUE AND EXPENDITURE OF THE JUDICIARY
For the financial year July 2017 to June 2018, the revenue collected (at the various courts of
the Island of Mauritius and the Court of Rodrigues) stood at around Rs 256 Million
(provisional), a drop of 4.7% compared to the last corresponding financial year figure of
Rs 269 Million (Table 10.1).
For the same period, the estimated expenditure of the Judiciary for the Republic of Mauritius
increased by 2.2% from Rs 684 Million to Rs 699 Million (provisional).
2015 2016 2017 2018
Received 3,184 3,289 2,674 3,250
Granted 1,890 1,723 1,653 1,305
Civil
Received 3,132 3,242 2,656 3,225
of which matrimonial 2,985 3,129 2,581 3,082
Granted 1,838 1,676 1,635 1,280
of which matrimonial 1,715 1,569 1,573 874
Criminal
Received & granted 52 47 18 25
1,179,968 1,154,520 1,021,552 771,446
January to June 2015 2015/2016 2016/2017 2017/2018
Fines,
penalties
& forfeits
93,039,442 223,180,292 229,804,763 219,295,645
Other1 23,008,493 50,559,255 38,971,335 36,786,011
Total 116,047,935 273,739,547 268,776,098 256,081,656
January to June 2015 2015/2016 2016/2017 2017/2018
Capital2 10,982,033 29,934,914 163,050,408 184,966,678
Recurrent3 234,519,674 534,081,984 520,923,242 513,910,492
Total 245,501,707 564,016,898 683,973,650 698,877,170
Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues1Other includes court, ushers and other miscellaneous fees
3Revised for 2016/2017
Table 9.1 - Legal aid assistance - applications received, services granted and amount paid -
Republic of Mauritius, 2015 - 2018
Civil and criminal
Amount paid (Rupees)
Table 10.1 - Revenue collected from courts, Republic of Mauritius, January to
June 2015, 2015/2016, 2016/2017 & 2017/2018
Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to
June 2015, 2015/2016, 2016/2017 & 2017/2018
2Refers to Island of Mauritius
58
Male Female Total Male Female Total
Chief Justice 1 0 1 1 0 1
Senior Puisne Judge 1 0 1 1 0 1
Puisne Judge 9 8 17 9 9 18
Judge in Bankruptcy & Master and Registrar 1 0 1 0 0 0
Deputy Master and Registrar & Judge in Bankruptcy 0 1 1 0 1 1
President, Intermediate Court (Civil & Criminal sides) 0 2 2 0 2 2
President, Industrial Court 0 1 1 0 1 1
Vice President, Intermediate and Industrial Courts 1 2 3 1 2 3
Magistrate Intermediate Court 4 7 11 3 11 14
Senior District Magistrate 2 11 13 5 11 16
District Magistrate 2 5 7 5 5 10
Judicial Research Officer 3 3 6 3 3 6
Secretary to Chief Justice 1 0 1 1 0 1
Chief Registrar 1 0 1 1 0 1
Deputy Chief Registrar 1 0 1 0 0 0
Senior Registrar/Regional Court Administrator 6 0 6 6 0 6
Adviser1 2 0 2 1 0 1
Chief Court Officer/Court Manager 23 0 23 23 0 23
Principal Court Officer 36 0 36 35 1 36
Senior Court Officer 21 57 78 17 59 76
Court Officer2 20 68 88 21 72 93
Chief/Principal Court Usher 11 0 11 13 0 13
Senior Court Usher/Court Usher 58 9 67 63 16 79
Senior Law Librarian/Law Librarian 0 0 0 0 0 0
Senior Law Library Officer 0 2 2 0 2 2
Law Library Officer/Assistant 1 11 12 1 11 12
Senior Transcriber 0 1 1 0 1 1
Transcriber 0 10 10 0 12 12
Other Supporting Staff 89 157 246 93 145 238
Total 294 355 649 303 364 667
1On contract
2Included Trainee Court Officers 0 for Nil
Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2017 & 2018
Job title2017 2018
59
Court 2015 2016 2017 2018
Supreme Court1 11 11 11 11
Family Court 2 2 2 2
Commercial Court 2 2 2 2
Intermediate Court 11 11 12 12
Industrial Court 2 2 2 2
Bail & Remand Court 1 1 1 1
District Courts
(Island of Mauritius)28 28 28 28
Court of Rodrigues 1 1 1 1
Total 58 58 59 59
Male Female Total Male Female Total Male Female Total Male Female Total
Practicing Barristers 428 229 657 453 249 702 486 284 770 507 301 808
of whom
Queen's Counsel 4 0 4 4 0 4 4 0 4 4 0 4
Senior Counsel 16 0 16 22 2 24 22 4 26 22 4 26
Practicing Attorneys 98 64 162 102 66 168 98 77 175 98 86 184
of whom
Senior Attorneys 17 2 19 20 3 23 19 3 22 19 3 22
Practicing Notaries 44 23 67 43 26 69 44 27 71 44 29 73
0 for Nil
Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2015 - 2018
2015 2016 2017 2018
Table 11.2 - Court rooms by type of court, Republic of Mauritius, 2015 - 2018
60
Courses/Training 2017 2018
Continuing Professional Development Courses 50 59
Workshop - Law Practitioners 20 12
Workshop - Judges 3 4
Workshops - Magistrates 7 8
Workshops - Court Personnel 2 4
Workshops - Police Officers 2 3
Workshops - IJLS Staff 1 3
Seminars 1 2
Total 86 95
0 for Nil
Male Female Total Male Female Total
Full time
Chairperson 0 1 1 0 1 1
Director 0 1 1 0 1 1
Other Supporting Staff 0 4 4 0 4 4
On Contract
Legal Researcher 1 1 2 2 2 4
Legal Intern 1 1 2 1 3 4
Total 2 8 10 3 11 14
1 Excluding 6 part time staff from The Judiciary to IJLS for year 2018
0 for Nil
Table 12.1 - Courses and training carried out by the Institute for Judicial and Legal
Studies (IJLS), 2017 & 2018
Table 12.2 - Staff 1 of the Institute for Judiciary and Legal Studies, Republic of Mauritius,
2017 & 2018
Job title
2017 2018
61
Annex I
SUPREME COURT LIBRARY AND INFORMATION SERVICE
This report and the following are available at https://supremecourt.govmu.org:
1. The Laws of Mauritius
2. Judgments of the Supreme Court and the Privy Council
3. Judgments of the Master’s Court
4. Judgments of the District Courts
5. Judgments of the Industrial Court
6. Judgments reported in the Mauritius Reports as from 1861
7. Acts, regulations, proclamations, reprints and bills
8. Students’ theses
9. Directory of the legal professionals
10. News of the Judiciary
11. Weekly cause lists of all courts
12. Links to law websites
13. Examination papers - Barristers/Attorneys/Notaries
For more information, contact:
Mrs. C. Bandinah (Statistician)
Mrs. V. Busgeeth (Senior Statistical Officer)
Statistics Unit, The Judiciary
Tel: 213-3055
e-mails: [email protected]
Annex II
GLOSSARY OF TERMS
1. Absolute discharge is complete and unconditional release.
2. Acts against liberty is taking away or limiting the movement or liberty of a person.
3. Acquitted is defined as a determination by the Court that a defendant is not guilty of the
charge(s) on the grounds that the charge has not been proven and/or due to lack of
evidence or no evidence given by the prosecution.
4. Adjudicated is defined as the outcomes of the judgment or decision by the Court as to
whether or not the defendant is guilty of the charge(s) laid against him. These outcomes
include: acquitted (dismissed), guilty finding and guilty plea.
5. Assault is defined as intentional or reckless application of physical force inflicted upon
the body of a person.
6. Burglary is the unlawful entry into someone else’s premises with the intention to commit
a theft.
7. Case is one or more defendants against whom one or more charge(s) have been laid and
which are heard together by a Court as one unit of work. The charge(s) usually relate to
the same criminal incident.
8. Coercion is demanding a particular course of action through the use of force, threat
intimidation, threat to reveal compromising information, or threat of defamation.
9. Community Service Order is a sentence requiring an offender to perform unpaid
community work e.g following imprisonment or non-payment of fines.
10. Conditional discharge is a sentence whereby an offender is released under certain
conditions, e.g. to be of good behaviour for a specified period of time.
11. Contraventions (least serious offences) are defined as offences that are punishable by:
a) imprisonment for a term not exceeding 10 days;
b) fine not exceeding 5,000 rupees.
12. Criminal case is a case dealing with an offender indicted for an offence as defined by the
law.
13. Custodial Orders are sentences imposed on a defendant that require detention, e.g.
correctional or rehabilitation institutions, etc.
14. Dangerous acts are bodily harm or potential for bodily harm caused by a person’s
dangerous behaviour or act carried out with the knowledge that the act has potential to
cause harm.
15. Drug offences are as spelt out under the Dangerous Drug Act 2000. They relate mainly
to drugs like gandia, heroin, hashish, opium, cocaine and other psychotropic substances.
16. Embezzlement is defined as the wrongful appropriation of another person’s property that
is already in the possession of the person doing the appropriating.
17. Forgery/counterfeiting is creating, manufacturing, selling, passing or possessing a false
imitation of goods, or an instrument to create a false imitation of goods.
18. Fraud is defined as the acquisition of another person’s property by deception.
19. Illegal feticide is defined as unlawful death of a foetus intentionally procured or
conducted by a person.
20. Intellectual property offences are unlawful copying, using, reproducing or other
infringements of copyrights, patents, trademarks or other intellectual property.
21. Intentional homicide is defined as unlawful death inflicted upon a person with the intent
to cause death.
22. Interim Protection Order is an order that is issued when the victim spouse or child or
any other person living under the same roof, requires urgent protection from the
perpetrator.
23. Jurisdiction is defined as the legal power or authority which may be exercised by a
particular court level and within which the judgments or orders of the court can be
enforced or executed. Each court level has its own defined jurisdictional limits.
24. Juvenile is defined as a person aged from 12 to 17 years inclusive.
25. Minor assault is intentional or reckless application of minor physical force inflicted
upon the body of a person resulting in no injury or minor bodily injury.
26. Murder is unlawful death inflicted upon a person with the intent to cause death or
serious injury, including when premeditated and/or with malice aforethought.
27. Negligence is defined as bodily harm or potential for bodily harm from a person’s
negligent, reckless or careless behaviour.
28. Non-adjudicated is the formal withdrawal of charge(s) by the Prosecution (e.g. police,
Director of Public Prosecutions or Attorney-General) or by the courts; it includes Nolle
Prosequi and struck out.
29. Non-Custodial Orders are sentences imposed on a defendant that do not require custody
and include e.g. Community Service Orders, Probation Orders, Conditional or Absolute
Discharge Orders, licence disqualification/suspension, etc.
30. Non-injurious traffic violations is the criminal acts under the traffic code and traffic
regulations by a person that do not result in injury or death.
31. Occupation Order is an order that grants the victim the exclusive right to live in the
residence belonging to him, to the perpetrator or to both of them. It may last for a period
not exceeding 24 months.
Annex II
32. Probation Order is a sentence whereby an offender is placed under the supervision of a
probation officer for a period not less than one nor more than three years.
33. Property offence includes theft, fraud, embezzlement, damage to property and illegal
possession of property and stolen goods.
34. Protection Order is an order which prevents the spouse from engaging in any further act
of violence; orders him/her to be of good behaviour and lasts for a period not exceeding
24 months.
35. Proven guilty is defined as an outcome of criminal proceedings in which a court accepts
that a charge is proven through a guilty plea entered by a defendant or the defendant is
found guilty by the court. In the Magistrates' and Children's Courts, this includes
defendants found guilty.
36. Revocation Order is when either party (victim or perpetrator) may apply to the court for
a revocation of a Protection Order which is already in force.
37. Robbery is the theft of property from a person, overcoming resistance by force or threat
of force.
38. Serious assault is defined as intentional or reckless application of serious physical force
inflicted upon the body of a person resulting in serious bodily injury.
39. Sexual violence is defined as unwanted sexual act, attempt to obtain a sexual act, or
contact or communication with unwanted sexual attention without valid consent or with
consent as a result of intimidation, force, fraud, coercion, threat, deception, use of drugs
or alcohol, or abuse of power or of a position of vulnerability.
40. Sexual exploitation is defined as acts of abuse of a position of vulnerability, power or
trust, or use of force or threat of force, for profiting financially, physically, socially or
politically from the prostitution or sexual acts of a person.
41. Tenancy Order is an order which gives the victim the exclusive use of the house which
one or both partners are renting. Before issuing a Tenancy Order the Magistrate has to
hear the partners, the witnesses, the landlord and all those who have an interest in the
house.
42. Theft is defined as unlawfully taking or obtaining of property with the intent to
permanently withhold it from a person or organization without consent and without the
use of force, threat of force or violence, coercion or deception.
Annex III
General Structure of International Classification of Crime for Statistical Purposes
(ICCS) Version 1.0
Section 01 Acts leading to death or intending to cause death
0101 Intentional homicide
0102 Attempted intentional homicide
0103 Non-intentional homicide
0104 Assisting or instigating suicide
0105 Euthanasia
0106 Illegal feticide
0107 Unlawful killing associated with armed conflict
0109 Other acts leading to death or intending to cause death
Section 02 Acts causing harm or intending to cause harm to the person
0201 Assaults and threats
02011 Assault
020111 Serious assault
020112 Minor assault
02012 Threat
02019 Other assaults or threats
0202 Acts against liberty
0203 Slavery and exploitation
0204 Trafficking in persons (TIP)
0205 Coercion
0206 Negligence
02063 Making use of cellular phone whilst driving
0207 Dangerous acts
020721 Driving motor vehicle with alcohol concentration above prescribed
limit
0208 Acts intended to induce fear or emotional distress
0209 Defamation or insult
0210 Discrimination
0211 Acts that trespass against the person
0219 Other acts causing harm or intending to cause harm to the person
Section 03 Injurious acts of a sexual nature
0301 Sexual violence
03011 Rape
03019 Sodomy
0302 Sexual exploitation
0309 Other injurious acts of a sexual nature
Section 04 Acts against property involving violence or threat against a person
0401 Robbery
0409 Other acts against property involving violence or threat against a person
Section 05 Acts against property only
0501 Burglary
0502 Theft
050211 Larceny of motor vehicles
0503 Intellectual property offences
0504 Property damage
0509 Other acts against property only
Section 06 Acts involving controlled drugs or other psychoactive substances
0601 Unlawful acts involving controlled drugs or precursors
0602 Unlawful acts involving alcohol, tobacco or other controlled substances
0609 Other acts involving controlled drugs or other psychoactive substances
Section 07 Acts involving fraud, deception or corruption
0701 Fraud
0702 Forgery/counterfeiting
0703 Corruption
07031 Bribery by public official
07031 Bribery of public official
0704 Acts involving the proceeds of crime
0709 Other acts involving fraud, deception or corruption
Section 08 Acts against public order, authority and provisions of the State
0801 Acts against public order behavioural standards
0802 Acts against public order sexual standards
0803 Acts related to freedom of expression or control of expression
0804 Acts contrary to public revenue or regulatory provisions
0805 Acts related to migration
0806 Acts against the justice system
0807 Acts related to democratic elections
0808 Acts contrary to labour law
0809 Other acts against public order, authority and provisions of the State
Section 09 Acts against public safety and state security
0901 Acts involving weapons, explosives and other destructive materials
0902 Acts against health and safety
0903 Acts against computer systems
0904 Acts against state security
0905 Acts related to an organized criminal group
0906 Terrorism
0907 Non-injurious traffic violations
0907 Speeding
0907 Failing to wear seat belt whilst driving
0907 Driving without licence
0907 Protective helmet improperly secured
0909 Other acts against public safety and state security
Section 10 Acts against the natural environment
1001 Acts that cause environmental pollution or degradation
1002 Acts involving the movement or dumping of waste
1003 Trade or possession of protected or prohibited species of fauna and flora
1004 Acts that result in the depletion or degradation of natural resources
1009 Other acts against the natural environment
Section 11 Other criminal acts not elsewhere classified
1101 Acts under universal jurisdiction
1102 Acts contrary to youth regulations and acts on minors
1109 Other criminal acts not elsewhere classified