CVLE Vocational Examination - Barrister (Mauritius)

A statute passed by the National Assembly conflicts with a provision of the Constitution of Mauritius. Under section 2 of the Constitution, what is the status of the statute?

• AIt stands until the Supreme Court makes a declaration of incompatibility and Parliament c…
• BIt prevails because it is the later expression of the will of Parliament
• CIt is void to the extent of the inconsistency, because the Constitution is the supreme la…
• DIt is suspended until the President refers it back to the Cabinet for reconsideration

In State v Khoyratty [2006] UKPC 13, the Privy Council considered section 5(3A) of the Constitution, which had been inserted in 1994 to deny bail to certain persons charged with drug offences. Why was the amendment held to be invalid?

• AIt altered the democratic State protected by section 1 without following the section 47(3…
• BIt had not obtained a two-thirds majority of all members of the National Assembly
• CIt conflicted with the European Convention on Human Rights, which is directly enforceable…
• DIt had been enacted without first consulting the Director of Public Prosecutions

A client applies to the Supreme Court under section 17 of the Constitution alleging a breach of the right to freedom of expression. On what basis may the Court decline to exercise its powers under section 17(2)?

• AThe applicant did not first lodge a complaint with the Ombudsman, which is a precondition…
• BThe applicant is a company rather than an individual citizen, and section 17 protects onl…
• CThe contravention has not yet occurred, though it is likely to occur
• DAdequate means of redress are or have been available to him under another law

Under section 47(3) of the Constitution, what is required for a Bill that would alter section 1 (Mauritius as a sovereign democratic State)?

• AThree-quarters of all members of the Assembly at the final voting, followed by approval o…
• BPrior approval at a referendum by not less than three-quarters of the electorate, and the…
• CTwo-thirds of all members of the Assembly and the assent of the President acting in his o…
• DThree-quarters of the members present and voting, with no referendum

The Government proposes a Bill amending section 10 (protection of law) in Chapter II of the Constitution. What majority does section 47 require?

• AA simple majority of members present and voting
• BTwo-thirds of all members of the Assembly
• CNot less than three-quarters of all members of the Assembly at the final voting
• DThe votes of all members of the Assembly after a referendum

Which statement about the Director of Public Prosecutions (DPP) is correct under section 72 of the Constitution and Mohit v DPP [2006] UKPC 20?

• AThe DPP is independent of any direction or control, but his decisions remain reviewable o…
• BThe DPP acts on the directions of the Attorney-General, who answers to Parliament for eac…
• CA nolle prosequi entered by the DPP is a prerogative act that can never be reviewed by an…
• DThe DPP may discontinue criminal proceedings only after judgment has been delivered by th…

A licensing authority refused your client's permit on 2 March 2026. Under the judicial review procedure in the Courts Act (Sub-Part VIA, in force from 5 January 2026), when must the application for leave to apply for judicial review normally be made?

• APromptly and in any event within 3 months of the date the grounds first arose, extendable…
• BWithin 21 days of the date of the decision, with no power to extend the period
• CWithin 6 months, provided the authority has first been served with a mise en demeure
• DWithin 45 days of the decision, unless late filing is allowed on good cause shown

How is an application for leave to apply for judicial review determined under sections 76E and 76H of the Courts Act, and what happens if leave is granted?

• AIt is always decided at a full oral hearing in open court, and if leave is granted the ca…
• BThe Judge in Chambers decides it on the papers; once granted, the application is heard by…
• CThe Master and Registrar decides leave after a pre-trial conference, and the substantive…
• DLeave is decided by the Court of Civil Appeal, and the review then goes to the Privy Coun…

A tribunal decided a case after refusing to let one party be heard. The aggrieved party wants the decision set aside. Which prerogative remedy fits best?

• AMandamus
• BProhibition
• CCertiorari
• DQuo warranto

On an irrationality (Wednesbury unreasonableness) ground of judicial review, what must the applicant show?

• AIt is so unreasonable that no reasonable authority could have reached it
• BThe judge, having weighed the evidence afresh, would have preferred a different outcome o…
• CThe authority did not give every affected person a full oral hearing before deciding
• DThe decision was unpopular with the public or criticised in the press

Under section 8(1) of the Constitution, which combination of conditions must be met for the compulsory acquisition of property to be lawful?

• ATwelve months' written notice to the owner and approval of each acquisition by a resoluti…
• BAn order of the Minister, with compensation fixed by the Minister at his discretion and n…
• CThe owner's written consent, or payment of market value within 30 days
• DA listed public purpose, justified hardship, adequate compensation and access to the Supr…

Section 16(3) of the Constitution defines 'discriminatory' treatment by reference to specific descriptions of persons. Which of the following is NOT one of those listed descriptions?

• ACaste
• BAge
• CPlace of origin
• DPolitical opinions

Under section 64 of the Constitution, how does the President ordinarily exercise his functions?

• AIn his own deliberate judgment in all executive matters, since he is the head of the exec…
• BOn the joint advice of the Chief Justice and the Speaker
• CIn accordance with the Cabinet's advice, although he may ask the Cabinet to reconsider th…
• DOnly after a resolution of the National Assembly approving each act, in order to secure p…

Four clients want the Ombudsman to investigate alleged maladministration. Under section 97(2) of the Constitution, which complaint falls OUTSIDE the Ombudsman's jurisdiction?

• AA complaint about a decision of the Public Service Commission itself
• BA complaint about delay by an officer of a municipal council
• CA complaint about the way a police officer dealt with a report made at a police station
• DA complaint about a Government department's handling of a pension file

Under section 81(1) of the Constitution, which decision can be appealed to the Judicial Committee of the Privy Council as of right?

• AAny interlocutory ruling of a Judge in Chambers
• BA final decision in civil proceedings involving Rs 5,000
• CA decision of the Intermediate Court on a point of criminal procedure
• DA final decision in proceedings for redress under section 17

During a District Court trial, defence counsel raises a substantial question about the interpretation of the Constitution. What does section 84 require?

• AThe Magistrate must decide the question himself and give reasons, subject to an ordinary…
• BRefer the question to the Supreme Court and then dispose of the case in line with its dec…
• CThe Magistrate must stay the case and refer the question directly to the Judicial Committ…
• DThe Magistrate must ask the Attorney-General for a binding opinion

A statute requires a person charged with a regulatory offence to prove that he held a licence. The defence argues that this breaches the presumption of innocence in section 10(2)(a). How does section 10(11)(a) affect the argument?

• AIt makes any reverse burden automatically void, because the prosecution must prove every…
• BIt permits reverse burdens only for offences tried by a jury at the Assizes
• CIt saves laws that place on the accused the burden of proving particular facts, such as h…
• DIt allows a reverse burden only if the DPP consents in writing before the information is…

A client wants to sue for Rs 1,500,000 in damages, exclusive of interest and costs. Which court has civil jurisdiction under the Courts Act and the prescribed-amount regulations?

• AOnly the Supreme Court, because the claim exceeds Rs 1,000,000
• BThe Intermediate Court, whose civil jurisdiction extends to claims not exceeding Rs 2 mil…
• CA District Court, whose civil jurisdiction extends to Rs 2 million
• DThe Industrial Court, which hears all claims above Rs 1 million

A shopkeeper is owed Rs 80,000 and wants the simplest procedure available. Which procedure does Mauritian law provide?

• AA plaint with summons before the Intermediate Court only, since District Courts cannot he…
• BAn originating motion before the Master and Registrar, supported by an affidavit of debt
• CA petition before the Judge in Chambers for a summary order to pay
• DThe Part IIA small claims procedure in a District Court (claims up to Rs 100,000)

Judgment was given against your client in the Intermediate Court on 10 February 2026. Under the Civil Appeal Act 2025, what is the first step to appeal to the Supreme Court?

• AWritten notice of appeal, with grounds, to the Clerk within 21 days
• BFile a petition for leave with the Chief Justice within 30 days
• CServe a mise en demeure on the respondent within 8 days
• DLodge a notice of appeal directly with the Court of Civil Appeal within 3 months of the j…

After giving notice of appeal from a subordinate court under the Civil Appeal Act 2025, what must the appellant do within 14 days?

• AFile skeleton arguments with the Court of Civil Appeal and serve them on the respondent
• BObtain the respondent's written consent to the appeal
• CLodge the appeal, pay for the record, and serve the notice of appeal
• DDeposit the judgment debt with the Accountant-General

A Supreme Court Judge makes an interlocutory order refusing an amendment to your client's pleadings. Under section 7 of the Civil Appeal Act 2025, how can the client challenge it before the Court of Civil Appeal?

• ABy notice of appeal as of right, given to the Master and Registrar within 21 days of the…
• BBy applying to the Master and Registrar to set it aside
• CNo challenge is possible until final judgment in any circumstances whatsoever
• DOnly with leave of the Supreme Court, sought ex parte within 14 days

Your client is served with a notice of appeal against a judgment in her favour. What must she do under the Civil Appeal Act 2025 if she wishes to resist the appeal?

• ANothing until the hearing, because the appellant bears the burden of proving the grounds…
• BServe and file a notice of intention to resist within 28 days of service
• CFile a cross-appeal within 7 days of service
• DObtain a certificate of non-appeal from the Clerk

Your client lost in the District Court and has properly appealed and prosecuted the appeal under the Civil Appeal Act 2025. What is the effect of the appeal on execution of the judgment?

• AThe appeal operates as a stay of execution of the final decision appealed from
• BExecution continues unless a Judge in Chambers orders a stay on proof of special circumst…
• CExecution is stayed only if the appellant deposits the judgment debt in court
• DExecution is automatically stayed for 3 months and then resumes

Under section 18 of the Civil Appeal Act 2025, when must an appellant serve and lodge skeleton arguments and submissions?

• AAt the hearing itself, handed up to the Bench before counsel begins
• BWithin 14 days after the notice of appeal, together with the record
• CAt least 30 days before the hearing; other parties at least 15 days before
• DOnly if the Court of Civil Appeal specifically requests them in a given case

The Appellate Court finds that your opponent's civil appeal was frivolous and an abuse of process. What special order may it make under section 22 of the Civil Appeal Act 2025?

• ACommit the appellant to prison for contempt
• BOrder interest on the judgment debt at 15 per cent from the judgment date
• CRefer the appellant's counsel automatically to the Law Practitioners Complaints Commissio…
• DDouble the judgment debt as a penalty

A Judge in Chambers granted an injunction against your client on 3 March 2026. Under section 73 of the Courts Act, as replaced with effect from 5 January 2026, how may your client challenge it?

• ABy appeal to the Court of Civil Appeal as of right, with notice to the Master and Registr…
• BBy applying to the Master and Registrar to discharge it
• CBy filing a new plaint in the District Court to restrain enforcement of the injunction
• DBy applying to the Supreme Court for review, within 21 days of the grant

Which questions does the Judge in Chambers usually consider, following American Cyanamid Co v Ethicon Ltd, on an application for an interlocutory injunction?

• AA serious question to be tried, adequacy of damages, balance of convenience
• BWhether the applicant has proved its case beyond reasonable doubt
• CWhether the respondent has already been convicted of an offence arising from the same fac…
• DWhether a final judgment has been obtained on the merits

In a civil action, defence counsel wants to argue at the outset that the claim is time-barred and that the court lacks jurisdiction, without hearing evidence. What is this called?

• AA submission of no case to answer
• BA request for further and better particulars
• CAn objection in limine litis (a plea in limine)
• DAn application for a locus in quo visit

Which statement about the Master and Registrar of the Supreme Court is correct under section 19 of the Courts Act?

• AThe office is held by an elected member of the Bar Council for a two-year term
• BHe must be a barrister of at least 5 years' standing; his duties include taxation of cost…
• CThe Master presides over criminal assizes whenever the Chief Justice is absent from Mauri…
• DThe Master is the principal legal adviser to the Government and appears for the State in…

Opposing counsel's repeated unexplained failures to comply with directions have caused your client to incur needless costs. What may the court do under section 197D of the Courts Act?

• AStrike the counsel off the Roll immediately for failing to comply with the court's direct…
• BOrder the opposing party to pay a fine to the State for each direction not complied with
• CNothing, as costs can only be ordered against parties
• DOrder the representative personally to pay the wasted costs, after hearing him

You apply ex parte for a freezing (Mareva-type) order to stop a debtor moving assets out of Mauritius. What duty do you owe the court?

• AA duty of full and frank disclosure of all material facts, including facts adverse to you…
• BA duty to disclose only facts favourable to your client, since the application is ex parte
• CNo special duty, because the respondent can apply to discharge the order later
• DA duty to serve the respondent before the hearing

Your witness in a Supreme Court civil trial speaks Kreol Morisien fluently but has little English. What does section 14 of the Courts Act provide?

• AThe witness must give evidence in English or French only, as the official languages of th…
• BThe witness cannot be heard until a notarised translation of his statement has been filed
• CIf he shows he lacks sufficient English, he may testify in the language he knows best
• DThe trial must be transferred to the District Court, where Kreol may be used freely

Under section 17A of the Courts Act, what happens when the Chief Justice refers a pending civil case to a Judge for mediation?

• AThe mediating Judge imposes a binding settlement if the parties cannot agree within 3 mon…
• BThe parties must try to settle; if they fail, the case is fixed for trial
• CThe case is struck out if either party refuses to settle
• DThe case is transferred permanently to the Intermediate Court for mediation by a Magistra…

What is the starting point for a detainee's bail application under section 3 of the Bail Act?

• AThe detainee must prove exceptional circumstances
• BBail is available only once a formal information has been lodged against the detainee
• CBail is at the discretion of the Commissioner of Police, subject to review by a Magistrate
• DA right to be released on bail, subject to the section 4 grounds for refusal

Which of the following is a ground on which a Court may refuse bail under section 4(1) of the Bail Act?

• AThe detainee declined to answer questions during the police interview
• BThe detainee is a first offender with a stable job
• CThere is reasonable ground to believe the detainee has no fixed place of abode
• DThe detainee has retained counsel of his own choice

Following the 2025 amendments to the Bail Act, who decides whether the prosecution will object to a detainee's release on bail?

• AThe DPP, whose advice the Commissioner of Police must seek
• BThe investigating officer, acting alone
• CThe Attorney-General, acting on a written report from the Commissioner of Police
• DThe Magistrate, who decides both whether there is an objection and whether to grant bail

A Magistrate orders your client's release on bail. Immediately afterwards, the prosecution notifies the Court that the DPP is applying to the Supreme Court and asks for a stay. What does section 4A of the Bail Act provide?

• AThe Magistrate must refuse the stay, because a bail order takes effect immediately and is…
• BRelease is stayed; if the DPP does not apply within 7 days, the original bail stands
• CThe detainee stays in custody until the trial ends
• DThe stay lasts 21 days, pending a review by the Magistrate

The Bail and Remand Court refuses your client's bail application. Under section 4 of the Bail Act, as amended in 2025, what follows?

• AThe client stays in custody until he is committed for trial, with no further periodic rev…
• BHe may reapply only after 3 months, unless the prosecution agrees earlier
• CThe refusal is final unless the Supreme Court grants leave to appeal against it
• DWritten reasons; remand of up to 21 days, then back before the Court

Your client is charged with a minor offence that is not a serious offence, and there is no reason to think he will breach his recognisance. Can the Court require sureties as a condition of bail?

• AYes, because sureties are required in every case under the Bail Act, whatever the offence
• BYes, but only if the prosecution consents to the sureties proposed by the defence
• CNo; sureties are limited to serious offences or a real risk of breach
• DNo; sureties were abolished by the 2011 amendments to the Bail Act

Under the Courts Act, how is a jury constituted for a criminal trial before the Supreme Court, and what majority is needed for a verdict?

• A12 jurors; a unanimous verdict
• B9 jurors; a verdict by a majority of 7
• C6 jurors; a simple majority
• D9 jurors; a unanimous verdict

Your client was convicted by a jury and sentenced by the Supreme Court on 2 February 2026. Under the Criminal Appeal and Criminal Review Act 2025, how does he appeal against conviction?

• AWritten notice with grounds to the Master and Registrar within 21 days of sentence
• BBy petition to the Chief Justice for leave within 6 months
• CBy notice to the DPP, who decides whether it proceeds
• DBy applying to the Human Rights Division within 30 days

A jury acquits an accused after a Supreme Court trial. Under section 5(2) of the Criminal Appeal and Criminal Review Act 2025, on which ground may the DPP appeal the acquittal to the Court of Criminal Appeal?

• AThe DPP disagrees with the jury's assessment of the credibility of a key prosecution witn…
• BFresh evidence has emerged, whether or not compelling
• CThe DPP considers that the acquittal is contrary to public opinion and undermines confide…
• DA substantial misdirection, an unreasonable verdict, or a serious irregularity at trial

An accused was acquitted after a Supreme Court trial, and the DPP did not appeal. A year later, reliable, substantial and highly probative evidence emerges that could not have been produced at the trial. What does section 9 of the Criminal Appeal and Criminal Review Act 2025 allow?

• ANothing, because section 10(5) of the Constitution bars any further proceedings after an…
• BA fresh prosecution in the District Court without leave
• CAn application by the DPP to the Court of Criminal Appeal to review the acquittal and ord…
• DThe Commissioner of Police may re-arrest and recharge the accused on the strength of the…

On a criminal appeal, the Appellate Court accepts that a point raised by the appellant could be decided in his favour, but concludes that the conviction is safe. What may it do under section 21(2) of the Criminal Appeal and Criminal Review Act 2025?

• AIt must allow the appeal once any error is found
• BIt may dismiss the appeal if it considers that no substantial miscarriage of justice has…
• CIt must order a retrial in every case where an error is found
• DIt may reduce the sentence but cannot dismiss the appeal

Under section 11(2)(a) of the Criminal Appeal and Criminal Review Act 2025, when may a person convicted by a District Court appeal to the Supreme Court?

• AWhere he is sentenced to penal servitude or imprisonment, or fined Rs 1,000 or more
• BOnly where the sentence is imprisonment of more than 12 months, without the option of a f…
• COnly with the leave of the Magistrate who convicted him, sought on the day of sentence
• DOnly on a point of law by way of case stated to the Supreme Court

On an appeal from the Intermediate Court to the Supreme Court in a criminal matter, defence counsel wishes to call a new witness. What does section 14 of the Criminal Appeal and Criminal Review Act 2025 provide?

• ANew evidence is admissible if relevant
• BNew evidence may be admitted if the DPP consents and the Supreme Court grants leave
• CNew evidence is admissible, but only from expert witnesses appointed by the Supreme Court
• DNone; the Supreme Court reviews the record of the subordinate court

At the end of a preliminary inquiry under the District and Intermediate Courts (Criminal Jurisdiction) Act, the Magistrate finds the evidence insufficient and discharges the accused. What is the legal effect?

• AThe discharge operates as an acquittal and bars any further prosecution for the same offe…
• BHe is automatically committed for trial before the Intermediate Court
• CThe discharge is not an acquittal, so he may be charged again
• DThe DPP must appeal within 21 days or lose the right to prosecute the accused for that of…