Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
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Date
2015
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
For many years courts in Mauritius have considered a conviction that was
at least 10 years old to be spent for the purpose of sentencing. However, in
2002 the Mauritian Supreme Court held that there was no concept of spent
convictions in Mauritian law and that disregarding convictions of 10 years
or over old was a mere practice. The Supreme Court has not developed clear
guidelines for considering or disregarding such convictions for the purpose
of sentencing. In 2013 a Bill was gazetted, inter alia, to introduce the concept
of spent convictions in Mauritius. This article highlights the Mauritian case
law on spent convictions and the relevant clause of the Bill. The author
relies on legislation from, inter alia, South Africa, Australia, Seychelles and
Jamaica to suggest how the Mauritian law on spent convictions could be
improved.
Description
Keywords
Mauritius, Mauritian Supreme Court, Sentencing, Mauritian Criminal Procedure Act (cap 169 of 1853)
Citation
Mujuzi, J. (2015). Spent convictions in Mauritius:
Analysing the Police and Criminal
Evidence Bill, 2013. South African Journal of Criminal Justice, 28(2): 2842-326