Mauritius
The Certificate of Character Act 2026
Impact date: Date to be fixed by proclamation.
Non-discrimination in employment
Where a person’s certificate of character specify that they have been convicted of a crime or misdemeanor, their employer or prospective employer shall not discriminate against them where the crime or misdemeanor is not related to their employment or to the employment for which they are being considered.
Certificate of character with no criminal record
No criminal record for a crime or misdemeanor shall be on a person’s certificate of character if the person:
(i) has never been convicted of a crime or misdemeanor
(i) has been granted a free pardon in respect if a crime or misdemeanor under the Constitution by the President of the Republic, following a conviction for that crime or misdemeanor
(ii) having been convicted of a crime or misdemeanor, other than a crime or misdemeanor listed in the first schedule to the Certificate of Character Act 2026 (CCA), they have been given only:
- an absolute discharge or
- a conditional discharge and complied with the terms and conditions of the discharge
(iii) having been convicted of a crime or misdemeanor, other than a crime or misdemeanor listed in the first schedule:
- they have been made the subject of a probation order and complied with it and
- two years have passed since the date of their conviction
(iv) having been convicted of a crime or misdemeanor, other than a crime or misdemeanor listed in the first schedule:
- they have been only fined up to MUR 50,000 and
- two years have passed since the date of their conviction
(v) having been convicted of a crime or misdemeanor, other than a crime or misdemeanor listed in the first schedule:
- they have, irrespective of whether they have been given a fine, been given imprisonment for a term of up to three years and ten years have passed since the date of their conviction
(vi) they were convicted of a crime and misdemeanor, other than a crime or misdemeanor listed in the first schedule, and were under 18 years old when they committed such crime
Note: For the purposes of sub-paragraph (ii) to (vi), a crime or a misdemeanor under an enactment which is not specified in the first schedule, but of which the constitutive elements are the same as or substantially similar to those of a crime or misdemeanor set out in that schedule, shall be deemed to be a crime or misdemeanor specified in that first schedule.
When any of the above conditions apply, the Director of Public Prosecutions (DPP) must issue a certificate of character in the form set out in the second schedule to the CCA stating the person has not been convicted of any crime or misdemeanor in Mauritius.
Certificate of character with criminal record
If a person has been convicted of a crime or misdemeanor, and none of the circumstances specified above is applicable, the DPP shall issue a certificate of character in the form set out in Part I or II of the third schedule to the CCA.
This certificate will specify that the person has been convicted of a crime or misdemeanor in Mauritius.
Application of certificate of character
The application shall be made to the DPP or a delegated person, using a form approved by the DPP.
The DPP can authorize their law officers to issue certificates on their behalf.
The Attorney General, in consultation with the DPP, may make regulations to govern the process and handle related matters.
Offences and proceedings
Anyone who tampers with, forges, or fraudulently alters a certificate of character commits an offence and shall, on conviction, be liable to a fine up to MUR 50,000 and imprisonment for a term of up to two years.
An attestation signed by the DPP or a delegated person confirming whether the certificate of character is genuine or not shall be accepted in all courts as conclusive evidence.
Consequential amendment
The Equal Opportunities Act 2008 shall be amended such that no employer or prospective employer shall discriminate against another person where the person’s certificate of character specifies that they have been convicted of a crime or misdemeanor which is not related to their employment or the employment for which they are being considered.
Employer implications/action needed Employers must not discriminate against a person whose certificate of character specifies a conviction for a crime or misdemeanor, where that crime or misdemeanor is not related to the person’s employment or the employment for which they are being considered.
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