Help if you are arrested
British nationals in detention or prison overseas
If a relative or friend has been detained or held in prison overseas, this is the support we can give.
If your relative or friend has asked us to, we will tell you as soon as we can, that they have been detained or held in prison. However, to protect their confidentiality, we will not provide any details of the detention or arrest, or tell you how to contact them, unless they have given us permission.
Prison conditions
We can provide general information about the country involved, prison conditions and the local legal system.
We can put you in touch with the prisoners’ welfare charity, Prisoners Abroad.
If the prison where your friend or relative is being detained agrees, we can pass on any money you want to send to buy prison ‘comforts’, use the phone and so on.
In many countries, mail sent or received by the prisoner will be opened and read by the authorities, and phone conversations may be monitored.
• If you are arrested or held in custody or prison in a country overseas, the authorities in that country should ask you whether you want them to contact the British Embassy. However, you can also ask for this to be done, and should do so particularly if you are charged with a serious offence.
• We will aim to contact you, depending on local procedures, within 24 hours of being told about your arrest or detention. If you want us to, we will then aim to visit you as soon as possible.
• Our staff are there to support you and to take an interest in your welfare. We aim to be sensitive and non-judgmental. We also aim to treat all prisoners the same no matter what crime they are being held for, or whether they are on remand or have been sentenced. You should stay in touch with our staff and ask for their help as they have experience in dealing with many of the problems you may face.
• But, we cannot get you out of prison or detention, nor can we get special treatment for you because you are British.
• If you want us to, we can tell your family or friends that you have been arrested. If you are thinking about not telling your family, please consider the distress it may cause them if they are not told where you are. It can also be a disadvantage to you if you need money for anything in prison or fall ill. Once we have told your family and friends, we can pass messages between you in places where phone or postal services are not available.
• Although we cannot give legal advice, start legal proceedings or investigate a crime, we can offer basic information about the local legal system, including whether a legal-aid scheme is available. We can give you a list of local interpreters and local lawyers if you want, although we cannot pay for either. It is important to consider carefully whether you want to have legal representation and to discuss all the costs involved beforehand.
• We can offer you information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, work possibilities, and social and welfare services. We can also explain where there are different regulations for remand prisoners and sentenced prisoners. For example, in some countries, prisoners are allowed to send more mail when they are on remand.
• Where appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.
This may include where your trial does not follow internationally-recognised standards for a fair trial or is unreasonably delayed compared to local cases.
• With your permission, we can take up any justified complaint about ill treatment, personal safety, or discrimination with the police or prison authorities. Again, with your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor.
• We aim to visit you once after sentencing and then after that only if there is a real need.
Prisoners Abroad
83-93 Fonthill Road
LondonN4 3JH
Telephone: +44 (0)20 7561 6820
Fax: +44 (0)20 7561 6821
info@prisonersabroad.org.uk
• We may be able to give you information about any local procedures for a prisoner’s early release in exceptional circumstances. These procedures are generally known pardon or clemency. We will only consider supporting pardon or clemency please:
- In compelling compassionate circumstances, such as where a prisoner or close family member is chronically ill or drying;
- In cases of minors imprisoned overseas; or
- As a last resort, in cases where we have evidence that seems to point to a miscarriage of justice.
• We can explain to you how you may be able to apply to transfer to a prison in the UK if you wish. We have a leaflet called Transfers home for prisoners abroad with more details.
• You should be aware that if you are arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities.
For more information:
We can help if a British citizen is arrested or detained overseas