Professional Documents
Culture Documents
ANNUAL REPORT
OF
THE JUDICIARY
2015
June 2016
ANNUAL REPORT
OF
THE JUDICIARY
2015
Puisne Judges
Judicial Officers
Master
& Registrar
ii
Administrative
& Technical
Officers
Chief Registrar
Senior
Registrar/
Regional Court
Administrator
Senior
Registrar/
Regional Court
Administrator
Chief Court
Officer/Court
Manager
Chief Court
Officer/Court
Manager
Chief Court
Officer/Court
Manager
Chief Court
Officer/Court
Manager
Principal Court
Officer
Internal Control
Unit
Registry
Masters
Office
Commercial
Division
Family
Division
Secretary to
Judges Office
Mediation
Division
Chief
Court Usher
Senior
Court
Officer
Manager
Human
Resources
Manager
Financial
Operations
Senior
Systems
Analyst
Senior
Librarian
Senior
Transcriber
Statistician
Court
Ushers
Office
Legal Aid
Unit
Human
Resource
Unit
Finance
Unit
Information
Services
Section
Library
Transcription
Unit
Statistics
Unit
CONTENTS
Page
The Judiciary
1-8
HIGHLIGHTS & TABLES
Supreme Court
9 & 10
11
1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015
12
12
13
14
15
17
18
18
19
20
21
21
22
22
23
4.1 - Cases at the Bail & Remand Court (BRC), 2014 & 2015
23
23
District Courts
24
6.1 - Civil and criminal cases at the District Courts, 2012 - 2015
25
26
27
6.4 - Plaint with summons (civil) cases at the District Courts, 2012 - 2015
28
28
29
Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2012 - 2015
6.8 - Breakdown by type of Orders under the Protection from Domestic Violence
Act 1997 at the District Courts, 2014 & 2015
6.9 - Breakdown of Protection Orders under the Protection from Domestic Violence
Act 1997 at the District Courts, 2014 & 2015
6.10 - Breakdown by sex of Protection Orders under the Protection from Domestic
Violence Act 1997 at the District Courts, 2015
6.7 -
29
30
31
32
34
35
36
37
Crime Statistics
8.1 - Criminal offences disposed of according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2014 & 2015
8.2 - Criminal offences disposed of by courts and outcome of judgment,
Republic of Mauritius, 2014 & 2015
8.3 - Convicted offences according to United Nations classification of offences,
Republic of Mauritius, 2014 & 2015
8.4 - Convicted offences by court and according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2015
8.5 - Drug offences convicted by type, Republic of Mauritius, 2012 - 2015
The Legal Aid Unit and Revenue and Expenditure of the Judiciary
9.1 - Legal aid assistance - applications received, services granted and amount paid Republic of Mauritius, 2012 - 2015
10.1 - Revenue collected from courts, Republic of Mauritius, 2012 - 2014 & January
to June 2015
10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2012 - 2014 & January
to June 2015
39
40
41
43 - 47
48
49
50
51
51
51
52
53
53
FIGURES
Supreme Court
1.5a - Cases lodged at the Supreme Court, 2014 & 2015
16
16
19
District Courts
6.1a - Total cases lodged, disposed of and outstanding at the District Courts,
Republic of Mauritius, 2014 & 2015
33
6.1b - Civil and criminal cases disposed of by District Courts, 2014 & 2015
33
38
38
38
Crime Statistics
8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2015
ANNEXES
I
II
Glossary of terms
42
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 Guardians of the Fundamental Rights entrenched in our Constitution, and to ensure and
enforce good governance. The Chief Justice is the Head of the Judiciary.
Strategic direction
Upgrade all District Court premises which deal with the bulk of court cases in order to
improve services to all stakeholders.
Expedite determination of court cases with the co-operation of all major stakeholders.
Reinforce special witness schemes to provide facilities to special categories of witnesses in
Court.
Develop and implement best practices in case flow management systems in order to improve
services to all users.
Promote continuous professional development for all Court personnel at the Institute for
Judicial and Legal Studies.
1.3.2
Set up a separate Court of Appeal Section and a separate High Court Section of the Supreme
Court to improve public perception of independence and objectivity in dispensing justice and
to streamline appeal cases.
Upgrade the digital and audio recording systems at the Supreme Court.
Upgrade the infrastructure of the Supreme Court and the District Courts of Grand Port, Flacq
and Upper Plaines Wilhems.
Revamp the Court video conferencing system.
Revamp the Supreme Court Library.
1.3.3
1.4
JUDICIAL SYSTEM
Mauritius has a single-structured judicial system consisting of two tiers - the Supreme Court
and subordinate courts. The Supreme Court is composed of various Divisions exercising
jurisdiction such as the Masters Court, the Family Division, the Commercial Division, the
Criminal Division, the Mediation Division, the Court of First Instance in civil and criminal
proceedings, the Appellate jurisdiction (to hear and determine civil & criminal appeals from
decisions of the subordinate courts), the Court of Civil Appeal and the Court of Criminal
Appeal (to hear and determine appeals from decisions of the Supreme Court sitting in the
exercise of its original jurisdiction in civil matters 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.
1.5.1
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.
1.5.2
1.5.3
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 (Assizes). 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. Offences specified in the Fifth Schedule to the Criminal Procedure Act are tried
before a Presiding Judge without a jury.
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
The Supreme Court has full power and jurisdiction to hear and determine all appeal cases,
whether civil or criminal, from the decision of:
i. the Judge in Chambers;
ii. the Masters Court;
iii. the Intermediate Court;
iv. the Industrial Court;
v. the District Courts and
vi. a 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
The Court of Civil Appeal is a Division of the Supreme Court. It hears and determines all
appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil
proceedings. It is constituted of two or three Judges, as the Chief Justice may decide. Where
the Chief Justice is absent or is for any reason unable to sit on the Court of Civil Appeal, the
Senior Puisne Judge, presides over the Court of Civil Appeal.
1.5.6
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.
1.7
1.7.1
SUBORDINATE COURTS
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 Order.
(a) Civil Jurisdiction of the Intermediate Court
The Intermediate Court has jurisdiction in all civil cases where the claim or matter in 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.
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, Workmens 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
6
to resolve the dispute. In the event that there is no agreement between the parties, the matter
is set down for trial. It is to be noted that such cases are disposed of by conflict resolution
rather than through a trial process.
(d) Criminal Jurisdiction
District Courts have power and jurisdiction to hear and determine criminal cases punishable
by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000.
(e) Juvenile Court
District Magistrates also exercise jurisdiction as Magistrates of the Juvenile Court. The
Juvenile Court tries young persons suspected of having committed criminal offences. The
Juvenile Court also deals with children who are beyond parental control and/or who need
care and protection.
(f) 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.
(g) Court of Rodrigues
The Court of Rodrigues is administered by a full-time Magistrate and a visiting Judge of the
Supreme Court.
A visiting Magistrate also visits other smaller islands forming part of the Republic of
Mauritius whenever required.
1.8
proficiency and ensures the maintenance of standards in the Judiciary, among Law
Practitioners/Legal Officers and Officers of the Court Cadre in order to enhance the
delivery of Court Services
ii.
1.9
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-Generals 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 programme.
2. SUPREME COURT
2.1
All cases
The total number of cases lodged (excluding appeal cases) at the Supreme Court decreased by
1% to 9,091 in 2015 from 9,154 in 2014 (Table 1.1).
Similarly, the total number of cases disposed of (excluding appeal cases) at the Supreme
Court decreased by 9% to 9,381 in 2015 from 10,357 in 2014.
A physical count of the total number of outstanding cases (excluding appeal cases) showed
that 7,765 cases were not yet disposed of at the end of the year 2015, representing a fall of 4%
over the figure of 8,055 in 2014 (Table 1.1).
2.2
The number of criminal offences, convicted at the Criminal Division of the Supreme Court
(Assizes), declined by 13% to 34 in 2015 from 39 in 2014 with decreases in custodial
sentences for murder, sexual offences and drug offences. However, some 13 accused were
sentenced for manslaughter in 2015 compared to 8 in 2014. The number of convictions for
wounds and blows causing death without intention to kill but with premeditation went up to
7 in 2015 from 3 in 2014 (Table 1.3a).
2.3
Appellate Jurisdiction
In 2015, some 303 appeal cases (140 civil and 163 criminal) were lodged at the Supreme
Court with a decrease of 8% over the 2014 figure of 329. About 30% of the 140 civil appeals
were from lower Courts. On the contrary, most (96%) of 163 criminal appeal cases lodged
were from the lower Courts and the remaining 6 cases from the Court of Criminal Appeals.
The total number of cases disposed of at the Appellate Jurisdiction almost halved to 300 in
2015 from 555 in 2014 due to decreases of 57% in civil cases to 140 and 30% in criminal
cases to 160.
At the end of year 2015, some 542 cases (334 civil and 208 criminal) were physically
counted, up by 1% against 539 in 2014 (Table 1.4).
2.4
Family Division
The total number of divorce petitions lodged at the Family Division for the Republic of
Mauritius increased by 7% to 2,556 in 2015 from 2,384 in 2014. This was due to a rise of 8%
for Mauritius and a fall of 12% for Rodrigues (Table 1.6).
Conversely, the number of divorce petitions disposed of decreased by 7% to 2,606 in 2015
from 2,812 in 2014. About 83% of the 2,606 divorce cases disposed of resulted in divorce
pronounced. (Table 1.8).
In 2015, around 47% of the petitioners were females compared to 29% of males; 67% were
married for 14 years or less; 24% 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 1,481 at the end of year 2015, a
drop of 3% over the 2014 figure of 1,531.
2.5
Mediation Division
The number of civil cases received at the Mediation Division of the Supreme Court dropped
by 33% to 226 in 2015 from 335 in 2014. Out of 308 cases (226 received in 2015 and 82
pending at the beginning of 2015), about 60% have been referred back to court, 26% were
where agreements between parties have been successfully recorded and 1% were purely and
simply struck out/set aside.
The number of outstanding cases at the end of 2015 fell by 52% to 39 from 82 at the same
period in 2014 (Table 1.10).
10
Cases disposed of
Cases lodged
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
943
860
765
539
370
369
329
303
453
464
555
300
860
765
539
542
Civil
520
460
481
334
184
211
180
140
244
190
327
140
460
481
334
334
Criminal
423
400
284
205
186
158
149
163
209
274
228
160
400
284
205
208
Other cases
8,202
7,884
9,258
8,055
8,883
9,248
9,154 9,091
8,015
7,874 10,357
9,381
8,073
9,258
8,055
7,765
8,190
7,853
9,223
8,019
8,849
9,216
9,115 9,056
8,000
7,846 10,319
9,345
8,042
9,223
8,019
7,730
12
31
35
36
34
32
38
36
31
35
36
35
8,744 10,023
8,594
9,253
9,617
8,338 10,912
9,681
8,933 10,023
8,594
8,307
Appeal cases
11
Civil
Criminal
Total
9,145
39
35
15
9,483 9,394
8,468
28
Table 1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015
Cases pending at the beginning
of the year
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
12
31
35
36
34
32
39
35
15
28
38
36
31
35
36
35
Trial by Jury
15
20
28
15
16
32
18
11
24
26
15
20
28
20
16
15
19
16
17
17
14
10
16
15
15
Criminal Division
Table 1.3 - Offences disposed of by type of offence at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015
Offences
2013
2014
Trial by Jury
13
23
26
Murder
Manslaughter
12
13
Rape
Sodomy
10
23
17
10
Importation of heroin
21
16
Importation of gandia
Other2
17
36
40
36
12
2012
Total
1
2
2015
Table 1.3a - Offences disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2012 - 2015
2012
2013
2014
2015
15
36
39
34
13
36
35
32
13
14
17
Murder
Manslaugher
12
13
Rape
Sodomy
23
12
Importation of heroin
21
11
Importation of gandia
Importation of heroin
Other 2
Intentional homicide
17
36
40
36
Total convictions
Imprisonment
Intentional homicide
Drug offences
Other
Fine
Drug offences
Murder
Drug offences
Importation of heroin
Other offences
Aiding & abetting in the commission
of a crime
Total
1
Other include importation/trafficking/possession of other drugs (e.g hashish, subitex, buprenorphine, etc.)
13
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
520
460
481
334
184
211
180
140
244
190
327
140
460
481
334
334
173
162
127
102
56
36
43
42
67
71
68
59
162
127
102
85
Appeals from
decisions of the Judge
sitting at Chambers,
Tribunals & other
authorities, etc.
237
181
218
123
68
114
56
48
124
77
151
28
181
218
123
143
Court of Civil
Appeals
110
117
136
109
60
61
81
50
53
42
108
53
117
136
109
106
423
400
284
205
186
158
149
163
209
274
228
160
400
284
205
208
395
380
270
200
184
153
146
157
199
263
216
153
380
270
200
204
28
20
14
10
11
12
20
14
943
860
765
539
370
369
329
303
453
464
555
300
860
765
539
542
Civil
14
Criminal
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
258
339
797
538
1,394
1,449
1,672
1,596
1,257
991
1,931
1,720
339
797
538
414
45
35
147
112
641
507
843
735
629
395
878
736
35
147
112
111
Commercial matters
185
249
593
419
624
818
757
780
526
474
931
900
249
593
419
299
Bankruptcy petitions
28
55
57
129
124
72
81
102
122
122
84
55
57
1,051
1,389
1,515
1,488
713
690
572
589
542
564
599
482
1,312
1,515
1,488
1,595
Levy cases
480
745
819
776
389
425
351
345
321
351
394
293
668
819
776
828
571
644
696
712
324
265
221
244
221
213
205
189
644
696
712
767
2,996
1,906
2,589
2,223
3,776
3,906
3,722
3,952
3,700
3,223
4,088
4,171
2,172
2,589
2,223
2,004
2,127
1,368
1,925
1,507
2,300
2,354
2,292
2,475
2,323
1,797
2,710
2,536
1,337
1,925
1,507
1,446
485
271
372
441
620
621
574
609
587
520
505
715
385
372
441
335
Chambers
384
267
292
275
856
931
856
868
790
906
873
920
450
292
275
223
3,539
3,741
3,797
3,292
1,054
1,064
1,107
948
852
1,008
1,612
1,022
3,741
3,797
3,292
3,218
3,115
3,229
3,325
3,049
720
749
784
661
606
653
1,060
754
3,229
3,325
3,049
2,956
424
512
472
243
334
315
323
287
246
355
552
268
512
472
243
262
346
478
525
478
1,912
2,107
2,042
1,971
1,649
2,060
2,089
1,950
478
525
478
499
8,190
7,853
9,223
8,019
8,849
9,216
9,115
9,056
8,000
7,846 10,319
9,345
8,042
9,223
8,019
7,730
Commercial Court
Chambers
Master's Court
15
Family Division
Divorce petitions
16
Appellate
Criminal
Appellate Civil
Registry Criminal
Registry Civil
Chambers
Family Division
Master's Court
Commercial
Court
Number of cases
4,000
4,000
Appellate
Criminal
Appellate Civil
Registry
Criminal
Registry Civil
Chambers
Family Division
Master's Court
Commercial
Court
Number of cases
Figure 1.5a - Cases lodged at the Supreme Court, 2014 & 2015
4,500
2014
3,500
2015
3,000
2,500
2,000
1,500
1,000
500
Figure 1.5b - Cases disposed of at the Supreme Court, 2014 & 2015
4,500
2014
3,500
2015
3,000
2,500
2,000
1,500
1,000
500
Island of Rodrigues
Republic of Mauritius
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2,127
1,368
1,925
1,507
52
34
34
24
2,179
1,402
1,959
1,531
Cases lodged
2,300
2,354
2,292
2,475
104
96
92
81
2,404
2,450
2,384
2,556
2,323
1,797
2,710
2,536
86
96
102
70
2,409
1,893
2,812
2,606
1,929
1,494
2,175
2,097
74
90
87
64
2,003
1,584
2,262
2,161
391
289
522
430
11
15
402
294
537
436
Dismissed
12
11
13
11
Judicial separation
1,337
1,925
1,507
1,446
70
34
24
35
1,407
1,959
1,531
1,481
Divorce pronounced
17
Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius,
2012 - 2015
Island of Mauritius
Island of Rodrigues
Republic of Mauritius
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
689
537
746
711
11
12
18
10
700
549
764
721
580
446
685
648
27
37
30
26
607
483
715
674
466
357
534
529
15
26
28
15
481
383
562
544
152
118
172
171
15
167
125
178
180
26
32
33
34
29
37
37
38
13
14
6 and above
1,930
1,496
2,177
2,099
74
90
87
64
2,004
1,586
2,264
2,163
Total
Table 1.8 - Divorces pronounced by petitioning parties and grounds, Republic of Mauritius, 2012 - 2015
Island of Mauritius
Island of Rodrigues
Republic of Mauritius
18
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Husband petitioner
603
415
595
616
24
35
22
12
627
450
617
628
341
235
352
331
12
22
18
10
353
257
370
341
27
26
21
34
31
26
22
34
235
154
222
251
13
243
167
225
253
994
713
1,061
968
46
50
57
43
1,040
763
1,118
1,011
728
512
774
664
41
47
56
36
769
559
830
700
257
193
278
296
262
196
279
303
Joint petitioners
(both husband & wife)
332
366
519
513
336
371
527
522
332
366
519
513
336
371
527
522
1,929
1,494
2,175
2,097
74
90
87
64
2,003
1,584
2,262
2,161
Grounds:
Faute
Rupture de vie commune
Aux torts partags
Wife petitioner
Grounds:
Faute
Rupture de vie commune
Ground:
Mutual consent
Total
Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2012 - 2015
Duration of
marriage (years)
Island of Mauritius
Island of Rodrigues
Republic of Mauritius
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Under 5
425
309
389
407
432
315
398
415
5-9
528
435
664
560
20
35
27
12
548
470
691
572
10 - 14
418
298
438
453
22
15
19
18
440
313
457
471
15 - 19
234
194
300
288
12
10
10
246
203
310
298
20 - 24
175
144
196
210
10
180
149
206
217
25 - 29
82
57
116
104
84
66
121
106
30 and above
68
59
74
77
11
74
70
81
84
1,930
1,496
2,177
2,099
74
90
87
64
2,004
1,586
2,264
2,163
Total
19
Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2012 - 2015
2012
2013
2014
2015
109
209
119
82
582
393
335
226
171
172
120
81
43
50
19
268
261
233
185
209
119
82
39
20
3. INTERMEDIATE COURT
The total number of cases lodged at the Intermediate Court decreased by 5% to 3,163 in 2015
from 3,341 in 2014 resulting from drops of 8% in the number of civil cases and of 1% in the
number of criminal cases.
Similarly, a decrease of 2% was noted in the total number of cases disposed of due to a fall of
7% in civil cases and a rise of 7% in criminal cases.
The number of cases outstanding dropped by 2% to 6,305 at the end of year 2015 from 6,422
for the same period in 2014.
Table 2.1 - Civil and criminal cases at the Intermediate Court, 2012 - 2015
Civil cases
Criminal cases
Total
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Cases
pending at the
beginning of
the year
2,502
4,264
4,273
4,212
1,385
1,733
2,140
2,210
3,887
5,997
6,413
6,422
Cases lodged
2,080
1,979
2,051
1,886
1,757
1,945
1,290
1,277
3,837
3,924
3,341
3,163
Cases disposed
of
1,827
1,970
2,112
1,970
1,409
1,538
1,220
1,310
3,236
3,508
3,332
3,280
Cases
outstanding at
the end of the
year
3,106
4,273
4,212
4,128
1,733
2,140
2,210
2,177
4,839
6,413
6,422
6,305
21
4. INDUSTRIAL COURT
The total number of cases lodged at the Industrial Court increased by 1% to 1,231 in 2015
from 1,215 in 2014. A rise of 6% was noted in civil cases against a fall of 17% in criminal
cases.
An overall decrease of 6% was registered in the number of cases disposed of with a rise of 3%
in civil cases and a drop of 30% in criminal cases.
At the end of the year 2015, a physical count of the total number of cases showed that 1,117
cases (928 civil and 189 criminal) were outstanding, a rise of 2% over the 2014 figure of
1,090.
Table 3.1 - Civil and criminal cases at the Industrial Court, 2012 - 2015
Civil cases
Criminal cases
Total
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Cases pending
at the beginning
of the year
641
845
856
875
194
304
299
215
835
1,149
1,155
1,090
Cases lodged
922
939
952
1,013
259
244
263
218
1,181
1,183
1,215
1,231
Cases disposed
of
803
928
933
960
199
249
347
244
1,002
1,177
1,280
1,204
Cases
outstanding at
the end of the
year
845
856
875
928
304
299
215
189
1,149
1,155
1,090
1,117
22
2015
1,790
1,162
Cases lodged
3,905
4,148
Cases disposed of
4,533
3,926
1,162
1,384
2,108
1,754
Bail granted
1,113
978
6. WEEKEND COURT
The cases lodged at the Weekend Court fell by 5% to 1,319 in 2015 from 1,385 in 2014. Out
of 1,319 cases lodged in 2015, there were police objection in 68% of them and detainees have
been released on parole in the remaining 32% of cases. Some 54 cases were fixed for bail
hearing with 26% being undefended and 7% being cases where bail was not granted.
Table 5.1 - Cases at the Weekend Court (WEC), 2014 & 2015
2014
2015
1,385
1,319
475
425
910
894
Defended
28
40
Undefended
64
14
43
50
49
Cases lodged
Cases where detainees have been released on
parole
Cases where there was police objection
Total cases fixed for bail hearing:
23
7. DISTRICT COURTS
In 2015, about 43% of civil and criminal cases were lodged in urban areas. From 2014 to
2015, an increase was noted in the number of these cases across all the courts except for falls
of 19% in Port Louis (Division I), 7% in the District Court of Moka and 3% in the District
Court of Upper Plaines Wilhems. Among the rural areas, the District Court of Flacq registered
the largest number of cases lodged at 14,633 in 2015 (Table 6.1). The number of criminal
cases lodged increased by 8% to 121,167 in 2015 from 112,291 in 2014. However, in 2015,
drops were noted at the District Courts of Moka (-7%) and Upper Plaines Wilhems (-2%)
(Table 6.2). From 2014 to 2015, an overall decrease of 12% was felt in the total number of
civil cases lodged from 7,093 to 6,209. This drop was observed across all District Courts
except for that of Black River whereby a rise of 2% was noted.
From 2014 to 2015, the total number of civil and criminal cases which were disposed of
decreased marginally to 123,755. A decrease of 12% was noted in civil cases from 7,281 to
6,400 and a negligible increase in criminal cases from 116,862 to 117,355. The largest
number of cases disposed of in 2015 was recorded at the Division III of Port Louis District
Court. In 2015, despite a negligible rise in the total number of criminal cases disposed of, falls
were felt at the District Courts of Riviere du Rempart (-17%), Flacq (-17%) and
Pamplemousses (-12%) (Table 6.2). A decrease in the number of civil cases disposed of was
noted at all District Courts except for those of Black River, Moka and Port Louis (Division I)
(Table 6.3).
The number of cases lodged under plaint with summons dropped by 18% to 2,920 in 2015
from 3,541 in 2014. Similarly, those disposed of for the same period decreased by 13% to
3,179 from 3,675 (Table 6.4).
From 2014 to 2015, the number of cases under the Small Claim Procedure lodged and those
disposed of showed respective falls of 16% to 1,041 and 10% to 1,032 (Table 6.5).
The number of cases lodged for State debts for the Island of Mauritius rose by 15% to 478 in
2015 from 416 in 2014 whilst for the same period, the cases disposed of showed a fall of 28%
to 395 in 2015 (Table 6.6).
Similarly, the number of cases lodged under the Protection from Domestic Violence Act 1997
decreased by 7% to 1,770 in 2015. More than half of them were lodged in the urban District
Courts and half of them came from the Lower Plaines Wilhems. Following in the same trend,
the number of cases disposed of also showed a fall of 6% to 1,794 in 2015 from 1,916 in 2014
(Table 6.7).
From 2014 to 2015, the total number of applications received under the Protection from
Domestic Violence Act 1997 decreased by 6% from 1,895 to 1,774 with drops for Protection
Orders from 1,855 to 1,734, for Occupation Orders from 35 to 34 and no case for revocation
in 2015. On the contrary, the applications received for tenancy increased from 4 in 2014 to 6
in 2015 (Table 6.8).
The applicants for Protection Orders among spouse/partner showed a drop of 12% to 1,387 in
2015. Some 93% of them were females (Tables 6.9 & 6.10).
24
Table 6.1 - Civil and criminal cases at the District Courts, 2012 - 2015
Cases pending at the beginning
of the year
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
869
843
737
764
1,628
1,264
1,279
1,031
1,651
1,473
1,252
1,270
843
634
764
525
3,802
3,538
2,778
2,805
9,250
12,583
9,567
10,627
7,720
13,343
9,540
10,214
3,538
2,778
2,805
3,218
678
1,078
4,682
3,273
11,787
13,398
16,112
16,979
9,429
9,794
17,521
17,604
1,078
4,682
3,273
2,648
Pamplemousses1
2,878
2,641
3,083
2,569
12,741
18,567
12,674
12,760
12,688
18,120
13,545
11,896
2,641
3,088
2,212
3,433
Riviere du Rempart
3,553
5,490
4,131
3,160
12,360
11,785
11,473
11,991
11,654
14,762
12,444
10,338
5,490
2,513
3,160
4,813
Flacq
3,474
5,254
6,055
4,925
13,862
14,236
14,568
14,633
10,826
14,189
15,698
13,119
5,254
5,301
4,925
6,439
Moka
1,512
2,664
2,203
3,278
8,635
8,773
8,553
7,915
7,483
9,234
7,478
8,571
2,664
2,203
3,278
2,622
1,856
2,414
3,326
1,886
14,916
15,171
10,744
14,122
14,317
14,259
12,184
13,071
2,414
3,326
1,886
2,937
2,266
4,182
3,101
3,778
16,259
13,128
12,164
11,788
13,683
14,209
11,487
12,621
4,182
3,101
3,778
2,945
Grand Port
1,677
1,362
1,127
1,501
9,083
7,780
6,593
7,618
9,398
8,015
6,219
7,232
1,362
1,127
1,501
1,887
Savanne
1,617
1,837
2,210
1,302
7,242
6,508
5,647
5,954
6,849
6,135
6,555
6,582
1,837
2,210
1,302
674
Black River 1
981
1,331
1,480
1,169
5,463
5,336
5,147
6,451
5,151
5,187
5,562
6,152
1,331
1,480
1,065
1,468
Rodrigues
306
572
305
510
5,244
3,941
4,863
5,507
4,897
4,208
4,658
5,085
653
305
510
932
Island of Mauritius
25,163 32,634
34,913
32,634
32,443
29,949
33,609
Republic of Mauritius
25,469 33,206
35,218
33,287
32,748
30,459
34,541
25
1
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
3,802
3,538
2,778
2,805
9,250
12,583
9,567
10,627
7,720
13,343
9,540
10,214
3,538
2,778
2,805
3,218
678
1,078
4,682
3,273
11,787
13,398
16,112
16,979
9,429
9,794
17,521
17,604
1,078
4,682
3,273
2,648
Pamplemousses 1
2,778
2,575
2,973
2,484
12,261
18,003
12,197
12,289
12,116
17,605
13,022
11,427
2,575
2,973
2,148
3,346
Riviere du Rempart
3,482
5,450
4,040
3,076
12,032
11,396
11,063
11,652
11,294
14,424
12,027
9,999
5,450
2,422
3,076
4,729
Flacq
3,336
5,133
5,948
4,781
13,361
13,693
13,945
14,040
10,301
13,632
15,112
12,594
5,133
5,194
4,781
6,227
Moka
1,394
2,600
2,142
3,198
8,324
8,501
8,230
7,639
7,118
8,959
7,174
8,262
2,600
2,142
3,198
2,575
1,259
1,843
2,831
1,526
13,276
13,586
9,289
12,867
12,709
12,598
10,594
11,650
1,843
2,831
1,526
2,743
1,927
2,367
2,854
3,590
13,170
11,634
10,877
10,643
12,070
11,147
10,141
11,642
2,367
2,854
3,590
2,591
Grand Port
1,419
1,280
1,001
1,402
8,515
7,270
6,137
7,231
8,654
7,549
5,736
6,839
1,280
1,001
1,402
1,794
Savanne
1,519
1,809
2,145
1,261
6,940
6,253
5,436
5,777
6,477
5,917
6,320
6,399
1,809
2,145
1,261
639
927
1,296
1,439
1,085
5,100
5,006
4,773
6,070
4,778
4,863
5,231
5,786
1,296
1,439
981
1,369
164
516
251
472
5,011
3,736
4,665
5,353
4,659
4,001
4,444
4,939
516
251
472
886
Island of Mauritius
22,521 28,969
32,833
28,481
114,016 121,323
107,626 115,814
28,969
30,461
28,041
31,879
Republic of Mauritius
22,685 29,485
33,084
28,953
119,027 125,059
112,291 121,167
29,485
30,712
28,513
32,765
26
Black River
Rodrigues
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
869
843
737
764
1,628
1,264
1,279
1,031
1,651
1,473
1,252
1,270
843
634
764
525
100
66
110
85
480
564
477
471
572
515
523
469
66
115
64
87
71
40
91
84
328
389
410
339
360
338
417
339
40
91
84
84
Flacq
138
121
107
144
501
543
623
593
525
557
586
525
121
107
144
212
Moka
118
64
61
80
311
272
323
276
365
275
304
309
64
61
80
47
597
571
495
360
1,640
1,585
1,455
1,255
1,608
1,661
1,590
1,421
571
495
360
194
339
1,815
247
188
3,089
1,494
1,287
1,145
1,613
3,062
1,346
979
1,815
247
188
354
Grand Port
258
82
126
99
568
510
456
387
744
466
483
393
82
126
99
93
Savanne
98
28
65
41
302
255
211
177
372
218
235
183
28
65
41
35
Black River
54
35
41
84
363
330
374
381
373
324
331
366
35
41
84
99
142
56
54
38
233
205
198
154
238
207
214
146
137
54
38
46
Island of Mauritius
2,642
3,665
2,080
1,929
9,210
7,206
6,895
6,055
8,183
8,889
7,067
6,254
3,665
1,982
1,908
1,730
Republic of Mauritius
2,784
3,721
2,134
1,967
9,443
7,411
7,093
6,209
8,421
9,096
7,281
6,400
3,802
2,036
1,946
1,776
Pamplemousses
Riviere du Rempart
27
Rodrigues
Civil cases comprise plaint with summons, small claims, state debts and cases against the Protection from Domestic Violence Act 1997
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
Table 6.4 - Plaint with summons (civil) cases at the District Courts, 2012 - 2015
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
1,359
918
860
724
1,410
1,179
817
941
Pamplemousses
170
289
188
269
272
259
222
265
Riviere du Rempart
157
146
168
138
166
113
175
136
Flacq
243
303
363
201
261
298
337
213
Moka
140
91
107
109
130
107
81
130
1,023
938
716
605
1,093
988
885
653
616
690
507
395
615
826
538
336
Grand Port
245
216
251
112
347
212
228
145
Savanne
113
143
112
48
116
124
120
71
Black River
176
178
129
210
181
166
115
189
Rodrigues
160
128
140
109
162
131
157
100
Island of Mauritius
4,242
3,912
3,401
2,811
4,591
4,272
3,518
3,079
Republic of Mauritius
4,402
4,040
3,541
2,920
4,753
4,403
3,675
3,179
Table 6.5 - Small Claim Procedure at the District Courts, 2012 - 2015
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
107
115
148
76
96
85
153
85
Pamplemousses
102
87
138
80
87
60
141
92
Riviere du Rempart
80
68
96
81
95
54
96
88
Flacq
85
82
114
240
102
88
105
160
Moka
81
112
113
89
147
92
137
85
126
127
193
106
111
146
107
193
115
122
140
151
120
149
124
127
Grand Port
264
104
101
86
325
122
87
73
Savanne
172
73
77
63
239
60
90
55
Black River
99
68
118
69
113
73
100
73
Rodrigues
13
17
Island of Mauritius
1,231
958
1,238
1,041
1,435
929
1,140
1,031
Republic of Mauritius
1,244
961
1,241
1,041
1,452
932
1,142
1,032
28
Table 6.6 - State debts cases at the District Courts1, 2012 - 2015
Cases lodged
2012
2013
Cases disposed of
2014
2015
2012
2013
2014
2015
75
49
25
2,178
493
416
378
737
1,862
464
312
Grand Port
112
59
53
59
51
Savanne
41
32
478
738
1,964
548
395
Island of Mauritius
2,253
605
416
Table 6.7 - Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2012 - 2015
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
162
231
271
231
145
209
282
244
Pamplemousses
208
188
151
122
213
196
160
112
91
175
146
120
99
171
146
115
Flacq
173
158
146
152
162
171
144
152
Moka
90
69
103
78
88
76
86
94
416
520
546
544
403
478
573
575
180
189
224
221
141
225
220
204
Grand Port
59
78
104
130
72
79
109
124
Savanne
17
39
22
25
17
34
25
25
Black River
88
84
127
102
79
85
116
104
Rodrigues
60
74
55
45
59
73
55
45
Island of Mauritius
1,484
1,731
1,840
1,725
1,419
1,724
1,861
1,749
Republic of Mauritius
1,544
1,805
1,895
1,770
1,478
1,797
1,916
1,794
Riviere du Rempart
29
Table 6.8 - Breakdown by type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts,
2014 & 2015
Orders
Total
Protection
Occupation
Tenancy
Revocation
30
2014
2015
2014
2015
2014
2015
2014
2015
2014
2014
Applications received
1,855
1,734
35
34
1,895
1,774
1,772
1,603
1,779
1,610
Orders issued
1,025
1,061
1,035
1,071
860
700
16
19
881
723
61
19
..
..
..
..
..
..
61
19
Figures for applications received/orders issued are not necessarily comparable to cases lodged/disposed of (table 6.7) due to applications made for different Orders or for
more than one person in a case
.. Not applicable
Table 6.9 - Breakdown of Protection Orders under the Protection from Domestic Violence Act 1997 at the District Courts,
2014 & 2015
Other persons living under
the same roof
Spouse/partner
Total
2015
2014
2015
2014
2015
Applications received
1,581
1,387
274
347
1,855
1,734
1,522
1,286
250
317
1,772
1,603
Orders issued
893
869
132
192
1,025
1,061
751
560
109
140
860
700
59
19
61
19
31
2014
Table 6.10 - Breakdown by sex of Protection Orders under the Protection from Domestic Violence Act 1997 at the
District Courts, 2015
Other persons living under
the same roof
Spouse/partner
Total
Female
Total
Male
Female
Total
Male
Female
Total
Applications received
92
1,295
1,387
101
246
347
193
1,541
1,734
71
1,215
1,286
90
227
317
161
1,442
1,603
Orders issued
43
826
869
50
142
192
93
968
1,061
54
506
560
37
103
140
91
609
700
19
19
19
19
32
Male
Number of cases
120000
2015
100000
80000
60000
40000
20000
Lodged
Disposed of
Outstanding
Number of cases
16,000
13,000
10,000
7,000
4,000
1,000
33
34
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Supreme Court
9,145
8,744
10,023
8,594
9,253
9,617
9,483
9,394
8,468
8,338
10,912
9,681
8,933
10,023
8,594
8,307
Appeal cases
943
860
765
539
370
369
329
303
453
464
555
300
860
765
539
542
8,202
7,884
9,258
8,055
8,883
9,248
9,154
9,091
8,015
7,874
10,357
9,381
8,073
9,258
8,055
7,765
3,887
5,997
6,413
6,422
3,837
3,924
3,341
3,163
3,236
3,508
3,332
3,280
4,839
6,413
6,422
6,305
835
1,149
1,155
1,090
1,181
1,183
1,215
1,231
1,002
1,177
1,280
1,204
1,149
1,155
1,090
1,117
25,163 32,634
34,913
30,410
121,869
118,670
32,634
32,443
29,949
33,609
305
510
5,085
653
305
510
932
Other cases
Intermediate Court
Industrial Court
35
District Courts1
Court of Rodrigues
306
572
Island of Mauritius
39,030
48,524
52,504 46,516
47,555
50,034
46,055
49,338
Republic of Mauritius
39,336
49,096
52,809 47,026
48,208
50,339
46,565
50,270
5,244
3,941
4,863
5,507
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
4,897
4,208
4,658
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Supreme Court
435
431
319
241
220
190
188
198
224
302
266
196
431
319
241
243
Appeal cases
423
400
284
205
186
158
149
163
209
274
228
160
400
284
205
208
Other cases
12
31
35
36
34
32
39
35
15
28
38
36
31
35
36
35
1,385
1,733
2,140
2,210
1,757
1,945
1,290
1,277
1,409
1,538
1,220
1,310
1,733
2,140
2,210
2,177
Industrial Court
194
304
299
215
259
244
263
218
199
249
347
244
304
299
215
189
District Courts1
22,521
28,969
32,833
28,481
115,814
112,416
28,969
30,461
28,041
31,879
164
516
251
472
4,939
516
251
472
886
Island of Mauritius
24,535
31,437
35,591
31,147
31,437
33,219
30,707
34,488
Republic of Mauritius
24,699
31,953
35,842
31,619
31,953
33,470
31,179
35,374
Intermediate Court
36
Court of Rodrigues
5,011
3,736
4,665
5,353
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
4,659
4,001
4,444
Cases lodged
Cases disposed of
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
2012
2013
2014
2015
Supreme Court
8,710
8,313
9,704
8,353
9,033
9,427
9,295
9,196
8,244
8,036
10,646
9,485
8,502
9,704
8,353
8,064
Appeal cases
520
460
481
334
184
211
180
140
244
190
327
140
460
481
334
334
8,190
7,853
9,223
8,019
8,849
9,216
9,115
9,056
8,000
7,846
10,319
9,345
8,042
9,223
8,019
7,730
2,502
4,264
4,273
4,212
2,080
1,979
2,051
1,886
1,827
1,970
2,112
1,970
3,106
4,273
4,212
4,128
Industrial Court
641
845
856
875
922
939
952
1,013
803
928
933
960
845
856
875
928
District Courts1
2,642
3,665
2,080
1,929
9,210
7,206
6,895
6,055
8,183
8,889
7,067
6,254
3,665
1,982
1,908
1,730
142
56
54
38
233
205
198
154
238
207
214
146
137
54
38
46
Island of Mauritius
14,495
17,087
16,913
15,369
21,245
19,551
19,193
18,150
19,057
19,823
20,758
18,669
16,118
16,815
15,348
14,850
Republic of Mauritius
14,637
17,143
16,967
15,407
21,478
19,756
19,391
18,304
19,295
20,030
20,972
18,815
16,255
16,869
15,386
14,896
Other cases
Intermediate Court
37
Court of Rodrigues
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015
Number of cases
140,000
2015
120,000
100,000
80,000
60,000
40,000
Lodged
Disposed of
Outstanding
140,000
Number of cases
120,000
2015
100,000
80,000
60,000
40,000
20,000
Lodged
Disposed of
Outstanding
Number of cases
2014
2015
Lodged
Disposed of
Outstanding
38
9. CRIME STATISTICS
9.1 Summary of criminal offences disposed of
In 82% (118,007) of the 144,290 criminal offences disposed of in 2015, the defendants were
proven guilty and sentenced; while 18% of the offences were acquitted or non-adjudicated
(Figure 8.2).
The Court of Rodrigues has the highest percentage (95%) of offences proven guilty followed by
the Supreme Court (94%) and the Industrial Court (87%).
Only 3,530 (3%) 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 (97%) of these
offences, the defendants were either sentenced to pay fines or to serve Community
Service/Probation Orders (Non-Custodial Orders).
Some 94% of the sentences pronounced (proven guilty) at the Supreme Court followed by 37%
at the Intermediate Court were Custodial Orders. Conversely, all the sentences pronounced at the
Industrial Court and 98% of those pronounced at the District Courts were Non-Custodial Orders.
9.2 Convicted offences
The overall convicted offences increased by 2% to 118,007 in 2015 from 115,348 in 2014
(Table 8.3). This rise is due to main increases in sexual offences (+16%), property offences
(+6%), drug offences (+4%) and road traffic contraventions (+3%).
From 2014 to 2015, the rise in convicted sexual offences was mainly due to an increase in
solicits/importunes another person for immoral purpose from 9 to 17.
Similarly, the main increase in convicted property offences was due to rises in fraud and
dishonesty (+27%) from 731 to 928 and theft (+5%) from 3,282 to 3,451.
About 76% of the criminal offences disposed of in the Republic of Mauritius in 2015 were road
traffic contraventions. In addition to the 89,917 contraventions convicted in 2015 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.
39
Island of Rodrigues
Republic of Mauritius
2014 2
2015
2014
2015
2014 2
2015
133
139
137
140
16
20
16
21
116
119
120
119
7,035
7,354
279
185
7,314
7,539
239
357
20
259
364
7,972
8,755
228
149
8,200
8,904
909
1,187
19
915
1,206
Embezzlement
321
277
10
322
287
3,587
3,851
167
85
3,754
3,936
Robbery
1,258
1,391
63
20
1,321
1,411
Burglary
365
470
17
16
382
486
1,963
1,989
87
49
2,050
2,038
3,155
3,440
54
35
3,209
3,475
2,355
2,329
58
149
2,413
2,478
93,987
97,606
4,433
4,755
98,420
102,361
6,783
4,985
295
225
7,078
5,210
14,094
17,135
157
159
14,251
17,294
132,598
138,660
5,474
5,630
138,072
144,290
Sexual offences
Property offences
Theft
Automobile theft
Other theft
Other property offences
Drug offences
Road traffic contraventions3
Other contraventions
Other offences
Total
1
2
3
40
Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2014 & 2015
Convictions by penalty imposed
Acquitted & nonadjudicated2
Imprisonment
2014
2015
2014
2015
2014
2015
Supreme Court
35
32
Industrial Court
51
32
1,569
1,761
1,169
2015
40
36
393
216
447
250
1,108
1,490
984
879
921
5,107
4,775
21,103
24,488
1,893
2,307
127
82
107,525
110,291
1,830
2,061
132,478
139,229
1,154
1,960
106
335
11
11
10,329
9,883
167
189
11,767
12,378
3,795
3,795
107
187
11,947
12,990
150
112
16,003
17,091
588
618
194
379
19
15,241
14,135
248
291
16,278
15,442
2,588
3,063
49
133
10,231
9,676
112
216
12,983
13,089
2,137
2,923
117
239
14,199
12,455
233
262
16,692
15,884
Moka
1,306
1,626
62
115
6,989
7,761
77
102
8,443
9,606
2,846
2,516
512
346
65
21
8,796
10,319
243
204
12,462
13,406
1,996
2,838
91
148
9,107
9,919
163
118
11,360
13,025
812
1,433
404
108
5,529
7,438
67
86
6,817
9,067
Savanne
1,197
1,808
79
152
6,402
5,958
98
95
7,779
8,016
Black River
2,073
1,619
89
115
4,004
4,694
245
158
6,420
6,595
611
289
83
50
4,751
5,063
27
228
5,474
5,630
Island of Mauritius
22,113
25,994
3,014
3,397
125
83
104,661
106,430
2,685
2,756
132,598
138,660
Republic of Mauritius
22,724
26,283
3,097
3,447
127
83
109,412
111,493
2,712
2,984
138,072
144,290
District Courts:
41
Pamplemousses
Riviere du Rempart
Flacq
Grand Port
Rodrigues
Acquitted means dismissed and non-adjudicated means struck out and Nolle Prosequi
2015
2014
2015
Total
2014
Intermediate Court
2014
Probation, Community
Service, Conditional &
Absolute Discharges
Fine
Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2015
Criminal offences1
disposed of
144,290
(100%)
District Courts
Supreme Court
Industrial Court
Intermediate Court
250
(negligible)
4,775
(3%)
District Courts
(Island of
Mauritius)
133,599
(93%)
Court of Rodrigues
5,630
(4%)
42
Acquitted &
nonadjudicated2
Proven
guilty
Acquitted &
nonadjudicated2
Proven
guilty
Acquitted &
nonadjudicated2
Proven
guilty
Acquitted &
nonadjudicated2
2
(6%)
34
(94%)
32
(13%)
218
(87%)
1,761
(37%)
3,014
(63%)
24,199
(18%)
Acquitted &
Proven
guilty
adjudicated
109,400
(82%)
289
(5%)
non2
Proven
guilty
5,341
(95%)
Custodial
Orders3
Non Custodial
Orders
Custodial
Orders3
Non Custodial
Orders
Custodial
Orders3
Non Custodial
Orders
Custodial
Orders3
Non Custodial
Orders
Custodial
Orders3
Non Custodial
Orders
32
(94%)
2
(6%)
Nil
218
(100%)
1,109
(37%)
1,905
(63%)
2,339
(2%)
107,061
(98%)
50
(1%)
5,291
(99%)
Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences
Community
Service
Probation
2014
2015
46
41
60
32
14
17
Murder
Manslaughter
13
Abortion
Total
2014
2015
2014
2015
11
109
86
15
18
13
31
24
60
32
10
93
68
30
22
32
23
59
32
61
45
74
94
2,750
2,615
95
69
25
42
113
117
3,060
2,937
40
48
2,543
2,387
88
66
12
24
67
70
2,753
2,595
53
20
10
14
20
89
51
15
15
138
183
13
17
168
219
13
10
16
14
22
18
10
47
59
43
2014
2015
Conditional &
Absolute
Discharges
2015
2014
2015
Fine
2014
2014
2015
according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences
2015
48
19
11
14
2014
2015
51
Rape
Sodomy
Sexual offences
2014
44
2015
19
2014
Conditional &
Absolute
Discharges
Community
Service
Probation
2
2015
2014
2015
2014
2015
32
20
20
47
54
2014
17
12
Fine
2014
2015
141
164
11
11
17
35
30
12
35
36
60
55
1
4
Total
17
17
13
36
23
1,545
1,926
25
33
2,014
1,921
181
164
239
366
1,350
1,272
5,354
5,682
162
310
390
325
11
14
47
104
121
174
731
928
Forgery
47
46
117
94
33
51
20
105
217
296
Swindling
47
170
33
23
12
22
12
106
217
19
16
27
29
12
Impersonation
21
11
Extortion
Property offences
Fraud and dishonesty
10
36
14
10
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences
Fine
2015
28
40
146
22
2014
2015
2014
Community
Service
Probation
2015
2015
2014
123
11
45
2014
Total
2014
2015
10
30
36
215
220
15
12
43
25
10
11
83
89
2014
2015
Conditional &
Absolute
Discharges
2014
2015
45
14
14
45
26
70
68
34
37
44
66
198
202
1,228
1,490
24
816
846
146
99
132
199
936
787
3,282
3,451
478
586
11
15
116
153
61
25
60
75
392
330
1,118
1,184
34
36
12
43
54
12
12
59
108
18
18
53
79
142
217
328
373
87
112
47
19
53
66
310
220
833
797
49
61
22
25
88
104
Embezzlement
Theft
Automobile theft
Robbery
Larceny armed with offensive weapon
Larceny with violence by night
breaking
30
-
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences
Community
Service
Probation
2
269
11
27
48
10
18
24
67
85
343
439
86
113
17
26
35
132
175
20
33
13
32
55
104
123
16
37
12
35
37
179
209
540
635
11
672
644
75
65
54
100
477
372
1,820
1,827
20
39
28
154
312
274
459
527
617
572
34
41
34
75
222
195
1,367
1,417
61
69
27
31
43
23
141
136
110
100
738
682
19
46
26
26
249
245
1,143
1,101
Damages to property
20
466
10
90
93
254
215
14
36
22
21
Larceny scaling
46
Arson
483
41
36
17
2014
16
2015
23
2014
212
16
223
10
2015
210
Burglary
2014
2015
Total
2015
2014
2015
Conditional &
Absolute
Discharges
2014
2014
2015
Fine
39
201
5
2014
528
604
11
2015
520
568
13
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences
2015
194
193
2,041
2,131
96
148
87,522
16
1,083
981
99
Drug offences
Road traffic contraventions4
Other contraventions
Other offences
Community
Service
Probation
2014
Total
2
2014
2015
2014
2015
21
20
15
2,264
2,363
89,652
91
98
17
13
87,726
89,917
5,500
3,453
74
12
13
5,531
3,563
47
9,506
11,657
32
35
102
74
341
501
11,163
13,295
601
774
602
775
681
1,511
681
1,511
853
1,398
10
866
1,401
44
39
250
291
15
20
316
355
3,097
3,447
127
83
109,412 111,493
322
358
488
639
1,902
1,987
2014
2015
Conditional &
Absolute
Discharges
2015
2014
2015
Fine
2014
2014
2015
47
Protection from Domestic Violence Act
Total
1
Revised
3'
Assault causing effusion of blood' reclassified under 'assault against an agent of Civil Authority'
115,348 118,007
Table 8.4 - Convicted offences1 by court and according to United Nations classification of offences (broad categories),
Republic of Mauritius, 2015
Offences
Port Louis
Div II Div III
Pamplemousses
Riv. du
Rempart
Flacq
Grand
Port
Savanne
RoseHill
Curepipe
Moka
Black IntermeRiver
diate
SC2
IC3
Rodrigues
All
Courts
47
24
86
17
18
47
68
291
177
377
368
387
194
275
251
238
149
130
28
72
2,937
10
112
164
379
379
686
364
372
260
198
546
378
182
272
1,542
124
5,682
40
51
57
37
35
15
32
58
15
14
552
17
928
22
17
23
13
71
202
262
243
447
218
237
186
126
405
238
120
192
699
78
3,451
Robbery
84
92
158
74
75
47
37
104
71
24
65
336
17
1,184
Burglary
23
14
70
22
23
27
53
22
13
28
122
15
439
155
137
219
122
138
112
82
248
145
83
99
241
46
1,827
71
76
160
92
92
52
58
86
69
43
60
220
22
1,101
496
137
144
51
62
135
51
224
235
49
105
516
10
148
2,363
7,464 10,420
12,757
8,266
9,296
6,346
4,694
8,046
7,353
6,706
3,854
55
4,660
89,917
Sexual offences
Property offences
Fraud and dishonesty
Embezzlement
48
Theft
Automobile theft
Other theft
Other property offences
Drug offences
Road traffic contraventions 5
Other contraventions
Other offences
Total
221
218
90
280
1,011
160
415
367
166
248
183
197
3,563
1,560
1,961
768
691
1,827
533
568
1,446
1,811
644
427
707
218
134
13,295
10,418 13,296
14,824
10,026 12,961
7,634
6,208 10,890
10,187
7,980
4,976
3,014
34
218
5,341
118,007
Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2012 - 2015
1
2015
401
303
486
11
27
15
12
40
15
270
256
207
407
Consumption
106
29
50
Other
12
Gandia
510
778
1,004
1,129
Importation
22
Cultivation
14
78
91
129
25
87
492
567
678
656
Consumption
131
182
187
Other
21
48
1,600
1,243
957
748
22
33
17
267
114
728
654
414
452
Consumption
410
178
121
68
Other
428
372
148
108
2,394
2,422
2,264
2,363
Drug offences
Heroin
Importation
2012
2013
284
Dealing
Possession (heroin & articles)
Dealing
Possession (gandia & articles)
Other drugs
Importation
Dealing
Total
1
Revised
49
2014
50
Table 9.1 - Legal aid assistance - applications received, services granted and amount paid Republic of Mauritius, 2012 - 2015
2012
2013
2014
2015
4,788
6,317
3,498
3,132
4,707
6,024
3,175
2,985
1,985
2,279
2,430
1,838
1,879
2,140
2,272
1,715
21
19
42
52
985,995
1,589,687
1,144,375
1,179,968
Civil
Received
of which matrimonial
Granted
of which matrimonial
Criminal1
Received & granted
Amount paid (Rupees)
2013
2014
January to June
2015
Fines
255,553,758
277,466,327
294,655,628
93,039,442
Other2
53,630,312
50,357,032
46,167,681
23,008,493
Total
309,184,070
327,823,359
340,823,309
116,047,935
Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2012 - 2014 &
January to June 2015
2012
Capital1
2013
2014
January to June
2015
1,007,046
30,719,139
26,897,557
10,982,033
Recurrent
345,068,522
424,662,702
459,169,282
234,519,674
Total
346,075,568
455,381,841
486,066,839
245,501,707
Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues
1
51
Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2014 & 2015
2014
2015
Job title
Male
Female
Total
Male
Female
Total
Chief Justice
11
19
18
1
Vice President, Intermediate and Industrial Courts
10
15
16
12
12
District Magistrate
15
11
20
Chief Registrar1
Adviser3
21
21
22
22
26
26
30
30
37
37
74
35
38
73
22
79
101
17
71
88
10
10
10
10
49
55
61
69
Senior Transcriber
Transcriber
100
113
213
107
116
223
Total
306
300
606
321
300
621
Puisne Judge
On contract
52
2013
2014
2015
10
10
10
11
Family Court
Commercial Court
Intermediate Court
11
11
10
11
Industrial Court
District Courts
(Island of Mauritius)
23
24
23
28
52
53
51
58
Court
Supreme Court1
Court of Rodrigues
Total
Only 9 of the 10 court rooms of the Supeme Court operational from 2012 to 2014
Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2012 - 2015
Practicing Barristers
2012
2013
2014
2015
Male Female
Total
364
189
553
392
182
574
410
216
626
428
229
657
18
18
18
18
16
16
16
16
101
55
156
100
62
162
97
62
159
98
64
162
18
19
17
19
17
19
17
19
44
19
63
44
20
64
43
23
66
44
23
67
of whom
Queen's Counsel
Senior Counsel
Practicing Attorneys
of whom
Senior Attorneys
Practicing Notaries
53
Annex I
SUPREME COURT LIBRARY AND INFORMATION SERVICE
This report and the following are available at http://supremecourt.govmu.org:
1. The Laws of Mauritius
2. Judgments of the Supreme Court and the Privy Council
3. Judgments of the Masters 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 and proclamations
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
Annex II
GLOSSARY OF TERMS
1.
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.
4.
5.
Burglary is the unlawful entry into someone elses 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.
8.
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 persons property
that is already in the possession of the person doing the appropriating.
14. Fraud is defined as the acquisition of another persons 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 owners consent.