Insights on Weekend Courts, Bail & Remand System

In the intricate tapestry of justice, often unnoticed yet crucial, lie the Weekend Court and the Bail and Remand Court. These institutions embody the fundamental right to liberty, a pivotal role in ensuring that no individual remains unjustly detained. What functions do they perform? What advantages and limitations do they hold? And importantly, how can we address their shortcomings to refine this burgeoning system? Legal expert Me Pravesh Nuckcheddy provided clarity on these pressing questions.

What is the Weekend Court?

Since its inception on February 13, 2012, the Weekend Court has operated from the ground floor of the New Court House on Pope Hennessy Street, Port-Louis.

Open on Saturdays, Sundays, and public holidays, this court ensures that justice remains accessible at all times.

A rotating magistrate presides over its proceedings, granting it authority akin to that of a district court, where provisional charges are filed.

Its significant power lies in the ability to grant or deny bail to individuals, a recent example being the case of Harvesh Kurmar Seegolam, charged with “conspiracy to defraud,” who was subsequently granted bail.

The Importance of the Weekend Court

When an individual is arrested based on reasonable suspicion, the law mandates their appearance before a court within the shortest possible timeframe.

Yet, traditional district courts are closed on holidays and weekends.

Thus, if someone is arrested on a Friday evening or during a public holiday, they must be presented before the Weekend Court.

This essential step helps regulate arrests, safeguarding against police abuses of power.

Landmark cases, such as Alain Gordon Gentil v The State, have established that the court acts as a referee between the executive and the citizen, ensuring the lawfulness of arrests when necessary.

What Happens in Cases of Bail Objection?

If a detainee’s release on bail is contested, their legal counsel can file a request, which is typically addressed on the same day.

Yes, individuals arrested over the weekend or on a public holiday can indeed secure bail from the Weekend Court, provided they face provisional charges and there is no opposition from the police.

The presiding magistrate can grant bail based on financial and non-financial conditions deemed appropriate, taking into account the nature of the alleged crime and the individual’s background.

The Process of Securing Bail

Upon arrest during these times, a swift presentation to the Weekend Court is paramount. However, with court offices closed on holidays, how is bail processed?

Those granted bail by the Weekend Court are released on “parole,” meaning they do not have to provide immediate financial bail.

Nonetheless, they are required to return to the court where the original offence occurred.

For instance, if the incident happened in Ébène, the individual would subsequently appear before the Rose Hill court to fulfil the bail conditions set by the Weekend Court.

Consequences of Non-Compliance with Bail Conditions

Failure to adhere to the conditions imposed by the Weekend Court can lead to an arrest warrant being issued against the individual.

The court may revisit the bail conditions, and a person might remain in custody until they can make a new application for release.

Ultimately, the court that hears their application will determine whether to grant bail, based on the evidence presented.

In conclusion, the Weekend Court and the Bail and Remand Court are invaluable pillars of justice, ensuring that the right to liberty is preserved—even in times of emergency.

Source: Defi Media