Guidance

Information for British nationals detained or imprisoned in Mauritius

Updated 31 May 2022

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This publication is available at https://www.gov.uk/government/publications/mauritius-prisoner-pack/information-for-british-nationals-detained-or-imprisoned-in-mauritius

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Introduction

Who can help?

The Foreign, Commonwealth and Development Office (FCDO) is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth countries). All employ consular officers, and one of their duties is to provide help and advice to British Nationals who get into difficulty in a foreign country.

About the Consular Section of the British High Commission, Port Louis, Mauritius

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. A list of lawyers is provided by the British High Commission for your convenience, but neither Her Majesty’s Government, nor any official of the British High Commission, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

See our list of local lawyers in Mauritius.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information provided here is accurate and up to date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the Consular Representatives?

The British High Commission, Port Louis is your representative in Mauritius.

Contact information:

British High Commission
Sir Hesketh Bell Street
Floreal Mauritius
Mauritius

Telephone +230 660 4900
Fax +230 660 4908
Contact form Link to our contact form
Website https://www.gov.uk/government/world/mauritius

First steps

1. Who will know I have been detained?

When a British citizen is arrested and detained in Mauritius, the Mauritian authorities should inform the British High Commission upon the prisoner’s formal request and it is their right to have this notification done by the authorities. However, we often learn of an arrest informally before we are officially informed by the Ministry of Foreign Affairs, the Prison authorities or by the detainee’s friends and family.

2. What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone, even your family that you have been detained or what the charges are without your permission. If you want us to inform your family, or anyone else, you should then give us your consent for us to do so. We can also occasionally pass on messages to your family and friends if you want us to do so, but we cannot act as a post office. Please note that facilities now exist at the prisons for detainees to contact their family directly either by phone or Skype.

3. What will the Consulate do?

While you are being detained, held for questioning or pending trial, a member of Consular staff will aim to contact you within 24 hours of learning of your arrest. If you would like to request us to visit, we will need to seek permission from the Ministry of Foreign Affairs before a visit can be arranged. This process may take between 2 weeks to a month. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff.

We will bring you a prisoner’s pack and a list of lawyers should you need to contact one. We cannot give any legal advice nor can we pay for your legal costs, or fines, or any of your purchases in the prison.

At each consular visit, our staff will complete a report of the visit. If there is any information that you would prefer not to disclose to a next of kin you should let us know during the visit so that we can make it clear when we write our report what should and should not be disclosed to family and friends.

If appropriate, we will consider approaching the local authorities if we think you are not treated in line with internationally accepted standards.

4. Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police.

It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Detention conditions in Mauritius

Visits

1. How do my family and friends arrange a visit?

A request must be sent to the British High Commission who will forward the request to the authorities concerned i.e. Commissioner of Police. The Commissioner of Police will refer the request to the Ministry of Foreign Affairs (MFA) who will in turn seek clearance with the competent authorities.

When sending the request to visit, family should send along photocopies of the following documents:

  • proof of relationship to the detainee (birth certificate)
  • proof of identity for the person wishing to visit (normally data page of passport)
  • copy of Certificate of Character of Origin
  • proof of address abroad

2. How many visits am I allowed?

For detainees on remand, your visitors are allowed 4 visits per month i.e. 1 visit per week of 15 minutes each. If you are a convicted prisoner, your visitors are allowed 2 visits per month of 30 minutes each.

For family resident abroad, frequency of visits can be considered on a case by case basis depending on the amount of time the family member is staying in the country and depending upon the circumstances. All visits will take place behind glass and you can communicate through phones. There may be other detainees seeing their visitors alongside you. If parents are visiting and request a contact visit, they should send their request well in advance of their arrival in the country (at least 2 months before).

3. Consular visits

Consular visits are allowed although we need to seek permission to visit from the MFA. This process can take up to a month before it is approved. We aim to visit at least 2 times a year or more often if the case requires. Consular visits are normally contact visits.

4. What can visitors bring?

Visitors can bring:

  • clothes
  • books
  • writing materials
  • painting materials
  • disposable razor (single blade)
  • sponge sandal (not more than 15mm thick)
  • combs
  • trainers *handkerchief

Foodstuff and cigarettes are not allowed. Relatives of detainees shall be allowed to deposit cash on behalf of detainees, only for the purchase of medications.

The Mauritian Judicial System

Overview and first steps

The Judiciary of Mauritius is responsible for the administration of justice in Mauritius and has as mission to maintain an independent and competent judicial system, which upholds the rule of law, safeguards the rights and freedom of the individual and commands domestic and international confidence. The Constitution provides for the institution of an independent judiciary, which is based on the concept of separation of powers. Mauritius has a single-structured judicial system consisting of 2 parts, the Supreme Court and the Subordinate Courts.

The Subordinate Courts consist of:

  • Court of Rodrigues
  • Intermediate Court
  • Industrial Court
  • District Courts
  • Bail and Remand Court
  • Criminal and Mediation Court
  • Commercial Court

The Chief Justice is head of the judiciary. The Constitution of Mauritius is the supreme legal document of the country. The final appeal from decisions of the Court of Appeal of Mauritius to the Judicial Committee of the Privy Council in London as provided for under the Constitution of Mauritius.

The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. Presently, there are 17 Puisne Judges.

The British High Commission cannot interfere with the Mauritian Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to treat you more favourably than others.

1. Is the system the same as the UK?

Laws governing the Mauritian penal system are derived partly from French civil law and British common law. The Constitution of Mauritius states that for purposes of separation of powers, the judiciary is independent.

According to The Heritage Foundation, the trials are fair and the legal system is generally non-discriminatory and transparent.

2. What should happen when I am arrested?

You will be taken to a police station to be questioned and to give a statement to the police. It should be in English. You may ask for a lawyer to be present. You will of course have to pay for the lawyer you have appointed. If the police decide to detain you, then you should be presented before a judge within 24 hours. You can be detained in a police cell for up to 21 days.

After questioning, the police will decide whether to issue you with a Provisional Charge and you will be taken before a court for the Provisional charge to be held. The Magistrate (if it is at a District court) or judge will decide if you can be released on parole.

If you are released on parole, it is likely that the judge will place an ‘Objection to Departure’, which will prevent you from leaving the country. It is possible to apply to the court for permission to leave the country, but this is dealt with on a case by case basis. It has been known for ‘Objections to Departure’ to be placed without the person being provisionally charged.

If you are not released on parole, you will either be returned to a police cell or transferred to prison. Once you are transferred to a prison, the Induction Unit will help you for the first 72 hours to give you the necessary information. A panel of officers will welcome you and help you adapt to the environment. You will receive psycho-social support to help you cope with the situation.

3. For how long can I be remanded in custody on a Provisional Charge?

It depends on the crime, the charges and your financial situation. If you are unable to support yourself financially you will be detained in prison until the charge is decided. It can take many months before a decision is made to either issue a formal charge or drop the case.

4. What provision is there for bail?

Provision for bail exists. Those remanded on drug related cases are less likely to get bail. Your lawyer has to apply for bail and the court will decide whether bail can be granted provided that there is no police objection. For some offences, bail will not be granted if it is deemed likely that the accused will flee or commit the same offence before trial.

The cost of bail varies depending on the seriousness of the offence. In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime of which he is accused.

5. What happens when I am issued with a full charge?

The Mauritian legal system is such that it may take some time before you are formally charged. The police will carry out inquiries and investigations and this can be a long process. When there is enough evidence to open a prosecution, the investigation stage is closed and the case is deferred to the Director of Public Prosecutions (DPP). If the DPP finds there is enough evidence, a formal charge is issued. The case is then sent for trial but this can take a long time.

1. What happens at the trial?

On the day of the trial, if you are still in detention, you will be taken by the police to the court where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer. Court hearings in Mauritius are normally carried out in English. Only in exceptional cases can a consular officer be present at the court hearing.

Free legal aid is NOT available for foreigners. You will have to appoint and pay for a lawyer. See our list of lawyers. This can also be sent to you by the consular officer.

Please note that the British High Commission will not pay for legal services for you.

3. Sentences

Sentences vary depending on the seriousness of the crime. For drug related offences, the sentence can be very harsh and up to 45 years in prison. Time spent in custody prior to trial is not always counted when the sentence is pronounced. It will depend on the case and on the length of time you have been in custody.

4. How can appeals be made?

Depending on the case and on the sentence, an appeal can be made through your lawyer to the Supreme Court. There is the court of Civil Appeal and the court of Criminal Appeal. Any party may appeal against a judgement or order of a Judge sitting alone in the exercise of his original civil jurisdiction. Such appeals are governed by the Court of Civil Appeal Act.

A person convicted before the District, Intermediate or Supreme Court may appeal under the Criminal Appeal Act against his conviction or sentence. Appeals are heard in front of at least 2 judges.

Reaching the end of your sentence

1. What provision is there for reduction of sentence (remission) e.g. for good behaviour?

Provisions exist for reduction of sentence for good behaviour or review of sentence. Presidential grace is also a possibility but this will depend on the case and many other factors. There is no remission for drug related cases and child abuse.

2. What provision is there for early release e.g. on parole?

Provision exists for release on parole or release on bail after a bail motion has been presented and accepted by the court. Certain conditions will apply, such as reporting to the police every day.

3. What provision is there for clemency or pardon?

Pardon or Clemency can only be by Presidential grace and this is not something that is done often. Cases where sentences do not attract remission can apply only for Presidential grace. Those whose sentence attracts remission can apply both to the Parole board and for Presidential grace.

4. What about any financial penalties?

Financial penalties should be paid immediately after hearing otherwise the detainee is kept in prison until the financial penalty is paid. It is not normally the practice to have a financial penalty attached to a prison sentence.

5. Is transfer to another prison within Mauritius possible?

Yes, it is possible upon request and depending on the case. There are different types of prison i.e. High Security, Medium Security and open prison. Transfer to another prison is unlikely to be considered for someone who has been admitted to High Security prison.

6. Is transfer to the UK a possibility?

There is a Prisoner Transfer Agreement between Mauritius and the UK. Prisoner Transfer Agreements allow prisoners to transfer to serve the remainder of their sentence in their own country. This enables them to be closer to family and friends in an English speaking environment.

The prisoner should inform the High Commission of their intention to apply for transfer and we will take the application forward. Please note that the transfer process may take time and that prisoner must have served two thirds of his sentence in Mauritius before the transfer to the UK. The UK and the country in which the British prisoner is held have the right to refuse a request as this is not an automatic right.

7. What are the procedures for release and deportation?

  • the prisoner must have served (2/3) two-third of the sentence before the transfer can be effective
  • the prisoner must not be a witness in a case
  • the prisoner has no other criminal proceedings pending or no outstanding fines
  • the offence must constitute a criminal offence in the UK
  • the prisoner must have police clearance

A transfer committee will arrange the deportation.

Prison conditions/ services

1. Arrival at prison

On arrival at the prison, the Induction Unit of the prison, consisting of a panel of prison officers, including welfare officers, will be there to help you mainly for the first 72 hours. You will be given the relevant information to help you adapt to your new environment. You will normally have no direct access to phones. It is essential that you ask the prison welfare officers to inform the British High Commission at their earliest convenience. It is your right to do so.

When a British citizen is detained, the relevant authorities (in this case the MFA) must inform us. It can take some time before we are officially informed by the authorities. It is therefore important to inform us through the prison welfare officers. With your permission, we can then inform your family and inform them of the procedures in place to contact you.

2. General prison conditions

Imprisonment is generally in small cells with a number of other detainees. Mauritius is one of the rare countries where time out of cell is from 6:15 a.m. to 17:00 p.m. Prison officials will normally speak English to British prisoners. Many other detainees can also speak English although most of them will speak in the local language (Creole). While in detention, detainees can have access to the prison library where English books are available. All prisons on the island are Human Rights standards compliant. Civil Society and NGOs are widely involved in assisting at prisons. The prison has both an internal and external inspectorate.

3. How can I receive money?

Money can be received through electronic bank transfers, postal orders sent directly to the prison authorities, through Western Union transfers and through the Foreign, Commonwealth & Development Office (FCDO) to the British High Commission in Mauritius to be passed on to you. Under the Consular Fees Order of 2017/2018, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows:

Amount being sent Fee
£0.01 - £99.99 £10
£100 - £499.99 £25
£500 and above £50

When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £50, you will need to send us £60 (£50 to give to the recipient plus £10 fee). We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient. Money for prisoners should be sent/deposited to the Foreign, Commonwealth & Development Office (FCDO) in UK. See Additional Information for more detail. Arrangements will be made by the Vice Consul and the Prison to pay that money into your account at the prison.

4. Can I work or study in prison?

Yes, prisoners are allowed to work in prison provided work is available. They can also study for a recognised certificate MITD and MQA approved. Studies at Tertiary level can also be undertaken through distance learning if the family of the detainee is willing to pay for it.

Studies currently available are:

  • Certificate of Primary Education (CPE)
  • National Exams Form 3 with possibility to study up to Cambridge School Certificate (SC)
  • Gas Welding and Metal Fabrication (City and Guilds Certificate)
  • Basketry and Fibre craft
  • Wood Trade
  • Pastry/ Bakery

At the women’s prison, Garment making, hairdressing and beauty care are also available.

5. Can I receive medical and dental treatment?

Medical and dental treatment are available in all prisons. There are visiting specialists visiting the prison on a regular basis including dentists, psychiatrists and psychologists attached to the prison. If necessary, detainees are admitted to public hospital where there is a special ward for prisoners. Prisoners can request for private doctors at their own costs.

6. Food and diet

The prisons have a dietician to work out the menu. If required, for health reasons, a balanced diet is worked out for detainees. Prisoners are also allowed to buy additional foods at the canteen. Do not expect to have the same quality of food as you would in the UK.

7. Mail/ Parcels

Prisoners can receive and send mail. They are allowed to receive parcels if these are of a reasonable size provided they do not contain cigarettes or foodstuffs. Any contact with the outside world is likely to raise some security considerations and checks will be carried out before mail or parcels are delivered.

8. Can I make telephone calls?

For phone facilities, prisoners will be required to buy phone cards, this can be purchased by family and friends at Mauritius Telecom and can be handed to prisoners on visits. Prisoners are allowed one phone cards per month provided they have enough funds to buy telephone cards. Prisoners can also purchase phone cards out of their working prison earnings. Foreign prisoners are now also allowed skype calls if their family lives abroad. Skype facilities are available to prisoners on a fortnightly basis.

9. Leisure and entertainment

There is a recreational yard. Detainees are allowed exercise every day and volleyball and football matches are organised, as well as sports competitions. Detainees are engaged in constructive indoor and outdoor activities. There is a library and a reading room. TV is available and radio is allowed in cells.

10. Drugs

Drugs/ medication are available as prescribed and medication and food supplements can be bought. Drug trafficking between inmates in prisons happens. If you are caught with any kind of illegal drugs, you will be punished accordingly.

11. How can I make a complaint about mistreatment?

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you; to check on your welfare; discuss the allegations; and inform you of any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

Additional information

The prison authorities now work with several NGOs who help in different ways with prisoners’ rehabilitation. Religious groups also work closely with the prison authorities. At the prison, there are places of worship for the 4 main religions present in the country i.e. Tamil, Hindu, Christian and Muslim. There is currently an NGO called HOPE (Helping Overseas Prisoners Endure) consisting of mainly expatriates and some Mauritians married to foreigners, who regularly visit foreign prisoners who have no family or friends here. This NGO started in 2001 and at the beginning used to visit the Women’s prison only. They have now extended their visits to the men’s prison.

There are 5 prisons in Mauritius:

  • Melrose High Security Prison
  • Beau Bassin
  • Richelieu open prison
  • Phoenix prison
  • Petit Verger and Petite Rivière

Instructions on how to get funds transferred to detainees

Money can be transferred to detainees by their family/ friends in the UK. Please note that we can only advance funds to the person overseas once your payment has been cleared in our account. Money can be transferred as follows:

1. Through electronic bank transfers

Payment by electronic/ internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank: National Westminster Bank
Account name: FCDO Multi Vote
Sort Code: 60-70-80
Account Number: 10012362
Reference: FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE - THAILAND or CON-1234 SMITH JOE – THAILAND, IBAN GB56NWBK60708010012362, SWIFT/BIC NWBKGB2L

You may also need our bank address which is:

National Westminster Bank
Government Banking
CST PO Box 2027
Parkland, De Havilland Way, Howich
Bolton, BL6 4YU

2. By post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to:

Accounts Receivable
Foreign, Commonwealth & Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page. If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth & Development Office
FCDO case reference number:
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in:
Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is:

3. By postal order

This can be sent directly to the prisoner, c/o Relevant Prison (see above list of prisons). This will then be cashed by the prison welfare officer and deposited on the prisoner’s account.

4. Through Western Union money transfer

The money will then be cashed by the Prison Welfare officer and deposited on the prisoner’s account.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

  • your rights as a prisoner and issues that may affect you such as health or transfer to the UK
  • obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
  • writing to a pen pal
  • learning the language of your country of imprisonment
  • translation of documents
  • grants for food if you are in a developing country and don’t have funds from other sources
  • grants for essential medicines and toiletries if you don’t have funds from other sources
  • preparing for release
  • help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone 00 44 (0)20 7561 6820
Freephone (for your relatives in the UK) 0808 172 0098
Email [email protected]
Website www.prisonersabroad.org.uk

Available Mondays to Fridays 9.30am to 4.30pm, UK time.

Annexes

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