Mr Deputy Speaker, Sir, as the House is aware, there have been several parliamentary questions over time in relation to the Police and Criminal Justice Bill, formerly known as the Police and Criminal Evidence Bill. The Police and Criminal Evidence Bill (No. IV of 2013) was introduced in the National Assembly on 16 April 2013 for First Reading. The National Assembly was subsequently prorogued and the Bill never went through. I wish to inform the House that since 2013, this Bill has had a rather checkered history, so much so that it has never really been finalised and certainly not gone through the legislative process. Thereafter, as from 2015, the preceding government looked for expert advice and reports were produced, including one by Professor Michael Zander KC, who opined that the Bill ought to be introduced with relevant Codes of Practice. It is important to note that these Codes of Practice were –  First of all, the exercise by Police Officers of statutory powers to stop and search.  The second code would look at the searches of premises by Police Officers and the seizure of property found by Police Officers on persons or premises.  The third Code of Practice looked at the statutory powers of arrest by Police Officers.  The fourth Code of Practice related to the detention treatment and questioning of persons by Police Officers.  The fifth one related to the identification process of persons by Police Officers. In 2016, Sir Geoffrey Rivilin QC, a consultant, was mandated by the Commonwealth Secretariat to review the Police and Criminal Evidence Bill, and in his initial report to Mauritius advised that, and I quote – “My recommendation in that report was that subject to the views of the important stakeholders I was about to meet, provisional information and provisional charges should be abolished.”

63 The alternative to the ongoing provisional charge or provisional information had been worked out. In 2019, this Bill was almost finalised, but there was a clear lack of political will to bring about this fundamental change. Provisional information and provisional charges had been widely used, dare I say, abused by the Police as from 2015. And many political figures had to suffer the torments and anguish resulting from the arbitrary use of that procedure. Ceci explique bien cela. I wish to inform the House that this Government is determined to introduce the Police and Criminal Justice Bill before the National Assembly after consultations are completed. Since the beginning of this year, my office has been looking into improvements that can be brought to existing versions of the Bill, the latest one dated 2019. My office has already begun formal consultations with the Office of the DPP and the Office of the Commissioner of Police in relation to the finalisation of the Police and Criminal Justice Bill. Indeed, a copy of an initial 2025 Police and Criminal Justice Bill has been sent to the Office of the DPP and that of the Commissioner of Police for their views and input. But let me say this for the benefit of the House and of the general public, it is also my intention to widen the scope of these consultations to include stakeholders such as – but, of course, not limited to – Transparency International, the NGO Dis-Moi and other relevant NGOs and organisations. What must be emphasised is that we shall be doing away with provisional charges as we know them today. But there is a need to formulate a new process to be adopted by investigative authorities which will now have to work in closer collaboration with the prosecuting authority. It is in this vein that we are also working on the National Prosecution Service Bill and the Mauritius National Crime Agency Bill. This is indeed a very tall order given the limited resources available at my office, which it bears reminding, Mr Deputy Speaker, Sir, is the smallest budget of all Ministries. The Police and Criminal Justice Bill will indeed revolutionise the criminal justice system and will require the bind of the Office of the DPP and that of the Commissioner of Police to be workable so that it will not hinder investigating authorities whilst ensuring that fundamental rights are preserved and protected.

64 Let me end with a word of caution. Putting a bill through Parliament, especially this one, may be probably the easiest part. What will also be needed, and that is probably more important, is – (i) a change in the mindset of investigative authorities. (ii) the necessity for training for all stakeholders in the criminal justice system, and (iii) capacity building of important departments such as forensics and cybersecurity.

The hon. First Member for Savanne and Black River! MINISTRIES/DEPARTMENTS – RENTED BUILDINGS & PREMISES