Abstract
This research paper examines the role of the provisional charge practice within the criminal procedure of Mauritius and its impact on the overall criminal justice process, with a focus on arbitrary arrests and violations of the Right to Liberty. It also conducts a comparative analysis of similar practices in the United Kingdom, France and South Africa. The study finds that the issues associated with the provisional charge in Mauritius are prevalent in the selected countries, highlighting the importance of police involvement in the charging process. The study concludes that even jurisdictions with strong legal frameworks can experience abuses of power and violations of the Right to Liberty, emphasizing the need for integrity and safeguards within the criminal justice system.
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