Police custody in Mauritius is governed first by the constitutional requirement that any deprivation of liberty be lawful. A person arrested on reasonable suspicion must be told the reason as soon as reasonably practicable, given access to counsel if not released, and brought before a court without undue delay. There is no sound basis for turning that rule into a universal “48-hour” entitlement for every arrest.
The limits on police detention
Police cannot keep a person merely for convenience or punishment. The arrest and continued detention must rest on a lawful basis, and the person must understand why liberty has been taken away. Ask whether you are under arrest, what suspected offence is involved, which station is responsible, and whether release is being considered. Do not resist, but do not assume that an unexplained detention is regular.
The Constitution uses the context-sensitive test “without undue delay” for bringing an arrested or detained person before a court. A 48-hour rule found in a specific statutory power should not be generalised to every criminal investigation. Nor is the Constitution's narrowly framed possibility of restricting access for up to 36 hours in certain terrorism or drug-dealing legislation a general detention limit. Immediate advice is therefore more reliable than counting down an assumed fixed period.
Being brought before a court
If the person is not released, the police must bring them before a court without undue delay. In Mauritian practice, a provisional information may be lodged so that the suspect comes under judicial supervision while the enquiry continues. It is not necessarily the final charge: the prosecution may later file a formal information based on the evidence and the offence it says can be proved.
At court, counsel can address the legal basis for continued custody, bail, conditions, and the progress expected of the enquiry. The magistrate's involvement does not finally decide guilt. Keep copies of court papers and record each adjournment and direction, because prolonged uncertainty must be assessed against the full chronology. See the criminal court process and criminal-case timing guides for what follows.
Conditions of custody
The constitutional prohibition on torture and inhuman or degrading treatment applies in a police cell. Custody conditions must respect basic safety and dignity, including reasonable access to drinking water, sanitation, sleep, food, and hygiene. The National Preventive Mechanism Division of the National Human Rights Commission visits police cells and has repeatedly examined whether detention conditions meet these standards.
Make a clear request if water, a toilet, bedding, necessary hygiene, or protection from another detainee is needed. Note the time and response, and tell counsel. Conditions are assessed cumulatively: a short inconvenience is not automatically a constitutional breach, but injury, severe deprivation, intimidation, overcrowding, or neglect may require urgent intervention and evidence.
Medical examination and treatment
Tell the station immediately about injury, illness, disability, pregnancy, mental distress, dependence, allergies, or prescribed medication. State the medicine, dose, and timing accurately; do not take an unidentified substance. The National Human Rights Commission has said that a detainee requiring immediate medical attention should be taken to the nearest medical facility, and its preventive work treats access to healthcare as a core custody safeguard.
Ask that a request for examination and the response be recorded. Describe how an injury occurred without exaggeration and, when lawful and safe, preserve discharge notes, prescriptions, photographs, and the names of those present. A medical examination protects health and can provide independent evidence, but the doctor—not police or the detainee—determines the clinical findings and treatment.
Contact with family and counsel
An arrested or detained person who is not released must have reasonable facilities to consult a legal representative of their choice. The Legal Aid and Legal Assistance Act 2025 also provides a means-tested route for an unrepresented arrested suspect, including assistance during a statement under warning and concerning bail. Ask for counsel at once and repeat the request before evidential questioning. The related article on legal assistance at the police station explains the practical steps.
A family member should confirm the station, contact a lawyer, disclose urgent medical or language needs, and keep a private call log. Access to relatives may be managed according to lawful custody and investigative needs, so avoid promising a visit or direct call at a particular time. The family should not publish allegations, coordinate accounts, or contact a complainant or witness.
Searches and personal property
Custody does not eliminate privacy, but the Constitution permits lawful and democratically justifiable interference for matters including crime prevention and investigation. Different search powers have different legal conditions. For example, the Police Act contains a senior-officer warrant mechanism for specified articles and permits relevant seized material to be brought before a court; property that is not connected to an offence must be restored under that mechanism.
Comply with a lawful search and do not conceal or destroy anything. Ask for a record of money, telephone, keys, documents, medication, clothing, or other property taken, and check the inventory on release. Tell counsel about any intimate, coercive, or unexplained search, damage, missing item, or request for a device passcode so the particular power and circumstances can be examined.
Challenging unlawful detention
Counsel can ask police to identify the power relied on, seek release, address bail and continued custody before the magistrate, and preserve an objection. The Constitution allows a person alleging breach of protected rights to apply to the Supreme Court for redress, subject to the Court's powers and the availability of adequate alternative remedies. It also provides a right to compensation where arrest or detention is unlawful, but entitlement and proof depend on the facts.
Complaints about police acts, conduct, or omissions may be made to the Independent Police Complaints Commission, including through a police station for transmission. A detainee may also ask the National Preventive Mechanism Division to investigate a detention-related complaint privately. Preserve a chronology, court papers, medical evidence, call records, and witness details; a prompt, specific record is more useful than a later general allegation. Related serious-trial information is available in the Assizes guide and the criminal-law guide for Mauritius.
Frequently asked questions
How long can police detain me without charge?
The Constitution does not state one universal number of hours for every arrest; it requires a person who is not released to be brought before a court without undue delay. A provisional information may be used to place the suspect under judicial supervision while the enquiry continues, but it is not necessarily the final formal charge. Seek advice immediately rather than relying on a supposed general 48-hour rule.
Am I entitled to see a doctor in custody?
Medical needs cannot lawfully be ignored. Tell police immediately about injury, illness, mental distress, prescribed medication, or another urgent condition, and ask that the request be recorded. The National Human Rights Commission has stated that a detainee needing immediate medical attention should be taken to the nearest medical facility.
What can I do about unlawful detention?
Ask counsel to establish the legal basis and chronology, seek release or address custody before the court, and preserve the relevant records. Constitutional redress and compensation may be available in an appropriate case, while police-conduct complaints may go to the Independent Police Complaints Commission and detention-condition complaints to the National Preventive Mechanism Division. The correct route depends on what happened and what immediate remedy is needed.
How Lex Aquila Advocates can help
Lex Aquila Advocates can make urgent enquiries about custody, advise on a statement and bail, document medical or access concerns, and pursue the appropriate court or complaints route within its the chambers' criminal law practice. To enquire about a consultation, call 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.