Police inquiries, he will, for the benefit of the house, obtain from the Commissioner of Police, information…
(No. B/359) Mrs A. Savabaddy (First Member for Port Louis North & Montagne Longue) asked the Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister of Finance, Minister for Rodrigues and Outer Islands whether, in regard to Police inquiries, he will, for the benefit of the house, obtain from the Commissioner of Police, information as to the rank of the Police Officers responsible for the determination of the section of the law under which charges are preferred against suspects, indicating if legal advice is sought prior thereto.
Madam Speaker, I am informed by the Commissioner of Police that, in accordance with section 131 of the Police Standing Orders, the responsibility to determine the section of the law under which charges are preferred against accused parties, rests upon completion of the enquiry. It is as follows – (i) For cases classified as crimes, it is by the Superintendent of Police and above;
27 (ii) For cases classified as Misdemeanours, it is by Assistant Superintendent of Police and above, and (iii) For cases classified as contraventions, it is by Chief Inspector of Police/Inspector of Police and above. Certain cases that are not classified as either a crime, a misdemeanour, or a contravention, such as industrial accidents and injuries, loss of documents and cards, minor road traffic accidents, and missing persons, are dealt with an officer not below the rank of Chief Inspector of Police. Madam Speaker, I am further informed by the Commissioner of Police that for certain offences under specific legislation, such as drug offences, fatal road accidents, homicides, and sexual offences, after completion of the enquiry, such cases are referred to the Office of the Director of the Public Prosecutions for advice.
Yes!
Thank you, Madam Speaker. Will the hon. Prime Minister agree with me that sometimes the charges against suspects are not proportionate to the offences? Cases of severe wounds and blows or severe assault causing effusion of blood, for example, end up as simple larcenies, and this must be addressed. Can the Police take legal advice from the DPP before levelling proper charges against accused parties so that the faulters do not get away scot-free? Thank you.
I will certainly pass on that suggestion to the Police.
Okay. Hon. Second Member for Rivière des Anguilles and Souillac! 2% CORPORATE CLIMATE RESPONSIBILITY LEVY – MUR 50 MILLION TURNOVER FIRMS – REVENUE GENERATED