annual report - supreme court of mauritius report of...staff of the judiciary and court rooms 11.1 -...

August 2018

Republic of Mauritius

ANNUAL REPORT

OF

THE JUDICIARY

2017

ANNUAL REPORT

OF

THE JUDICIARY

2017

i

JUDGES OF THE SUPREME COURT

Year 2017

CHIEF JUSTICE

Honourable Kheshoe Parsad MATADEEN

SENIOR PUISNE JUDGE

Honourable Marc France Eddy BALANCY

PUISNE JUDGES

1. Honourable Ah Foon CHUI YEW CHEONG (Retired on 12 August 2017)

2. Honourable Asraf Ally CAUNHYE

3. Honourable Abdurrafeek HAMUTH

4. Honourable Hima Nalini MATADEEN

5. Honourable Joseph Gérard ANGOH

6. Honourable Bibi Rehana MUNGLY-GULBUL

7. Honourable Deviyanee BEESOONDOYAL (Retired on 29 September 2017)

8. Honourable Nirmala DEVAT

9. Honourable David CHAN KAN CHEONG

10. Honourable Rita TEELOCK

11. Honourable Prithviraj FEKNA

12. Honourable J Benjamin G MARIE JOSEPH

13. Honourable Oomeshwarnath BENY MADHUB

14. Honourable Aruna Devi NARAIN

15. Honourable Mohammad Iqbal MAGHOOA

16. Honourable Gaitree JUGESSUR-MANNA

17. Honourable Nicholas François OHSAN-BELLEPEAU

18. Honourable Veronique KWOK YIN SIONG YEN

19. Honourable Shameen Banon Ayyub Hamuth LAULLOO

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, 2014 - 2017 12

1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2014 - 2017 13

1.3 - Offences disposed of by type of offence at the Criminal Division of the

Supreme Court (Assizes), 2014 - 201713

1.3a - Offences disposed of by type of offence and outcome of judgment at the

Criminal Division of the Supreme Court (Assizes), 2014 - 2017 14

1.4 - Appellate Jurisdiction at the Supreme Court, 2014 - 2017 15

1.5 - Civil cases at the Supreme Court, 2014 - 2017 16

1.6 - Divorce cases, Republic of Mauritius, 2014 - 2017 17

1.7 - Divorces/Judicial separations pronounced by number of children involved in

the marriage, Republic of Mauritius, 2014 - 201718

1.8 - Divorces pronounced by petitioning parties and grounds, Republic of

Mauritius, 2014 - 201719

1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),

Republic of Mauritius, 2014 - 201720

1.10 - Civil cases at the Mediation Division of the Supreme Court, 2014 - 2017 21

Intermediate Court 22

2.1 - Civil and criminal cases at the Intermediate Court, 2014 - 2017 22

Industrial Court 23

3.1 - Civil and criminal cases at the Industrial Court, 2014 - 2017 23

Bail & Remand Court and Weekend Court 24

4.1 - Cases at the Bail & Remand Court (BRC), 2014 - 2017 24

5.1 - Cases at the Weekend Court, 2014 - 2017 24

District Courts 25

6.1 - Civil and criminal cases at the District Courts, 2014 - 2017 26

6.2 - Criminal cases at the District Courts, 2014 - 2017 27

6.3 - Civil cases at the District Courts, 2014 - 2017 28

6.4 - Cases postponed on the day of trial at the District Courts, 2017 29

6.5 - Plaint with summons (civil) cases at the District Courts, 2014 - 2017 30

HIGHLIGHTS & TABLES

C O N T E N T S

6.6 - Small Claim Procedure at the District Courts, 2014 - 2017 30

6.7 - State debts cases at the District Courts, 2014 - 2017 31

6.8 - Cases under the Protection from Domestic Violence Act 1997 at the

District Courts, 2014 - 201731

6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the

District Courts, 2016 & 201732

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, 2016 & 2017

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, 2017

33

6.12 - Protection Orders (spouse/partner) under the Protection from Domestic

Violence Act 1997 at the District Courts, by age-group & sex, 201734

Cases (civil and criminal) in the Republic of Mauritius 36

7.1 - Total cases, Republic of Mauritius, 2014 - 2017 37

7.2 - Total criminal cases, Republic of Mauritius, 2014 - 2017 38

7.3 - Total civil cases, Republic of Mauritius, 2014 - 2017 39

Crime Statistics 41

8.1 - Criminal offences disposed of according to United Nations classification of

offences (broad categories), Republic of Mauritius, 2016 & 201742

8.2 - Criminal offences disposed of by courts and outcome of judgment,

Republic of Mauritius, 2016 & 201743

8.3 - Convicted offences according to United Nations classification of offences,

Republic of Mauritius, 2016 & 201745-49

8.4 - Convicted offences by court and according to United Nations classification of

offences (broad categories), Republic of Mauritius, 201750

8.5 - Drug offences convicted by type, Republic of Mauritius, 2014 - 2017 51

8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,

2016 & 201752

The Legal Aid Unit and Revenue and Expenditure of the Judiciary 53

9.1 - Legal aid assistance - applications received, services granted and amount paid -


54

10.1 - Revenue collected from courts, Republic of Mauritius, 2014, January to June

2015, 2015/2016 & 2016/2017

54

10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2014, January to June

2015, 2015/2016 & 2016/2017

54

Staff of the Judiciary and court rooms

11.1 - Staff of the Judiciary, Republic of Mauritius, 2016 & 2017 55

11.2 - Court rooms by type of court, Republic of Mauritius, 2014 - 2017 56

11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),


12.1 - Courses and training carried out by the Institute for Judicial and Legal Studies

(IJLS), 2016 & 201757

12.2 - Staff of the Institute for Judiciary and Legal Studies, Republic of Mauritius,

2016 & 201757

1.5a - Cases lodged at the Supreme Court, 2016 & 2017 17

1.5b - Cases disposed of at the Supreme Court, 2016 & 2017 17

1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),

Republic of Mauritius, 201720

District Courts

6.1a - Civil and criminal cases lodged, disposed of and outstanding at the

District Courts, Republic of Mauritius, 2016 & 201735

6.1b - Civil and criminal cases disposed of by District Courts, 2016 & 2017 35

Cases (civil and criminal) in the Republic of Mauritius

7.1 - Total cases lodged, disposed of and outstanding, Republic of Mauritius,

2016 & 201740

7.2 - Total criminal cases lodged, disposed of and outstanding,


7.3 - Total civil cases lodged, disposed of and outstanding, Republic of Mauritius,

2016 & 201740

Crime Statistics

8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2017 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

1. 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.

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.

1.3.2 Main Achievements for 2015/16

Pilot Phase E-Judiciary System completed.

Number of outstanding cases at the Mediation Division of the Supreme Court has

considerably been reduced from 39 in 2015 to 26 in 2016.

Training/Capacity building conducted:

(i) Training on Case Management at Institute for Judicial and Legal Studies for Court

Managers.

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(ii) Commonwealth Secretariat training courses in December 2015 on Judicial Independence,

Ethics and Judgment Writing for Judges and Magistrates.

(iii) Sponsoring of Diploma in Legal Studies and Court Administration - 14 Officers of the

Court Cadre are following the said Course (August 2015- December 2016).

1.3.3 Key Actions for 2016/17

Revamping of the Video Conferencing System at the New Court House and the Prisons to

reduce costs and enhance security and constitutional rights of suspects.

Video Conferencing System revamped at the New Court House and prisons: 100%.

Revamping of the Digital Court Recording System to enable faster and better quality court

records.

Percentage of District Courts with upgraded Digital Court Recording System: 70 %

1.3.4 Human Resource Allocation

The Judiciary has 706 funded positions for 2016/17.

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), sits as 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.

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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 500,000;

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

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.

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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

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.

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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;

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 500,000. 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.

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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 50,000. Conversely, District Magistrates have exclusive jurisdiction in

landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.

(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 25,000 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

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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.

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

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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

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.

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

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 among 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.

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

9

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 Magistrates 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

decreased by 6%, to 9,263 in 2017 from 9,810 in 2016 (Table 1.1).

However, the total number of cases disposed of (excluding appeal cases) at the

Supreme Court increased by 3%, to 8,978 in 2017 from 8,752 in 2016.

A physical count of the total number of outstanding cases (excluding appeal cases)

showed that 9,516 cases were not yet disposed of at the end of the year 2017,

representing a significant rise of 4% over the figure of 9,166 in 2016 (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), remained at 26 in 2016 and 2017 with an increase in custodial

sentence for manslaughter from 4 to 10 whilst that for murder decreased from 5 to 4.

The number of convictions for drug offences fell from 15 in 2016 to 9 in 2017 (Table

1.3a).

2.3 Appellate Jurisdiction

In 2017, some 374 appeal cases (221 civil and 153 criminal) were lodged at the

Supreme Court with an increase of 8% over the 2016 figure of 345. About 30% of the

221 civil appeals were from lower Courts. On the contrary, most (95%) of 153

criminal appeal cases lodged were from the lower Courts and the remaining 7 cases

from the Court of Criminal Appeals.

The total number of cases disposed of at the Appellate Jurisdiction decreased by 7%, to

287 in 2017 from 307 in 2016 due to drops of 9% in criminal cases to 132 and 4% in

civil cases to 155.

At the end of year 2017, some 667 cases (433 civil and 234 criminal) were physically

counted, up by 15% against 580 in 2016 (Table 1.4).

2.4 Family Division

The total number of divorce petitions lodged for the Republic of Mauritius decreased

by 2%, to 2,617 in 2017 from 2,681 in 2016. This was due to a fall of 3% for Mauritius

and a rise of 26% for Rodrigues (Table 1.6).

Conversely, the number of divorce petitions disposed of increased by 3%, to 2,364 in

2017 from 2,293 in 2016. About 84% of the 2,364 divorce cases disposed of resulted in

‘divorce pronounced’ (Table 1.6).

In 2017, around 44% of the petitioners were females compared to 29% of males; 65%

were married for 14 years or less; 27% of divorces were pronounced on mutual consent

from both parties and 64% had only one or no child from the marriage (Tables 1.7 to

1.9).

A physical count of the total number of cases outstanding was 2,122 at the end of year

2017, a rise of 14% over the 2016 figure of 1,869.

11

2.5 Mediation Division

The number of civil cases received at the Mediation Division of the Supreme Court

decreased from 97 in 2016 to 31 in 2017. Out of 57 cases (31 received in 2017 and 26

pending at the beginning of 2017), about 63% were referred back to court and 18%

were recorded agreements but there was no case of purely and simply struck out/set

aside.

The number of outstanding cases at the end of 2017 dropped to 11, from 26 for the

same period in 2016 (Table 1.10).

Table 1.1 - All cases at the Supreme Court, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Appeal cases 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667

Civil 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433

Criminal 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234

Other cases 9,258 8,055 8,108 9,231 9,154 9,091 9,810 9,263 10,357 9,381 8,752 8,978 8,055 7,765 9,166 9,516

Civil1 9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485

Criminal 35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31

Total 10,023 8,594 8,650 9,811 9,483 9,394 10,155 9,637 10,912 9,681 9,059 9,265 8,594 8,307 9,746 10,183

1 Civil cases (Master's Court) pending at the beginning of year 2017 revised in light of physical count carried out at the end of the year 2016

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), 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31

20 28 20 19 32 18 11 18 24 26 12 18 28 20 19 19

15 8 15 10 7 17 9 10 14 10 14 8 8 15 10 12

Murder

Manslaughter

Rape

Sodomy

Heroin

Importation

Dealing * *

Possession * *

Other * *

Cannabis/gandia

Importation

Possession * *

Cultivation * * -

Other drugs2

Total

1A case may comprise one or more offences * Not collected separately prior to 2016 - Nil

2Other drugs include importation/trafficking/possession of other drugs (e.g hashish, subutex, buprenorphine, etc.)

40 36 33 30

4 -

2

- 6 1 3

6 -

4 -

1 - 1 -

16 4 4 7

1 -

Aiding & abetting in the

commission of a crime- 1 - -

Trial without Jury 17 10 21 12

3 - - -

3 - - -

8 13 5 11

Wounds and blows causing death

without intention to kill but with

premeditation

3 7 2 2

Trial by Jury 23 26 12 18

6 5 5 5

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), 2014 - 2017

Offences 2014 2015 2016 2017

Cases pending at the

beginning of the yearCases lodged Cases disposed of

Cases outstanding at the

end of the year

Criminal Division

13

2014 2015 2016 2017

Total convictions 39 34 26 26

Imprisonment 35 32 26 25

Intentional homicide 14 17 9 14

Murder 6 4 5 4

Manslaugher 8 13 4 10

Non intentional homicide 3 7 2 2

Wounds and blows causing death2 3 7 2 2

Sexual offences 6 - - -

Rape 3 - - -

Sodomy 3 - - -

Drug offences 12 8 15 9

Importation of heroin 11 3 4 6

Possession of heroin * * 4 -

Other heroin * * 3 -

Importation of cannabis 1 - 1 -

Possession of cannabis * * 3 -

Cultivation of cannabis * * - 1

Other3 - 5 - 2

Fine 4 2 - 1

Drug offences 4 2 - 1

Importation of heroin 4 1 - -

Other3 - 1 - 1

1 2 7 4

Intentional homicide - 1 1 2

Murder/Manslaughter - 1 1 2

Drug offences 1 - 6 2

Importation of heroin 1 - - 1

Dealing heroin * * 1 -

Possession of heroin * * 2 -

Other heroin * * 1 -

Possession of cannabis * * 1 -

Cultivation of cannabis * * - 1

Other3 - - 1 -

Other offences - 1 - -

Aiding & abetting in the commission

of a crime - 1 - -

Total 40 36 33 30

1A case may comprise one or more offences - Nil

* Not collected separately prior to 2016

Table 1.3a - Offences1 disposed of by type of offence and outcome of judgment at the

Criminal Division of the Supreme Court (Assizes), 2014 - 2017

Dismissed/Struck Out/Nolle Prosequi

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.)

14

Table 1.4 - Appellate Jurisdiction at the Supreme Court, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Civil 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433

Civil appeals from

lower Courts127 102 85 79 43 42 48 64 68 59 54 42 102 85 79 101

Appeals from

decisions of the Judge

sitting at Chambers,

Tribunals & other

authorities, etc.

218 123 143 174 56 48 77 85 151 28 46 58 123 143 174 201

Court of Civil

Appeals136 109 106 114 81 50 70 72 108 53 62 55 109 106 114 131

Criminal 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234

Criminal appeals from

lower Courts270 200 204 211 146 157 147 146 216 153 140 129 200 204 211 228

Court of Criminal

Appeals14 5 4 2 3 6 3 7 12 7 5 3 5 4 2 6

Total 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667




of the year

15

Table 1.5 - Civil cases at the Supreme Court, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Commercial Court 797 538 757 801 1,672 1,596 1,599 1,687 1,931 1,720 1,555 1,567 538 414 801 921

Chambers 147 112 121 107 843 735 697 707 878 736 711 706 112 111 107 108

Commercial matters 593 419 523 581 757 780 714 704 931 900 656 587 419 299 581 698

Bankruptcy petitions 57 7 113 113 72 81 188 276 122 84 188 274 7 4 113 115

Master's Court 1 1,515 1,488 1,595 1,797 572 589 699 408 599 482 562 461 1,488 1,595 1,732 1,744

Levy cases 819 776 828 994 351 345 459 184 394 293 358 275 776 828 929 903

Division in kind cases 696 712 767 803 221 244 240 224 205 189 204 186 712 767 803 841

Family Division 2,589 2,223 2,004 2,522 3,722 3,952 4,033 3,861 4,088 4,171 3,515 3,633 2,223 2,004 2,522 2,750

Divorce petitions 1,925 1,507 1,446 1,837 2,292 2,475 2,603 2,519 2,710 2,536 2,212 2,285 1,507 1,446 1,837 2,071

Motions (alimony, child

custody, etc.)372 441 335 422 574 609 590 505 505 715 503 552 441 335 422 375

Chambers 292 275 223 263 856 868 840 837 873 920 800 796 275 223 263 304

Registry (Le Greffe) 3,797 3,292 3,218 3,642 1,107 948 1,295 1,123 1,612 1,022 871 1,069 3,292 3,218 3,642 3,696

Plaints with summons 3,325 3,049 2,956 3,262 784 661 894 714 1,060 754 588 742 3,049 2,956 3,262 3,234

Motions and other

applications & Reference from

Chambers

472 243 262 380 323 287 401 409 552 268 283 327 243 262 380 462

Chambers (civil) 525 478 499 440 2,042 1,971 2,164 2,156 2,089 1,950 2,223 2,222 478 499 440 374

9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485

1 Civil cases pending at the beginning of year 2017 revised in light of physical count carried out at the end of the year 2016




of the year

Total

16

17

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

Co

mm

erc

ial

Co

urt

Mas

ter'

s C

ou

rt

Fa

mily

Div

isio

n

Ch

am

bers

Re

gis

try

Civ

il

Re

gis

try

Cri

min

al

Ap

pell

ate

Civ

il

Ap

pell

ate

Cri

min

al

Nu

mb

er

of

cases

Figure 1.5b - Cases disposed of at the Supreme Court, 2016 & 2017

2016

2017

Table 1.6 - Divorce cases, Republic of Mauritius, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Cases pending at the beginning of

the year1,925 1,507 1,446 1,837 34 24 35 32 1,959 1,531 1,481 1,869

Cases lodged 2,292 2,475 2,603 2,519 92 81 78 98 2,384 2,556 2,681 2,617

Cases disposed of: 2,710 2,536 2,212 2,285 102 70 81 79 2,812 2,606 2,293 2,364

Divorce pronounced 2,175 2,097 1,840 1,921 87 64 70 75 2,262 2,161 1,910 1,996

Withdrawn/Struck out/Set aside 522 430 367 357 15 6 11 3 537 436 378 360

Dismissed 11 7 4 6 - - - 1 11 7 4 7

Judicial separation 2 2 1 1 - - - - 2 2 1 1

Cases outstanding at the end of the

year1,507 1,446 1,837 2,071 24 35 32 51 1,531 1,481 1,869 2,122

- Nil

Island of Mauritius Island of Rodrigues Republic of Mauritius

18

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

0 746 711 636 664 18 10 17 18 764 721 653 682

1 685 648 576 573 30 26 26 24 715 674 602 597

2 534 529 463 502 28 15 17 20 562 544 480 522

3 172 171 139 150 6 9 8 8 178 180 147 158

4 33 34 23 29 4 4 - 1 37 38 23 30

5 5 6 2 3 - - 2 3 5 6 4 6

6 and above 2 - 2 1 1 - - 1 3 - 2 2

Total 2,177 2,099 1,841 1,922 87 64 70 75 2,264 2,163 1,911 1,997

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Husband petitioner 595 616 534 565 22 12 17 22 617 628 551 587

Grounds:

Faute 352 331 281 281 18 10 16 18 370 341 297 299

Rupture de vie

commune21 34 23 13 1 - - - 22 34 23 13

Aux torts partagés 222 251 230 271 3 2 1 4 225 253 231 275

Wife petitioner 1,061 968 838 828 57 43 43 44 1,118 1,011 881 872

Grounds:

Faute 774 664 526 519 56 36 39 34 830 700 565 553

Rupture de vie

commune9 8 9 4 - - - - 9 8 9 4

Aux torts partagés 278 296 303 305 1 7 4 10 279 303 307 315

Joint petitioners

(both husband & wife)519 513 468 528 8 9 10 9 527 522 478 537

Ground:

Mutual consent 519 513 468 528 8 9 10 9 527 522 478 537

Total 2,175 2,097 1,840 1,921 87 64 70 75 2,262 2,161 1,910 1,996

- Nil

Petitioning party &

grounds


Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius,

2014 - 2017

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, 2014 - 2017

19

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Under 5 389 407 368 340 9 8 17 11 398 415 385 351

5 - 9 664 560 486 508 27 12 19 22 691 572 505 530

10 - 14 438 453 390 399 19 18 12 11 457 471 402 410

15 - 19 300 288 268 307 10 10 11 12 310 298 279 319

20 - 24 196 210 170 181 10 7 2 1 206 217 172 182

25 - 29 116 104 88 110 5 2 4 3 121 106 92 113

30 and above 74 77 71 77 7 7 5 15 81 84 76 92

Total 2,177 2,099 1,841 1,922 87 64 70 75 2,264 2,163 1,911 1,997

Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2014 - 2017

Duration of

marriage (years)


20

10 yrs and less than 20 yrs

37%

20 yrs and above

19%

less than 10 yrs

44%

Figure 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),


2014 2015 2016 2017

Cases pending at the beginning of the year 119 82 39 26

Cases received during the year 335 226 97 31

No of cases where agreement has been recorded 120 81 30 10

No of cases purely and simply struck out/set aside 19 3 9 -

233 185 71 36

Cases outstanding at the end of the year 82 39 26 11

- Nil

Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2014 - 2017

No of cases referred back to court (Master & Registrar) to

be fixed

21

22

3. INTERMEDIATE COURT

In 2017, the total number of cases lodged at the Intermediate Court decreased by 16%, to

2,625 from 3,107 in 2016 resulting from a drop of 27% in the number of civil cases and a

rise of 3% in the number of criminal cases.

Conversely, an increase of 4% was noted in the total number of cases disposed of due to a

rise 12% in civil cases and a fall of 6% in criminal cases.

From 2016 to 2017, the number of cases outstanding dropped significantly by 14%, from

4,957 to 4,260.

Table 2.1 - Civil and criminal cases at the Intermediate Court, 2014 - 2017

Civil cases Criminal cases Total

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Cases

pending at the

beginning of

the year

4,273 4,212 2,864 2,951 2,140 2,210 2,177 2,006 6,413 6,422 5,041 4,957

Cases lodged 2,051 1,886 1,947 1,429 1,290 1,277 1,160 1,196 3,341 3,163 3,107 2,625

Cases disposed

of 2,112 1,970 1,860 2,076 1,220 1,310 1,331 1,246 3,332 3,280 3,191 3,322

Cases

outstanding at

the end of the

year

4,212 4,128 2,951 2,304 2,210 2,177 2,006 1,956 6,422 6,305 4,957 4,260

23

4. INDUSTRIAL COURT

In 2017, the total number of cases lodged at the Industrial Court increased by 22%, to

1,526 from 1,255 in 2016 due to rises of 26% in civil cases and 4% in criminal cases.

Similarly, an overall increase of 11% was registered in the number of cases disposed of

with rises of 14% in civil cases and 1% in criminal cases.

At the end of the year 2017, a physical count of the total number of cases showed that

1,765 cases (1,463 civil and 302 criminal) were outstanding, a rise of 30% over the 2016

figure of 1,362.

Table 3.1 - Civil and criminal cases at the Industrial Court, 2014 - 2017

Civil cases Criminal cases Total

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Cases pending

at the beginning

of the year

856 875 928 1,121 299 215 189 241 1,155 1,090 1,117 1,362

Cases lodged 952 1,013 993 1,253 263 218 262 273 1,215 1,231 1,255 1,526

Cases disposed

of 933 960 800 911 347 244 210 211 1,280 1,204 1,010 1,122

Cases

outstanding at

the end of the

year

875 928 1,121 1,463 215 189 241 303 1,090 1,117 1,362 1,766

24

5. BAIL & REMAND COURT

From 2016 to 2017, the number of cases lodged and disposed of at the Bail and Remand

Court (BRC) increased respectively by 15%, from 4,207 to 4,840 and by 38%, from 3,791 to

5,217. Compared to the end of year 2016, the number of cases outstanding at the end of year

2017 fell by 21% to 1,423. Out of 1,654 applications received for bail hearing, 46% were

successful.

Table 4.1 - Cases at the Bail and Remand Court (BRC), 2014 - 2017

2014 2015 2016 2017

Cases pending at the beginning of the year 1,790 1,162 1,384 1,800

Cases lodged 3,905 4,148 4,207 4,840

Cases disposed of 4,533 3,926 3,791 5,217

Cases outstanding at the end of the year 1,162 1,384 1,800 1,423

Applications for bail hearing 2,108 1,754 2,031 1,654

Bail granted 1,113 978 688 766

6. WEEKEND COURT

The cases lodged at the Weekend Court rose by 12%, from 1,409 in 2016 to 1,585 in 2017.

Out of 1,585 cases lodged in 2017, there were police objection in 66% of them and detainees

have been released on parole in the remaining 34% of cases. Some 263 cases were fixed for

bail hearing with 94% being undefended and 72% being cases where bail was not granted.

Table 5.1 - Cases at the Weekend Court (WEC), 2014 - 2017

2014 2015 2016 2017

Cases lodged 1,385 1,319 1,409 1,585

Cases where detainees have been released

on parole 475 425 453 540

Cases where there was police objection 910 894 956 1,045

Total cases fixed for bail hearing: Defended 28 40 28 17

Undefended 64 14 357 246

Total number of bail (after hearing): Granted 43 50 167 74

Not granted 49 4 218 189

25

7. DISTRICT COURTS

In 2017, about 39% of civil and criminal cases were lodged in urban areas. From 2016 to

2017, an overall decrease of 14% was noted in the total number of cases lodged as a result

of decreases in almost all the District Courts except for that of Rivière du Rempart and

Savanne. Among the rural areas, the District Court of Pamplemousses registered the

largest number of cases lodged at 13, 299 in 2017 (Table 6.1). Following the same trend,

the total number of criminal cases lodged decreased by 14%, to 98,235 in 2017 from

113,695 in 2016 in almost all the District Courts except for that of Rivière du Rempart,

Savanne and Grand Port. From 2016 to 2017, a decrease of 14% was also felt in the total

number of civil cases lodged from 7,467 to 6,445 to across all District Courts except for

that of Rivière du Rempart, Flacq and Rodrigues.

From 2016 to 2017, the total number of civil and criminal cases disposed of decreased by

15%, from 127,300 to 108,312 in almost all the District Courts except for those of Rivière

du Rempart and Savanne. The largest number of cases disposed of in 2017 was recorded at

the District Court of Pamplemousses. Similarly, a fall of 15% was noted in the total

number of criminal cases disposed of, from 119,999 in 2016 to 101,772 in 2017 across all

District Courts except for that of Rivière du Rempart and Savanne. Following in the same

trend, the number of civil cases disposed of registered a drop of 10% in almost all the

District Courts except for that of Rivière du Rempart, Savanne, Upper Plaines Wilhems

and Rodrigues (Table 6.3).

The number of cases lodged under plaint with summons dropped by 10%, to 2,564 in 2017

from 2,844 in 2016. Similarly, those disposed of for the same period showed a decreased

of 17%, to 2,540 from 3,071 (Table 6.5).

From 2016 to 2017, the number of cases lodged and disposed of under the Small Claim

Procedure also showed respective falls of 23% to 1,111 and 18% to 1,139 (Table 6.6).

From 2016 to 2017, the number of cases lodged for State debts for the Island of Mauritius

dropped by 7%, from 900 to 839 whilst the number of cases disposed of increased by

25%, from 664 to 831 for the same period (Table 6.7).

The number of cases lodged and disposed of under the Protection from Domestic Violence

Act 1997 showed respective decreases of 16% to 1,931 and of 6% to 2,030 (Table 6.8).

From 2016 to 2017, out of the 1,931 applications received under the Protection from

Domestic Violence Act 1997, some 1,889 (98%) were for Protection Orders, 40 for

occupation orders and 2 for tenancy orders (Table 6.9).

The applicants for Protection Orders among spouse/partner fell by 15%, from 1,813 in

2016 to 1,542 in 2017. In 2017, some 91% of this type of order came from females

(Tables 6.10 & 6.11).

Table 6.1 - Civil and criminal cases at the District Courts, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Port Louis Division I 737 764 525 515 1,279 1,031 1,356 1,172 1,252 1,270 1,366 1,185 764 525 515 502

Port Louis Division II 2,778 2,805 3,218 1,724 9,567 10,627 9,852 9,737 9,540 10,214 11,346 9,200 2,805 3,218 1,724 2,261

Port Louis Division III 4,682 3,273 2,648 1,545 16,112 16,979 8,298 7,951 17,521 17,604 9,401 7,385 3,273 2,648 1,545 2,111

Pamplemousses 3,083 2,569 3,433 3,158 12,674 12,760 17,508 13,299 13,545 11,896 17,783 13,927 2,212 3,433 3,158 2,530

Riviere du Rempart 4,131 3,160 4,813 3,721 11,473 11,991 9,115 10,149 12,444 10,338 10,207 10,977 3,160 4,813 3,721 2,893

Flacq 6,055 4,925 6,439 5,035 14,568 14,633 15,386 12,217 15,698 13,119 16,790 13,762 4,925 6,439 5,035 3,490

Moka 2,203 3,278 2,622 2,888 8,553 7,915 9,372 6,349 7,478 8,571 9,106 7,525 3,278 2,622 2,888 1,712

Lower Plaines Wilhems 3,326 1,886 2,937 2,135 10,744 14,122 12,525 10,668 12,184 13,071 13,327 9,964 1,886 2,937 2,135 2,839

Upper Plaines Wilhems 3,101 3,778 2,945 4,285 12,164 11,788 14,125 11,172 11,487 12,621 12,785 12,711 3,778 2,945 4,285 2,746

Grand Port 1,127 1,501 1,887 792 6,593 7,618 7,234 7,218 6,219 7,232 8,329 6,784 1,501 1,887 792 1,226

Savanne 2,210 1,302 674 818 5,647 5,954 5,314 5,485 6,555 6,582 5,170 5,234 1,302 674 818 1,069

Black River 1,480 1,169 1,468 1,021 5,147 6,451 6,783 5,483 5,562 6,152 7,230 5,681 1,065 1,468 1,021 823

Rodrigues 305 510 932 766 4,863 5,507 4,294 3,780 4,658 5,085 4,460 3,977 510 932 766 569

Island of Mauritius 34,913 30,410 33,609 27,637 114,521 121,869 116,868 100,900 119,485 118,670 122,840 104,335 29,949 33,609 27,637 24,202

Republic of Mauritius 35,218 30,920 34,541 28,403 119,384 127,376 121,162 104,680 124,143 123,755 127,300 108,312 30,459 34,541 28,403 24,771




of the year

26

Table 6.2 - Criminal cases at the District Courts, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Port Louis Division II 2,778 2,805 3,218 1,724 9,567 10,627 9,852 9,737 9,540 10,214 11,346 9,200 2,805 3,218 1,724 2,261

Port Louis Division III 4,682 3,273 2,648 1,545 16,112 16,979 8,298 7,951 17,521 17,604 9,401 7,385 3,273 2,648 1,545 2,111

Pamplemousses 2,973 2,484 3,346 3,068 12,197 12,289 17,119 12,936 13,022 11,427 17,397 13,551 2,148 3,346 3,068 2,453

Riviere du Rempart 4,040 3,076 4,729 3,605 11,063 11,652 8,754 9,783 12,027 9,999 9,878 10,597 3,076 4,729 3,605 2,791

Flacq 5,948 4,781 6,227 4,955 13,945 14,040 14,796 11,474 15,112 12,594 16,068 13,081 4,781 6,227 4,955 3,348

Moka 2,142 3,198 2,575 2,844 8,230 7,639 9,123 6,113 7,174 8,262 8,854 7,307 3,198 2,575 2,844 1,650

Lower Plaines Wilhems 2,831 1,526 2,743 1,888 9,289 12,867 11,029 9,529 10,594 11,650 11,884 8,880 1,526 2,743 1,888 2,537

Upper Plaines Wilhems 2,854 3,590 2,591 3,749 10,877 10,643 12,687 9,973 10,141 11,642 11,529 11,392 3,590 2,591 3,749 2,330

Grand Port 1,001 1,402 1,794 703 6,137 7,231 6,609 6,849 5,736 6,839 7,700 6,404 1,402 1,794 703 1,148

Savanne 2,145 1,261 639 752 5,436 5,777 5,022 5,234 6,320 6,399 4,909 4,957 1,261 639 752 1,029

Black River 1,439 1,085 1,369 916 4,773 6,070 6,279 5,051 5,231 5,786 6,732 5,203 981 1,369 916 764

Rodrigues 251 472 886 712 4,665 5,353 4,127 3,605 4,444 4,939 4,301 3,815 472 886 712 502






of the year

27

Table 6.3 - Civil cases at the District Courts, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Port Louis Division I 737 764 525 515 1,279 1,031 1,356 1,172 1,252 1,270 1,366 1,185 764 525 515 502

Pamplemousses 110 85 87 90 477 471 389 363 523 469 386 376 64 87 90 77

Riviere du Rempart 91 84 84 116 410 339 361 366 417 339 329 380 84 84 116 102

Flacq 107 144 212 80 623 593 590 743 586 525 722 681 144 212 80 142

Moka 61 80 47 44 323 276 249 236 304 309 252 218 80 47 44 62

Lower Plaines Wilhems 495 360 194 247 1,455 1,255 1,496 1,139 1,590 1,421 1,443 1,084 360 194 247 302

Upper Plaines Wilhems 247 188 354 536 1,287 1,145 1,438 1,199 1,346 979 1,256 1,319 188 354 536 416

Grand Port 126 99 93 89 456 387 625 369 483 393 629 380 99 93 89 78

Savanne 65 41 35 66 211 177 292 251 235 183 261 277 41 35 66 40

Black River 41 84 99 105 374 381 504 432 331 366 498 478 84 99 105 59

Rodrigues 54 38 46 54 198 154 167 175 214 146 159 162 38 46 54 67






of the year

28

Table 6.4 - Reasons for postponement of cases at Courts on the day of trial, 2017

Number % Number % Number % Number % Number %

1,044 29.4 140 25.3 1,527 12.5 43 8.3 2,754 16.3

1,218 34.3 137 24.8 4,263 34.9 135 26.1 5,753 34.1

794 22.4 48 8.7 4,294 35.0 186 35.6 5,322 31.6

- - - - 359 2.9 - - 359 2.1

19 0.5 2 0.4 70 0.6 1 0.2 92 0.5

477 13.4 226 40.8 1,718 14.1 155 29.8 2,576 15.4

Accused wished to retain service of

counsel- - 3 0.5 83 0.7 - - 86 0.5

Case connected to another case - - - - 83 0.7 - - 83 0.5

Counsel moved for postponement 290 8.2 21 3.8 139 1.1 - - 450 2.7

Counsel not communicated with brief 48 1.4 19 3.4 197 1.6 - - 264 1.6

Hope for settlement 21 0.6 174 31.5 1 - - - 196 1.2

New witness added - - - - 30 0.2 - - 30 0.2

Plaintiff/Witness withdrew from case - - - - 388 3.2 130 25.0 518 3.1

Prosecutor absent - - - - 20 0.2 - - 20 0.1

Prosecutor moved for postponement 29 0.8 - - 83 0.7 - - 112 0.7

Other 89 2.4 9 1.6 694 5.7 25 4.8 817 4.8

Grand Total 3,552 100.0 553 100.0 12,231 100.0 520 100.0 16,856 100.0

1 Laid up, absent etc.

4 Magistrate laid up

2 Laid up, absent etc. - Nil

3 Accused parties, plaintiff, defendants, declarant

Reasons for postponementIntermediate Court Industrial Court District Courts Court of Rodrigues Republic of Mauritius

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

Other

29

Table 6.5 - Plaint with summons (civil) cases at the District Courts, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017

Port Louis Division I 860 724 915 806 817 941 967 792

Pamplemousses 188 269 102 121 222 265 131 131

Riviere du Rempart 168 138 65 126 175 136 79 105

Flacq 363 201 161 168 337 213 216 186

Moka 107 109 72 79 81 130 68 84

Lower Plaines Wilhems 716 605 663 541 885 653 674 477

Upper Plaines Wilhems 507 395 226 243 538 336 294 280

Grand Port 251 112 271 137 228 145 268 137

Savanne 112 48 80 98 120 71 80 95

Black River 129 210 193 134 115 189 196 162

Rodrigues 140 109 96 111 157 100 98 91

Island of Mauritius 3,401 2,811 2,748 2,453 3,518 3,079 2,973 2,449

Republic of Mauritius 3,541 2,920 2,844 2,564 3,675 3,179 3,071 2,540

Table 6.6 - Small Claim Procedure at the District Courts, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017


Pamplemousses 138 80 106 94 141 92 101 71


Flacq 114 240 286 347 105 160 357 278

Moka 113 89 76 42 137 85 82 23



Grand Port 101 86 143 63 87 73 166 52

Savanne 77 63 102 68 90 55 90 80

Black River 118 69 100 81 100 73 101 85

Rodrigues 3 - 8 4 2 1 4 6



Cases lodged Cases disposed of


- Nil

30

2014 2015 2016 2017 2014 2015 2016 2017

Lower Plaines Wilhems - - - 47 25 - - -


Grand Port - 59 93 59 59 51 79 75

Savanne - 41 31 - - 32 16 15

Island of Mauritius 416 478 900 839 548 395 664 831

2014 2015 2016 2017 2014 2015 2016 2017


Pamplemousses 151 122 181 148 160 112 154 174


Flacq 146 152 143 228 144 152 149 217

Moka 103 78 101 115 86 94 102 111



Grand Port 104 130 118 110 109 124 116 116

Savanne 22 25 79 85 25 25 75 87

Black River 127 102 211 217 116 104 201 231

Rodrigues 55 45 63 60 55 45 57 65




Table 6.7 - State debts cases at the District Courts1, 2014 - 2017


1State debts cases not available/lodged and disposed of at other District Courts

- Nil

Table 6.8 - Cases under the Protection from Domestic Violence Act 1997 at the

District Courts, 2014 - 2017

31

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Applications received 2,241 1,889 43 40 4 2 - - 2,288 1,931

Interim Orders issued 2,116 1,695 22 10 1 - - - 2,139 1,705

Orders issued 1,328 1,113 17 13 3 2 - - 1,348 1,128

Applications withdrawn/set aside/struck

out/dismissed803 862 13 40 4 - 1 - 820 902

Cases where parties have been ordered to

attend counselling sessions29 45 .. .. .. .. .. .. 29 45

.. Not applicable

- Nil

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

Table 6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts, 2016 & 2017

Orders

Total

Protection Occupation Tenancy Revocation

32

2016 2017 2016 2017 2016 2017

Applications received 1,813 1,542 428 347 2,241 1,889

Interim Orders issued 1,703 1,375 413 320 2,116 1,695

Orders issued 1,121 920 207 193 1,328 1,113


out/dismissed654 709 149 153 803 862


attend counselling sessions29 39 - 6 29 45

- Nil

Male Female Total Male Female Total Male Female Total

Applications received 136 1,406 1,542 105 242 347 241 1,648 1,889

Interim Orders issued 107 1,268 1,375 96 224 320 203 1,492 1,695

Orders issued 71 849 920 51 142 193 122 991 1,113


out/dismissed73 636 709 56 97 153 129 733 862


attend counselling sessions1 3 36 39 1 5 6 4 41 45

1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the counselling sessions

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, 2016 & 2017

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, 2017

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 1,542 1,375 920 709 39

Under 18 4 4 5 5 -

18 - 29 352 305 202 177 6

30 - 39 569 503 318 245 11

40 - 49 413 376 250 196 17

50 - 59 172 157 117 71 5

60 & over 32 30 28 15 -

Male2 136 107 71 73 3

18 - 29 10 4 3 9 -

30 - 39 35 24 17 20 -

40 - 49 50 44 24 23 2

50 - 59 36 31 20 15 1

60 & over 5 4 7 6 -

Female 1,406 1,268 849 636 36

Under 18 4 4 5 5 -

18 - 29 342 301 199 168 6

30 - 39 534 479 301 225 11

40 - 49 363 332 226 173 15

50 - 59 136 126 97 56 4

60 & over 27 26 21 9 -

2 No application was received for male under 18 years

- Nil

Table 6.12 - Protection Orders (spouse/partner) under the Protection from Domestic Violence

Act 1997 at the District Courts, by age group & sex, 2017

1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the

counselling sessions

34

35

1,000

4,000

7,000

10,000

13,000

16,000

19,000

Num

ber

of

case

s

Figure 6.1b - Civil and criminal cases disposed of by District Courts,

2016 & 2017

2016

2017

36

8. CASES (CIVIL AND CRIMINAL) IN THE REPUBLIC OF MAURITIUS

The number of cases lodged in the Republic of Mauritius decreased by 13%, to 118,468 in

2017 from 135,679 in 2016 with falls of 13% for criminal cases and of 9% for civil cases.

Conversely, in 2017, for the Island of Rodrigues, a drop of 13% was noted in criminal cases

to 3,605 whilst a rise of 5% to 175 was noted for civil cases.

For the same period, the total number of cases disposed of decreased by 13% resulting from

drops of 15% in criminal cases to 103,387 and of 1% in civil cases to 18,634.

At the end of year 2017, a physical count of the total number of outstanding cases was 40,980

with 25,448 for criminal and 15,532 for civil cases, a fall of 8% over the 2016 figure of

44,468 (Tables 7.1 - 7.3).

Table 7.1 - Total cases, Republic of Mauritius, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Supreme Court 10,023 8,594 8,650 9,811 9,483 9,394 10,155 9,637 10,912 9,681 9,059 9,265 8,594 8,307 9,746 10,183

Appeal cases 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667

Other cases 9,258 8,055 8,108 9,231 9,154 9,091 9,810 9,263 10,357 9,381 8,752 8,978 8,055 7,765 9,166 9,516

Intermediate Court 6,413 6,422 5,041 4,957 3,341 3,163 3,107 2,625 3,332 3,280 3,191 3,322 6,422 6,305 4,957 4,260

Industrial Court 1,155 1,090 1,117 1,362 1,215 1,231 1,255 1,526 1,280 1,204 1,010 1,122 1,090 1,117 1,362 1,766

District Courts 34,913 30,410 33,609 27,637 114,521 121,869 116,868 100,900 119,485 118,670 122,840 104,335 29,949 33,609 27,637 24,202

Court of Rodrigues 305 510 932 766 4,863 5,507 4,294 3,780 4,658 5,085 4,460 3,977 510 932 766 569






of the year

37

Table 7.2 - Total criminal cases, Republic of Mauritius, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Supreme Court 319 241 243 242 188 198 170 181 266 196 171 158 241 243 242 265

Appeal cases 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234

Other cases 35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31


Industrial Court 299 215 189 241 263 218 262 273 347 244 210 211 215 189 241 303

District Courts 32,833 28,481 31,879 25,749 107,626 115,814 109,568 94,630 112,418 112,416 115,698 97,957 28,041 31,879 25,749 22,422

Court of Rodrigues 251 472 886 712 4,665 5,353 4,127 3,605 4,444 4,939 4,301 3,815 472 886 712 502






of the year

38

Table 7.3 - Total civil cases, Republic of Mauritius, 2014 - 2017

2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017

Supreme Court 9,704 8,353 8,407 9,569 9,295 9,196 9,985 9,456 10,646 9,485 8,888 9,107 8,353 8,064 9,504 9,918

Appeal cases 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433

Other cases 9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485


Industrial Court 856 875 928 1,121 952 1,013 993 1,253 933 960 800 911 875 928 1,121 1,463

District Courts 2,080 1,929 1,730 1,888 6,895 6,055 7,300 6,270 7,067 6,254 7,142 6,378 1,908 1,730 1,888 1,780

Court of Rodrigues 54 38 46 54 198 154 167 175 214 146 159 162 38 46 54 67






of the year

39

40

20,000

40,000

60,000

80,000

100,000

120,000

140,000

Lodged Disposed of Outstanding

Nu

mb

er o

f ca

ses

Figure 7.2 - Total criminal cases lodged, disposed of and outstanding,


2016

2017

41

9. CRIME STATISTICS

9.1 Summary of criminal offences disposed of

In 73% (94,981) of the 130,769 criminal offences disposed of in 2017, the defendants were

proven guilty and sentenced; while 27% of the offences were acquitted or non-adjudicated

(Figure 8.2).

The Industrial Court has the highest percentage (88%) of offences proven guilty followed by

the Supreme Court (87%) and the Court of Rodrigues (85%).

Only 5,208 (5%) 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%) 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 overall convicted offences decreased by 16% to 94,981 in 2017 from 112,453 in 2016

(Table 8.3). This fall was due to main decreases in convictions for other contraventions (-

33%), road traffic contraventions (-19%), sexual offences (-12%), drug offences (-7%) and

assault and related offences (-5%).

From 2016 to 2017, sexual offence convictions decreased by 12%, from 212 to 186, mainly

due to falls in convictions for: (i) sodomy from 17 to 9, (ii) ‘solicits/importunes another

person for immoral purpose’ from 44 to 25, (iii) ‘attempt upon chastity’ from 48 to 35, and

(iv) ‘causing child to be sexually abused, accessing to a brothel; and engaging in prostitution’

from 38 to 34.

About 72% of the criminal offences disposed of in the Republic of Mauritius in 2017 were

road traffic contraventions. In addition to the 68,194 contraventions convicted in 2017 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.

2016 2017 2016 2017 2016 2017

Homicide and related offences 105 137 5 7 110 144

Intentional homicide (committed) 19 20 1 1 20 21

Non intentional homicide 86 117 4 6 90 123

Assault and related offences 7,083 7,157 210 235 7,293 7,392

Sexual offences 439 405 12 28 451 433

Property offences 10,389 11,919 182 297 10,571 12,216

Fraud and dishonesty 966 988 10 13 976 1,001

Embezzlement 259 193 6 16 265 209

Theft 4,860 5,331 108 121 4,968 5,452

Automobile theft - 2 - - - 2

Robbery 1,544 1,689 42 29 1,586 1,718

Burglary 560 758 19 15 579 773

Other theft 2,756 2,882 47 77 2,803 2,959

Other property offences 4,304 5,407 58 147 4,362 5,554

Drug offences 2,198 1,846 130 266 2,328 2,112

Road traffic contraventions2 98,092 84,586 4,168 3,254 102,260 87,840

Other contraventions 5,042 3,744 189 236 5,231 3,980

Other offences 16,605 16,380 294 272 16,899 16,652

Total 139,953 126,174 5,190 4,595 145,143 130,769

1An offence may involve one or more persons - Nil

Table 8.1 - Criminal offences1 disposed of according to United Nations classification of

offences (broad categories), Republic of Mauritius, 2016 & 2017


2Exclude figures on fixed penalty notice

42

Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2016 & 2017

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Supreme Court 7 4 26 25 - - - 1 - - 33 30

Industrial Court 26 25 - - - - 184 189 - - 210 214

Intermediate Court 2,104 2,086 1,193 1,488 - - 1,354 929 841 808 5,492 5,311

District Courts: 30,553 33,673 2,915 3,588 80 115 103,484 85,631 2,376 2,207 139,408 125,214

Port Louis Div II 2,547 2,155 464 356 13 5 8,857 8,287 220 141 12,101 10,944

Port Louis Div III 3,849 2,843 212 389 11 6 6,597 5,028 151 196 10,820 8,462

Pamplemousses 2,884 4,477 446 400 6 10 14,166 12,159 343 290 17,845 17,336

Riviere du Rempart 3,379 4,602 214 423 11 21 9,683 8,008 201 385 13,488 13,439

Flacq 3,240 4,146 290 505 2 20 14,573 11,626 318 274 18,423 16,571

Moka 1,311 2,141 61 114 1 1 8,178 6,568 125 110 9,676 8,934

Lower Plaines Wilhems 4,882 3,172 451 567 12 7 8,671 6,929 244 208 14,260 10,883

Upper Plaines Wilhems 3,051 4,128 164 131 2 5 10,075 8,290 90 53 13,382 12,607

Grand Port 1,753 1,501 194 309 9 6 7,923 6,532 205 195 10,084 8,543

Savanne 1,365 1,448 176 220 2 5 4,682 4,693 78 91 6,303 6,457

Black River 1,921 2,352 168 146 5 17 5,629 3,838 113 90 7,836 6,443

Rodrigues 371 708 75 28 6 12 4,450 3,673 288 174 5,190 4,595

Island of Mauritius 32,319 35,080 4,059 5,073 74 103 100,572 83,077 2,929 2,841 139,953 126,174

Republic of Mauritius 32,690 35,788 4,134 5,101 80 115 105,022 86,750 3,217 3,015 145,143 130,769

- 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

43

Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2017

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

44

District Courts

District Courts

(Island of

Mauritius)

120,619

(92%)

Criminal offences1

disposed of

130,769

(100%)

Intermediate Court

5,311

(4%)

Industrial Court

214

(negligible)

Supreme Court

(exclude appeal cases)

30

(negligible)

Court of Rodrigues

4,595

(4%)

Acquitted &

non-

adjudicated2

4

(13%)

Proven

guilty

26

(87%)

Acquitted &

non-

adjudicated2

25

(12%)

10

(3.6%)

Proven

guilty

189

(88%)

Acquitted &

non-

adjudicated2

2,086

(39%)

Proven

guilty

3,225

(61%)

Acquitted &

non-

adjudicated2

32,965

(27%)

Proven

guilty

87,654

(73%)

Acquitted &

non- adjudicated2

708

(15%)

Proven

guilty

3,887

(85%)

Custodial

Orders3

25

(99%)

Non -

Custodial

Orders

1

(1%)

Custodial

Orders3

Nil

Non -

Custodial

Orders

189

(100%)

Custodial

Orders3

1,488

(46%)

Non -

Custodial

Orders

1,737

(54%)

Custodial

Orders3

3,663

(4%)

Non -

Custodial

Orders

83,991

(96%)

Custodial

Orders3

40

(1%)

Non -

Custodial

Orders

3,847

(99%)

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Homicide and related offences 34 40 - - 29 58 1 - 13 5 1 - 78 103

Intentional homicide (committed) 9 15 - - - - 1 - 1 - 1 - 12 15

Murder 5 5 - - - - - - - - - - 5 5

Manslaughter 4 10 - - - - - - - - - - 4 10

Abortion - - - - - - 1 - 1 - 1 - 3 -

Non intentional homicide 25 25 - - 29 58 - - 12 5 - - 66 88

Wounds and blows causing death without

intention to kill17 20 - - 1 5 - - - - - - 18 25

Involuntary homicide 8 5 - - 28 53 - - 12 5 - - 48 63

Assault and related offences 88 116 - 1 2,354 2,230 62 28 27 31 134 134 2,665 2,540

Simple assaults/wounds & blows 48 61 - 1 2,150 2,098 60 26 20 19 73 82 2,351 2,287

Assault causing sickness or incapacity for

personal labour for > 20 days8 16 - - 29 13 - - 4 2 20 25 61 56

Assault against an agent of Civil

Authority17 27 - - 147 87 1 - - 6 20 13 185 133

Assault with corrosive substance 3 3 - - 4 2 - 1 - 1 5 1 12 8

Assault with premeditation 12 9 - - 24 30 1 1 3 3 16 13 56 56

- Nil

Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

45

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Sexual offences 76 64 1 5 50 37 2 - 39 31 44 49 212 186

Rape 5 5 - - - 1 - - - - - - 5 6

Sodomy 10 6 - 1 - - - - 7 2 - - 17 9

Attempt upon chastity 33 17 - 3 4 - 2 - 6 13 3 2 48 35

Sexual intercourse with minor under 16;

with mentally handicapped person; with

specified person

9 19 1 1 - - - - 13 6 34 34 57 60

Solicits/importunes another person for

immoral purpose3 4 - - 41 21 - - - - - - 44 25

Sexual offences other - 3 - - 3 5 - - - 9 - - 3 17

Child Protection Act (CPA)

Causing child to be sexually abused;

accessing to a brothel; and engaging in

prostitution

16 10 - - 2 10 - - 13 1 7 13 38 34

Property offences 2,387 3,182 37 60 2,149 2,047 213 156 428 496 1,297 1,143 6,511 7,084

Fraud and dishonesty 201 238 - - 314 240 6 9 143 170 100 135 764 792

Forgery 32 75 - - 45 50 2 1 36 48 20 41 135 215

Swindling 103 44 - - 21 22 - 1 10 31 22 9 156 107

Making use of forged document 8 34 - - 17 29 - 1 39 35 8 20 72 119

Swearing false affidavit - 1 - - 1 1 - - - - 1 3 2 5

Impersonation - 2 - - - 1 - - - 1 - - - 4

Counterfeiting bank notes/ possession/

uttering of counterfeit bank notes - 20 - - 4 1 - 1 13 1 6 2 23 25

Forgery of passport/making use of forged

passport4 1 - - 15 3 - - 3 1 1 19 23 24

Extortion - - - - 7 - - - - 1 1 1 8 2

- Nil

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017


RYC, CYC &

other

Institutions2


Service

Conditional &

Absolute

Discharges

Total

46

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Giving false evidence 1 - - - 2 - - - - - - - 3 -

Issuing cheque without provision 18 22 - - 147 79 1 2 11 32 21 22 198 157

Demanding money or property by threat

of false accusation2 21 - - 5 3 - 2 - - 7 2 14 28

Usurping public function 4 4 - - 1 1 - - - - - - 5 5

Fraud and dishonesty other 15 9 - - 49 50 3 1 19 5 10 12 96 77

Offences under POCA 3

Bribery by Public Official 8 1 - - - - - - 2 1 - - 10 2

Bribery of Public Official - 1 - - - - - - 1 1 2 3 3 5

Other offences under POCA 6 3 - - - - - - 9 13 1 1 16 17

Embezzlement 49 31 - - 48 53 7 6 16 26 81 38 201 154

Theft 1,982 2,756 37 58 1,115 1,008 163 121 223 269 922 785 4,442 4,997

Automobile theft - - - - - - - - - - - - - -

Robbery 715 978 17 32 141 62 52 46 84 102 371 298 1,380 1,518

Larceny armed with offensive weapon 29 57 - 1 3 4 - - 1 1 7 2 40 65

Larceny with violence by night

breaking16 14 - 2 1 1 - - 4 - 5 7 26 24

Larceny with aggravating

circumstances/violence (including

upon minors/handicapped persons,

etc.)

146 166 4 8 22 9 2 19 17 37 84 37 275 276

Larceny by two or more individuals 434 556 12 21 96 40 49 25 60 62 241 225 892 929

Larceny on public road 90 185 1 - 19 8 1 2 2 2 34 27 147 224

- Nil



RYC, CYC &

other

Institutions2


Service

Conditional &

Absolute

Discharges

Total

47

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Burglary 356 549 9 14 58 44 8 5 29 33 81 94 541 739

Larceny by night breaking 121 224 2 4 10 6 3 2 6 17 22 37 164 290

Larceny (day) breaking 57 94 2 1 18 9 1 2 3 2 12 17 93 125

Larceny scaling 178 231 5 9 30 29 4 1 20 14 47 40 284 324

Other theft (excluding automobile theft) 911 1,229 11 12 916 902 103 70 110 134 470 393 2,521 2,740

Larceny by servant or any person in

receipt of wages57 65 - - 37 16 48 22 34 46 184 152 360 301

Other simple larcenies 751 1,031 9 5 844 847 40 47 67 84 249 216 1,960 2,230

Attempt at larceny 103 133 2 7 35 39 15 1 9 4 37 25 201 209

Other property offences 155 157 - 2 672 746 37 20 46 31 194 185 1,104 1,141

Damages to property 17 14 - - 414 453 8 3 5 3 19 15 463 488

Receiving and possession of stolen

property134 140 - 2 257 292 29 17 40 26 172 169 632 646

Arson 4 3 - - 1 1 - - 1 2 3 1 9 7

- Nil



RYC, CYC &

other

Institutions2


Service

Conditional &

Absolute

Discharges

Total

48

2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017

Drug offences 222 212 - - 1,943 1,812 19 9 23 27 15 8 2,222 2,068

Road traffic contraventions4 175 144 - - 84,119 67,797 1 8 144 241 10 4 84,449 68,194

Other contraventions 29 35 - - 3,372 2,272 64 17 5 3 11 6 3,481 2,333

Other offences 1,123 1,308 42 49 11,006 10,497 31 19 153 138 480 462 12,835 12,473

of which offences under:

Computer Misuse & Cybercrime Act 58 132 - - 332 173 - - 2 7 46 115 438 427

Environment Protection Act 1 1 - - 766 645 2 - - - 2 - 771 646

Food Act & Public Health Act - - - - 1,545 1,415 - - - 1 - 1 1,545 1,417

Information & Communication

Technology Act2 1 - - 114 45 - - 7 1 17 15 140 62

Local Government Act - 1 - - 1,216 1,228 - - 1 13 - - 1,217 1,242

Protection from Domestic Violence Act 56 100 - - 429 418 6 8 9 3 15 17 515 546

Total 4,134 5,101 80 115 105,022 86,750 393 237 832 972 1,992 1,806 112,453 94,981

1 An offence may involve one or more persons - Nil

2 RYC and CYC stand for Rehabilitation and Correctional Youth Centres respectively

3 Prevention of Corruption Act

4 Exclude figures on fixed penalty notice



RYC, CYC &

other

Institutions2


Service

Conditional &

Absolute

Discharges

Total

49

Offences

Div II Div III

Homicide and related

offences 1 1 2 16 - 10 2 1 - 6 - 43 16 - 5 103

Intentional homicide

(committed)- - - - - 1 - - - - - - 14 - - 15

Non intentional homicide 1 1 2 16 - 9 2 1 - 6 - 43 2 - 5 88

Assault and related offences 177 136 211 414 548 139 181 225 125 100 132 35 - - 117 2,540

Sexual offences - 4 2 5 3 - - 20 2 - - 134 - - 16 186

Property offences 482 544 709 688 706 510 267 715 233 196 314 1,563 - - 157 7,084

Fraud and dishonesty 21 61 33 37 40 29 10 38 20 11 8 477 - - 7 792

Embezzlement 8 4 16 13 14 10 6 27 4 - 5 37 - - 10 154

Theft 357 388 568 515 445 410 196 584 178 136 228 888 - - 104 4,997

Robbery 88 132 132 158 90 141 46 147 35 29 57 440 - - 23 1,518

Burglary 56 63 86 82 43 65 22 76 17 15 56 145 - - 13 739

Other theft 213 193 350 275 312 204 128 361 126 92 115 303 - - 68 2,740

Other property offences 96 91 92 123 207 61 55 66 31 49 73 161 - - 36 1,141

Drug offences 239 72 116 63 87 146 41 237 274 21 35 468 10 - 259 2,068

Road traffic contraventions4 6,673 3,132 10,973 6,520 8,138 5,224 3,809 4,669 6,863 6,178 3,009 101 - - 2,905 68,194

Other contraventions 67 116 81 199 572 193 167 369 77 82 226 1 - - 183 2,333

Other offences5 1,150 1,614 765 932 2,371 820 542 1,475 905 210 375 880 - 189 245 12,473

Total 8,789 5,619 12,859 8,837 12,425 7,042 5,009 7,711 8,479 6,793 4,091 3,225 26 189 3,887 94,981

2SC stands for Supreme Court 3

IC stands for Industrial Court4Exclude figures on fixed penalty notice

5For the Industrial Court, offences are included under the Employment Relations Act and the Occupational Safety and Health Act - Nil

1An offence may involve one or more persons

Black

River

Interme-

diateSC

2IC

3 Rodri-

guesMoka

All

Courts

Table 8.4 - Convicted offences1 by court and according to United Nations classification of offences (broad categories),


Port Louis Pample-

mousses

Riviere

du

Rempart

FlacqGrand

PortSavanne

Rose-

HillCurepipe

50

Drug offences 2014 2015 2016 2017

Heroin 303 486 561 510

Importation 15 6 4 6

Dealing 40 15 8 9

Possession (heroin & articles) 207 407 497 422

Consumption 29 50 43 70

Other 12 8 9 3

Gandia 1,004 1,129 1,320 1,228

Importation 7 22 4 6

Cultivation 91 129 168 159

Dealing 25 87 33 64

Possession (gandia & articles) 678 656 873 738


Other 21 48 3 4

Other drugs 957 748 341 330

Importation 7 6 1 1

Dealing 267 114 71 4

Possession (drugs & articles) 414 452 238 305


Other 148 108 14 11

Total 2,264 2,363 2,222 2,068

Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2014 - 2017

51

Road traffic offences 2016 2017

Breach of condition attached to provisional licence/ carriers licence/ No letter 'L', etc. 9,332 5,630

Driving in wrong direction/on wrong side/ failing to keep right/ left/ No Entry, etc. 870 927

Driving under disqualification 148 89

Driving motor vehicle with alcohol concentration above prescribed limit 982 1,170

Driving without due care and attention & dangerous driving 1,297 1,145

Driving without licence 2,136 2,095

Exceeding speed limit 4,848 3,983

Expired certificate of fitness/insurance 337 128

Failing to comply with traffic sign 3,024 2,590

Failing to produce on demand or within delay: driving licence/photocopy/DLC/agreed

statement of facts/certificate of fitness/insurance/registration, etc.13,729 10,716

Failing to comply with police signal 478 790

Failing to submit to a breath/urine/blood test 295 272

Failing to wear high visibility clothing 1,503 2,004

Failing to wear or securely fasten crash helmet 1,638 1,400

Failing to wear seat belt whilst driving 3,455 3,635

Making use of cellular phone whilst driving 2,272 2,996

Not affixed: motor vehicle licence/insurance vignette/certificate of fitness & insurance, etc. 5,049 4,081

Overtaking related traffic offences 579 796

Parking related traffic offences 2,692 2,221

Taking motor vehicle without owner's consent 1,570 1,637

Uninsured motor vehicle/inoperative insurance policy 1,180 896

Unlicenced motor vehicle 787 660

Vehicle related traffic offences (inefficient silencer, allowing oil to drop, no mirror, no horn,

no brake, no side/rear lamps, worn out tyre, etc.)15,125 12,996

Other traffic offences (including bicycle contraventions) 11,123 5,337

Total 84,449 68,194

Table 8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,

2016 - 2017

52

53

10. THE LEGAL AID UNIT

During the year 2017, for the Republic of Mauritius, some 2,674 applications for legal

assistance were received, of which 2,656 were for civil cases. The number of legal aid

recipients at the Supreme Court decreased by 4% to 1,653 in 2017 from 1,723 in 2016. There

were 1,573 recipients in 2017 with respect to matrimonial cases, 62 for other civil suits and

18 for criminal cases (Table 9.1).

From 2016 to 2017, the total amount spent with respect to legal aid in the Republic of

Mauritius decreased by 12% to about Rs 1 Million.

11. REVENUE AND EXPENDITURE OF THE JUDICIARY

For the financial year July 2016 to June 2017, the revenue collected (at the various courts of

the Island of Mauritius and the Court of Rodrigues) stood at around Rs 269 Million

(provisional), a drop of 2% compared to the last corresponding financial year figure of Rs

274 (Table 10.1).

For the same period, the estimated expenditure of the Judiciary for the Republic of Mauritius

increased by 20% from Rs 564 Million to Rs 678 Million (provisional) due to a consequent

rise in the capital expenditure from Rs 30 Million to Rs 163 Million.

2014 2015 2016 2017

Civil

Received 3,498 3,132 3,242 2,656

of which matrimonial 3,175 2,985 3,129 2,581

Granted 2,430 1,838 1,676 1,635

of which matrimonial 2,272 1,715 1,569 1,573

Criminal

Received & granted 42 52 47 18

1,144,375 1,179,968 1,154,520 1,021,552

2014 January to June

20152015/2016 2016/2017

Fines,

penalties

& forfeits

294,655,628 93,039,442 223,180,292 229,804,763

Other1 46,167,681 23,008,493 50,559,255 38,971,335

Total 340,823,309 116,047,935 273,739,547 268,776,098

2014 January to June

20152015/2016 2016/2017

Capital2 26,897,557 10,982,033 29,934,914 163,050,408

Recurrent 459,169,282 234,519,674 534,081,984 514,783,683

Total 486,066,839 245,501,707 564,016,898 677,834,091

Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues

1Other includes court, ushers and other miscellaneous fees

Table 9.1 - Legal aid assistance - applications received, services granted and amount paid -


Amount paid (Rupees)

Table 10.1 - Revenue collected from courts, Republic of Mauritius, January to

December 2014, January to June 2015, 2015/2016 & 2016/2017

Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to

December 2014, January to June 2015, 2015/2016 & 2016/2017

2Refers to Island of Mauritius

54

Male Female Total Male Female Total

Chief Justice 1 - 1 1 - 1

Senior Puisne Judge 1 - 1 1 - 1

Puisne Judge 9 9 18 9 8 17

Judge in Bankruptcy & Master and Registrar - 1 1 1 - 1

Deputy Master and Registrar & Judge in Bankruptcy 1 - 1 - 1 1

President, Intermediate Court (Civil & Criminal sides) - 2 2 - 2 2

President, Industrial Court - 1 1 - 1 1

Vice President, Intermediate and Industrial Courts - 3 3 1 2 3

Magistrate Intermediate Court 5 6 11 4 7 11

Senior District Magistrate 3 11 14 2 11 13

District Magistrate 5 9 14 2 5 7

Judicial Research Officer 3 3 6 3 3 6

Secretary to Chief Justice 1 - 1 1 - 1

Chief Registrar 1 - 1 1 - 1

Deputy Chief Registrar - - - 1 - 1

Senior Registrar/Regional Court Administrator 5 - 5 6 - 6

Adviser1 2 - 2 2 - 2

Chief Court Officer/Court Manager 22 - 22 23 - 23

Principal Court Officer 30 - 30 36 - 36

Senior Court Officer 32 41 73 21 57 78

Court Officer2 14 70 84 20 68 88

Chief/Principal Court Usher 11 - 11 11 - 11

Senior Court Usher/Court Usher 60 8 68 58 9 67

Senior Law Librarian/Law Librarian - 1 1 - - -

Senior Law Library Officer - 1 1 - 2 2

Law Library Officer/Assistant 1 7 8 1 11 12

Senior Transcriber - 1 1 - 1 1

Transcriber - 10 10 - 10 10

Other Supporting Staff 96 128 224 89 157 246

Total 303 312 615 294 355 649

1On contract

2Included Trainee Court Officers - Nil

Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2016 & 2017

Job title2016 2017

55

Court 2014 2015 2016 2017

Supreme Court1 10 11 11 11

Family Court 2 2 2 2

Commercial Court 2 2 2 2

Intermediate Court 10 11 11 12

Industrial Court 2 2 2 2

Bail & Remand Court 1 1 1 1

District Courts

(Island of Mauritius)23 28 28 28

Court of Rodrigues 1 1 1 1

Total 51 58 58 59

1Only 9 of the 10 court rooms of the Supeme Court were operational in 2014 but as from 2016 all 11 are operational

Male Female Total Male Female Total Male Female Total Male Female Total

Practicing Barristers 410 216 626 428 229 657 453 249 702 486 284 770

of whom

Queen's Counsel 5 - 5 4 - 4 4 - 4 4 - 4

Senior Counsel 16 - 16 16 - 16 22 2 24 22 4 26

Practicing Attorneys 97 62 159 98 64 162 102 66 168 98 77 175

of whom

Senior Attorneys 17 2 19 17 2 19 20 3 23 19 3 22

Practicing Notaries 43 23 66 44 23 67 43 26 69 44 27 71

- Nil

Table 11.2 - Court rooms by type of court, Republic of Mauritius,

2014 - 2017

Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),


2014 2015 2016 2017

56

Courses/Training 2016 2017

Continuing Professional Development Courses 47 50

Workshop - Law Practitioners 13 20

Workshop - Judges 1 3

Workshops - Magistrates 1 7

Workshops - Court Personnel - 2

Workshops - Police Officers - 2

Workshops - IJLS Staff - 1

Seminars 2 1

Total 64 86

- Nil

Male Female Total Male Female Total

Full time

Chairperson 1 - 1 - 1 1

Director - - - - 1 1

Other Supporting Staff - 4 4 - 4 4

On Contract

Legal Researcher 1 2 3 1 1 2

Legal Intern - - - 1 1 2

Total 2 6 8 2 8 10

1 Excluding 5 part time staff from The Judiciary to IJLS

- Nil

Table 12.1 - Courses and training carried out by the Institute for Judicial and Legal

Studies (IJLS), 2016 & 2017

Table 12.2 - Staff 1 of the Institute for Judiciary and Legal Studies, Republic of Mauritius,

2016 & 2017

Job title

2016 2017

57

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:

Ms. C. Bandinah (Statistician)

Ms. V. Busgeeth (Senior Statistical Officer)

Statistics Unit, The Judiciary

Tel: 213-3055

Emails: [email protected]

: [email protected]

: [email protected]

http://supremecourt.govmu/

mailto:[email protected]

Annex II

GLOSSARY OF TERMS

1. Absolute discharge is complete and unconditional release.

2. 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.

3. 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.

4. Assault is physical attack against the body of another person.

5. Burglary is the unlawful entry into someone else’s premises with the intention to

commit a theft.

6. 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.

7. Community Service Order is a sentence requiring an offender to perform unpaid

community work e.g following imprisonment or non-payment of fines.

8. 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.

9. 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.

10. Criminal case is a case dealing with an offender indicted for an offence as defined by

the law.

11. Custodial Orders are sentences imposed on a defendant that require detention, e.g.

correctional or rehabilitation institutions, etc.

12. 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.

13. Embezzlement is defined as the wrongful appropriation of another person’s property

that is already in the possession of the person doing the appropriating.

14. Fraud is defined as the acquisition of another person’s property by deception.

15. Intentional homicide is defined as death deliberately inflicted on a person by another

person, including infanticide and abortion.

16. 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.

17. 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.

18. Juvenile is defined as a person aged from 12 to 17 years inclusive.

19. 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.

20. 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.

21. 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.

22. 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.

23. Property offence includes theft, fraud, embezzlement, damage to property and illegal

possession of property and stolen goods.

24. 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.

25. 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.

26. 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.

27. Robbery is the theft of property from a person, overcoming resistance by force or threat

of force.

28. Sexual offence is defined as sexual intercourse or assault without valid consent.

29. 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.

30. Theft is defined as the removal of property without the property owner’s consent.

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