Eliminating The “Provisional Charge” From Mauritian Legislation

The option of filing a “provisional charge” against a suspect such that the latter is kept in custody (sometimes, while waiting for his trial), which is unique to Mauritian practices, might soon be removed from the legislation.


The government is currently reviewing the relevance of the “provisional charge”. No formal decision has been communicated to the public but the practice might be cut off from Mauritian law.

PM Sir Anerood Jugnauth has explained that they are evaluating whether the concept is still valid given the significant improvements the authorities wish to apply to the Mauritian police force.

The government plans to introduce a modern legislation by taking as example the British “Police and Criminal Evidence Act” to eliminate any arbitrary or abusive tendencies of the system of “provisional charges”.

The PM added that the procedures would take time because of its complex and sensitive nature.

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