Right to bail: In Mauritius, the right to personal liberty is guaranteed by section 5 of our Constitution and the process of bail is governed by the Bail Act 1999. Individuals in custody whether in police cell or in jail have the right to apply for bail and subject to certain conditions, that person is entitled to be released on bail. Being at large is the norm and to remain in custody, the exception.

Where to apply for bail? Mauritius has a specialised Bail & Remand Court (BRC) that handles bail applications. However, when a person is in police cell, the application should be made before the District Court where the provisional information has been lodged. Application to the BRC is only made where a person is in jail or when the BRC sits as the Week-End Court and the individual has been arrested and brought before that court during that lapse of time. Application for bail can also be made before the Court before which the formal charge has been lodged and can be made for cases pending appeal.

Conditions for bail: A release on bail may involve entering into a recognisance and providing one or more sureties. Other conditions may include reporting to the police regularly, restrictions of places to which the individual may go to, restriction of movement after 6 p.m (curfew order), the prohibition of, or control over, communication by that individual with witnesses or potential witnesses and the supervision by a probation officer.

Refusal of bail: A Court can refuse bail where it is satisfied that the individual is likely to fail to appear in court, commit another offence, interfere with witnesses, tamper with evidence, obstruct the course of justice, for his own protection or for the preservation of public order.