What Happens to 12-Year-Olds Arrested During Mauritius Riots?

The arrest of children as young as 12 and 13 during recent unrest in Mauritius has raised urgent questions about how the law treats minors suspected of criminal activity. Attorney Rayan Proag has stepped forward to clarify the legal framework, which many residents may not be aware of.

Under the Children's Act 2020, anyone under the age of 18 is classified as a child. However, a separate and equally important rule governs criminal responsibility: in Mauritius, the age of criminal responsibility is 14. This means that no child below the age of 14 can be prosecuted for a criminal offence, regardless of what they are suspected of having done.

So what actually happens when a child under 14 is picked up by police during a riot or other incident? According to Proag, the child cannot be held in detention and must be released. But that is far from the end of the process.

Sections 50 and 51 of the Children's Act 2020 set out a clear procedure for these situations. Once released, the child must be immediately referred to the probation services for a formal assessment. The probation officer is required to complete that assessment within seven days. This step is not optional. It is a legal obligation designed to evaluate the child's home environment, social circumstances and any risk factors that may have contributed to their behaviour.

The assessment then informs what support or intervention the child and their family will receive. The focus at this stage is welfare and rehabilitation, not punishment.

Proag has emphasised that reintegration into society must always be the priority. At 12 years old, he argues, a child is still developing, and the legal system must reflect that reality. The law as it stands is built on the principle that very young children cannot be held fully accountable in the same way adults are, and that the state's role is to guide, not simply to penalise.

What this means: if your child or a child you know was detained during the recent disturbances and is under 14 years old, they cannot be charged with a criminal offence. They must be referred to probation services, and any follow-up action will focus on assessment and support rather than prosecution. Parents and guardians have the right to understand this process and to engage with the probation officer assigned to their child's case.

The debate around juvenile justice in Mauritius has intensified following the riots, with some voices calling for the age of criminal responsibility to be lowered. Proag's intervention is a reminder that the existing law already draws a firm line at 14, and that changing it would have serious implications for how the country treats its youngest and most vulnerable citizens.

Source: ION News