Mauritius has a hybrid legal system comprising both English and French law. Mauritius' modern legal system is based on British common law, owing to its history as a British colony from 1810 until achieving independence in 1968.
As a former colony, Mauritius likely had a court of assizes during the British colonial period, modeled on the British criminal court by the same name. These typically deal with serious criminal cases like murder and rape. After independence, Mauritius established a Supreme Court currently serving as its highest judicial body.
The Supreme Court has functions similar to the old British assizes courts, such as hearing criminal cases related to murder, piracy, and treason. Lower District and Intermediate Courts in Mauritius also handle fewer civil and criminal cases locally. Appeals from these lower courts can be made to the Supreme Court. Like in Britain, capital punishment in Mauritius was originally handled by the highest courts like the Supreme Court, and its predecessor assizes courts during colonial rule. However, the death penalty was abolished in Mauritius in 1995.
The Supreme Court has functions similar to the old British assizes courts, such as hearing criminal cases related to murder, piracy, and treason. Lower District and Intermediate Courts in Mauritius also handle fewer civil and criminal cases locally. Appeals from these lower courts can be made to the Supreme Court. Like in Britain, capital punishment in Mauritius was originally handled by the highest courts like the Supreme Court, and its predecessor assizes courts during colonial rule. However, the death penalty was abolished in Mauritius in 1995.
Court of Assizes
Plays a significant role in the judicial system of Mauritius, particularly in handling serious criminal cases
The presence of the Court of Assizes reinforces the principle of separation of powers and the independence of the judiciary, thereby strengthening the overall integrity of the Mauritian legal system
The Court of Assizes was a type of criminal court in England and other common law jurisdictions, typically presided over by a judge and jury. The Court of Assizes originated in medieval England to deal with more serious criminal cases that could result in severe punishments. The name comes from the periodic "assizes" or meetings these judges would hold in various parts of the country.
The Court had jurisdiction over felonies such as murder, rape, arson, robbery, and other serious offenses against persons and property. Lower magistrates' courts handled lesser offenses. Court of Assizes was ruled over by judges and empowered by the monarch - originally they would "ride circuit" through the counties under their jurisdiction. The jury was composed of male property owners from the locality.
The court used the unique "nisi prius" procedure (nisi prius.: (nee-see pree-us) adj. In some jurisdictions, Latin for "unless first" means the original trial court which heard a case as distinguished from a court of appeals, as in court nisi prius. "Court of original jurisdiction" is often substituted for the term nisi prius). Jury members were considered witnesses to events in their communities. The first phase dealt with evidence and testimony, and the second with verdict and sentencing.
The court used the unique "nisi prius" procedure (nisi prius.: (nee-see pree-us) adj. In some jurisdictions, Latin for "unless first" means the original trial court which heard a case as distinguished from a court of appeals, as in court nisi prius. "Court of original jurisdiction" is often substituted for the term nisi prius). Jury members were considered witnesses to events in their communities. The first phase dealt with evidence and testimony, and the second with verdict and sentencing.
The Court of Assizes originally used quite brutal punishments, including capital punishment. Over time they modernized along with the justice system, using imprisonment more. However, the Court gradually faded in importance with the establishment of permanent higher-level criminal courts. Today most of their functions have been taken over by Crown Courts in common law legal systems.
Court of Assizes
Periodic court system held in the main county towns and presided over by visiting judges from the higher courts
Exercised both civil and criminal jurisdiction, with a focus on serious criminal cases, including those subjected to capital punishment or life imprisonment
Played a crucial role in the development of the judicial system, with its origins dating back to the Middle Ages
The term "assize" originally signified the method of trial by jury, and over time, the courts of assize became associated with the most severe crimes
In Mauritius, the legal framework of the Court of Assizes is based on the British adversarial system and comprises a single-structured judicial system made up of the Supreme Court. Since 1850, the criminal side of the Supreme Court has borne the style of "Court of Assizes," which is responsible for judging the most serious offenses. The Court of Assizes is presided over by a judge of the Supreme Court and is held in February, June, and October of each year.
In Mauritius, the legal framework of the Court of Assizes is based on the British adversarial system and comprises a single-structured judicial system made up of the Supreme Court. Since 1850, the criminal side of the Supreme Court has borne the style of "Court of Assizes," which is responsible for judging the most serious offenses. The Court of Assizes is presided over by a judge of the Supreme Court and is held in February, June, and October of each year.
Court of Assizes
Periodic court system held in the main county towns and presided over by visiting judges from the higher courts
Exercised both civil and criminal jurisdiction, with a focus on serious criminal cases, including those subjected to capital punishment or life imprisonment
Played a crucial role in the development of the judicial system, with its origins dating back to the Middle Ages
The term "assize" originally signified the method of trial by jury, and over time, the courts of assize became associated with the most severe crimes
Overall, the legal framework of the Court of Assizes reflected its primary purpose—handling serious criminal cases through a combination of traveling judges and locally elected or appointed officials, depending on the region.
The Supreme Court is the highest in Mauritius and has primary jurisdiction over serious criminal cases. The Supreme Court has distinct divisions and one of them is the Criminal Division, which has jurisdiction over cases such as high-level drug trafficking, murder, manslaughter, terrorism offenses, armed robbery, kidnapping, serious sexual offenses, and so on, necessitating a trial by jury according to section 10 of the Criminal Procedure Act. This Criminal Division of the Supreme Court is referred to as the Court of Assizes.