Mauritian law treats a child suspected of an offence through a specialist framework of age, assessment, diversion and rehabilitation. A child under 14 cannot be prosecuted; a young person aged 14 to under 18 is called a juvenile for this part of the Children’s Act 2020 and may be prosecuted in the Criminal Division of the Children’s Court. Arrest does not remove the child’s rights or make detention inevitable.
The minimum age of criminal responsibility
Section 49 of the Children’s Act is categorical: no child under 14 may be prosecuted for a criminal offence. If police reasonably suspect such a child, section 50 says the child must not be detained. Police conduct an enquiry, immediately notify the Ministry responsible for probation and aftercare services, and that Ministry can arrange assessment by a probation officer and psychologist, support, counselling or a written intervention plan.
This is not the same as declaring that nothing happened. Property may need to be returned, a victim protected and the causes of the behaviour addressed. The legal response is welfare and intervention rather than criminal conviction. Once the young person is 14, prosecution becomes legally possible, but age remains relevant throughout assessment, release, trial and sentence.
Arrest and questioning of a child
For a juvenile who is arrested, police must immediately take reasonable steps to inform a parent of the arrest and where the child may be seen. The Commissioner of Police must arrange separation from adult detainees while the juvenile is detained, conveyed to court, or waiting around a hearing. A female juvenile in detention must be under the care of a woman police officer.
Section 60 supplies a safeguard often misstated online. Every statement from a juvenile offender during a criminal investigation is ordinarily recorded in the parent’s presence. If the officer in charge has reasonable grounds to believe the juvenile’s best interests require the parent’s absence, the statement may instead be taken with a probation officer present. The child should not guess at an answer or sign a statement that has not been understood. Legal-assistance rights for juveniles are addressed in our police-station legal assistance guide.
Diversion away from prosecution
Diversion is a structured statutory route, not an informal police warning. Where the Director of Public Prosecutions considers prosecution should not begin, or existing proceedings should be discontinued, the DPP asks a probation officer to assess whether diversion is in the juvenile’s best interests. If the assessment supports it, the DPP may offer enrolment rather than prosecution.
Section 56 describes diversion as an individualised, non-residential supervision and rehabilitation scheme. An approved plan is tailored to the juvenile and monitored for a defined period, which may not exceed three years. Non-compliance does not mechanically produce a conviction: assessment can be referred back to the DPP to decide whether proceedings should begin or resume. Families should therefore understand each programme condition rather than treating diversion as the end of the matter.
Proceedings in the Children’s Court
The Criminal Division ordinarily hears offences committed by a juvenile who is still aged under 18 when formally charged, subject to statutory exceptions for the gravest offences. Before the first appearance, a probation officer assesses the child and can address age, care needs, release or detention, diversion and whether an adult used the child to commit the offence. The assessment information is confidential and is not evidence at bail, plea, trial or sentencing.
The Court must use simple language suited to the child’s maturity and arrange for a parent or another designated person to accompany a child where appropriate. That child-friendly setting does not dilute the prosecution’s burden or the defence’s ability to challenge evidence. See how a criminal case moves through the Children’s Court.
Detention as a last resort
Section 57 states that detention of an arrested juvenile should, as far as possible, be a measure of last resort. A probation assessment specifically formulates recommendations about release, detention and placement. This does not amount to an automatic right to release: the alleged offence, safety, risk of absconding and workable supervision may matter under the applicable bail law. If release conditions are imposed, a practical difficulty should be raised with the legal representative before it becomes a breach.
A child under 14 occupies a different position and must not be detained under section 50. Confusing these two age groups can lead a family to demand the wrong remedy or overlook the welfare assessment that should take place.
The role of parents and guardians
A parent is required to attend all stages when a juvenile is charged or otherwise brought before a Court, unless the child had already been removed from that parent’s custody by Court order. The Court can summon the parent. Attendance means more than waiting outside: the parent should bring identity and age documents, ensure the child keeps appointments, tell the lawyer about health or learning needs, and provide accurate home and school information for the probation assessment.
Parents should not delete messages, contact an alleged victim to “sort things out”, or rehearse a preferred account with the child. In a conflict of interest, where no parent is available or where a parent cannot act in the child’s best interests, the Protection Division may appoint a guardian ad litem to advocate and monitor the child’s interests through the process.
Records, rehabilitation and reintegration
Privacy is real but is not the same as automatic erasure of every record. Section 27 prohibits media publication or broadcast of information identifying a child offender, victim or witness. Probation-assessment material has its own confidentiality protection. Before making a school, employment, visa or certificate declaration, however, obtain advice on the exact question asked and the actual outcome; do not assume that diversion, discharge and conviction have identical consequences.
After conviction for an offence other than a contravention, the Court must obtain a pre-sentence report covering matters such as home surroundings, school performance, health and the best way to deal with the juvenile. Available outcomes extend beyond custody and include discharge, a fine, or commitment to a parent, relative or fit person with security for good behaviour. The broader sentencing context is explained in sentencing in Mauritius.
Suppose a 15-year-old in Rose Hill is accused of using another pupil’s bank card online. The immediate file should preserve the phone, transaction messages and proof of age; the parent should attend the police process and request legal assistance, while avoiding any approach to the other pupil. Whether the case is suitable for diversion is then assessed through the statutory probation-and-DPP route, not decided by the school or the parents. Related technology offences are outlined in our cybercrime guide. Lex Aquila’s high-value and sensitive matters practice can advise where a child faces a criminal investigation.
Frequently asked questions
At what age can a child be prosecuted in Mauritius?
A child under 14 cannot be prosecuted under section 49 of the Children’s Act 2020. From 14 to under 18, the young person is treated as a juvenile and prosecution is possible, with assessment, diversion and Children’s Court safeguards applying where the statute provides.
Can a child be detained before trial?
A juvenile aged 14 or over can be detained where the applicable law permits, but section 57 says detention should, as far as possible, be a last resort. A suspected child under 14 must not be detained under section 50 and is instead referred into enquiry, assessment and support.
Must a parent be present during questioning?
A juvenile’s police statement is ordinarily recorded with a parent present. If the officer in charge reasonably considers the juvenile’s best interests require otherwise, section 60 permits the statement to be recorded without the parent but with a probation officer present.
How Lex Aquila Advocates can help
Lex Aquila Advocates can advise a family at the police, assessment, diversion and Children’s Court stages, including on the distinction between welfare intervention for an under-14 and criminal proceedings against a juvenile. For assistance through the chambers’ the chambers' criminal law practice, contact use the enquiry form; enquire on WhatsApp; or call +230 5858 7956 · urgent matters.
This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.