dpp.govmu.org Certificate of Character Mauritius : Office of Director of Public Prosecutions

Organization : Office of the Director of Public Prosecutions
Type of Facility : Certificate of Character
Country: Mauritius
Website : https://dpp.govmu.org/SitePages/Index.aspx

Certificate of Character

People living in Mauritius who wish to apply for a Certificate of Morality shall do so at any one of the respective District Head quarters of the Police :-
(a) Piton

Related / Similar Service : Application for Change of Name Mauritius

(b) Abercombie
(c) Line Barracks
(d) Rose Hill
(e) Curepipe
(f) Rose Belle
(g) Flacq and
(h) Rodrigues

People living abroad who wish to apply for a Certificate of Morality should do so through anyone of our Embassies, Missions, Consulates etc abroad. This will speed the process, especially when original copies of documents cannot accompany the application. Our Missions/Consulates/Embassies can certify the true copies of the original documents. Alternatively, an applicant can also delegate any one of his relatives in Mauritius to make the application on his behalf (by a simple letter of authorization, addressed to the Commissioner of Police). In the 2nd case, the application should be made at the respective district Headquarters of the Police as stated above.

New Procedure Following The Certificate Of Morality Act 2006:
Application (Section 3):
Applicant has to produce the original and 2 photocopies of his/her:
(1) Birth certificate;
(2) National Identity card; and
(3) Marriage Certificate (where applicable).

Report From The Police And Certificates (Section 4):
The different scenarios:
(a) Clean record (never been convicted of any crime or misdemeanour) = CERTIFICATE: FORM PART IA (English version) or Part IIA (French Version)
(b) Clean Record for a period of 10 years (immediately preceding the application date) and NEVER convicted of an offence specified in the Second Schedule to the Act = CERTIFICATE: FORM PART I B OR PART II B
(c) Convicted within the 10 years preceding the application of crime or misdemeanour BUT given a non-custodial sentence or a fine not exceeding Rs 10,000 = CERTIFICATE: FORM PART I B OR PART II B.

No Certificates will be delivered in the following cases (section 4):
(a) Convicted for ANY OFFENCE AND sentenced to penal servitude or imprisonment or fine exceeding Rs 10,000, within a period of 10 years preceding the application.
(b) Convicted of any of the offences specified in Second Schedule to the Act (Time of conviction immaterial).

Note:
A Free Pardon = No Conviction (For Offence In Respect Of Which Free Pardon Has Been Given)

A Morality Certificate Is Normally Delivered In About 30 Days Of The Date Of Application.

Certificate of Character Act 2012 :
Interpretation In this Act :
** “absolute discharge” means an order discharging a person absolutely and made under section 197 of the Criminal Procedure Act;

** “application” means an application for a certificate;
** “certificate” means a certificate of character issued under section 5;
** “conditional discharge” means an order discharging a person conditionally and made under section 197 of the Criminal Procedure Act;

** “delegated person” means the Commissioner of Police or a public officer to whom the Director of Public Prosecutions has delegated his powers under section 3(1);
** “employer” has the same meaning as in the Employment Relations Act;

** “Identity Card” has the same meaning as in section 5 of the National Identity Card Act;
** “probation order” has the same meaning as in the Probation of Offenders Act;
** “worker” has the same meaning as in the Employment Relations Act.

Delegation of powers :
(1) The Director of Public Prosecutions may delegate his powers under this Act to the Commissioner of Police or any other public officer.
(2) No delegation of powers under subsection (1) shall have any effect until public notice of the delegation has been given in the Gazette.

Making an Application

(1) Subject to subsections (2) and (3), any person wishing to obtain a certificate in his name shall apply to the Director of Public Prosecutions, or to the delegated person, in such form and manner as the Director of Public Prosecutions may approve.

(2) Every application made under subsection (1) shall be accompanied —
(a) where it is made by —
(i) a citizen of Mauritius, by the original and 2 photocopies of the applicant’s birth certificate, identity card and, where applicable, marriage certificate; or
(ii) a non-citizen, by the original and 2 photocopies of the applicant’s birth certificate, passport and, where applicable, marriage certificate; and
(b) by the appropriate fee specified in the First Schedule.

(3) An employer may, with the written consent of a worker, apply for the issue of a certificate in the name of the worker.

(4) An application under subsection (3) shall be accompanied by —
(a) the documents specified in subsection (2); and
(b) the appropriate fee specified in the First Schedule.

(5) A worker who has been issued with a certificate under section 5 and who has submitted the certificate to his employer shall —

(a) not be required by that employer to apply for another certificate within a period of one year from the date of submission of the certificate;
(b) notwithstanding paragraph (a), disclose to that employer any conviction for a crime or misdemeanour subsequent to such submission.