Arrested or in prison abroad

What you should do

If you’re arrested or in prison in another country, you should:

• ask the local authorities, such as the police or prison, to tell the the local British embassy or consulate you’ve you’ve been arrested or put in prison and want consular assistanceassistance.  It –is theynot haveobligatory tofor doyou thisto ifask youfor askconsular themassistance
• if you are concerned that the local authorities have not informed us, you can also ask family or friends to contact the local British embassy, high commission, or consulate, or call the Foreign, Commonwealth & Development Office (FCDO)(FCDO) on +44 (0)20 7008 5000, from anywhere in the world, 24/7
• get a a local lawyer – – this is highly recommended. In some countries, you may be able to get legal aid. You should discuss costs before making an agreement
• tell the police or prison about any physical or mental health concerns you have, and any medication you taketake.  With –your consent, the embassy or consulate can help youraise health concerns with thisthe local authorities if necessaryneeded
• read

You can read arrestedfurther orinformation inspecific prisonto abroad guidance for the country you’reyou are in .

How the British embassy or consulate can help

The The support we can provide may vary depending on local prison arrangements and your personal circumstances.  If you are arrested or held in custody or prison abroad, the authorities in that country should ask you whether you want them to contact the British embassy, high commission or consulate. However, you can also ask the authorities to do so directly. 

Once we have been informed about your detention, the British embassy or consulate will aim to contact you as soon as possible to assess your situation.  Our ability to contact you and the speed with which we are able to do so may depend on the local authorities.  We will aim to keep in regular contact with you and do what itwe can to support your health and welfare while arrested or in prison abroad. Thisabroad. Our contact could be by telephone, video-call, letter, email or visiting you in person.

YouIf canwe writereceive toreports themthat atyou anyhave timebeen detained and embassyconsular access is delayed or consulatedenied, staffwe canmay visitraise youour ifconcerns there’swith anthe importantlocal reason,authorities forbefore examplewe serioushave concernsspoken aboutto youryou.  You healthcan orstill welfare.choose Ifnot it’sto urgentreceive itconsular mightassistance beonce quickerwe tohave askmade contact. 

If appropriate, we will consider approaching the foreignlocal authorities toif arrangeyou aare telephonenot calltreated firstin toline discusswith yourinternationally-accepted concerns.standards.  Local conditions may differ significantly from those in the UK.

The embassy or consulate cannot:

• get you out of prison
• get you special treatment because you’re British
• pay for lawyers, interpreters or any other costscosts, including fines
• provide translation services
• discussoffer orlegal commentadvice on anything about your trial or otherrepresent legal mattersyou
• offer legal advice, start legal proceedings oron your behalf
• investigate a crime or respond to one
• interferewe cannot  interfere with the local justice system
• prevent you from being deported after releaserelease, even if you previously lived in the country
• get you special treatment because you’re British

Contacting family or friends

With your permission,consent, the British embassy or consulate can tell your family and friends you’ve been arrested or are in prison.

You can read the the arrested or in prison abroad guidance for the country you’re in for information on visits from family or friends and receiving money, letters or parcels.parcels.  Local authorities may open mail and/or monitor phone conversations.

If phone or post are not available then the British embassy may also be able to pass on messages from family or friends, andand, with your consent, update them on your welfare.

Finding a lawyer

The embassy or consulate provides a list of of local English-speaking lawyers. You can also ask for a paper copy of this list.

TheFCDO Britishstrongly embassyrecommends or consulate cannot offer legal advice, start legal proceedings or investigate a crime, or pay for lawyers, interpreters or any other legal costs.

You should carefully consider getting a local lawyer if you are arrested or in prison abroad.abroad.  They They will be able to explain your rights and how the legal system works where you are.are.  You Discussshould discuss all the costs beforehand with them.

Check the the arrested or in prison abroad guidance for the country you’re in to to find out whether court-appointed lawyers or legal aid isare available.

Finding a translator or interpreter

FCDO strongly recommends getting a translator if you need help reading documents about your case.case.  You Don’tshould not sign any documents if you don’tdo not understand them.

You might need an interpreter to help you communicate with your lawyer or at your trial,trial. orYou forshould prisondiscuss visits. Discuss all costs with them in advance.

The British embassy or consulate hasprovides listsa oflist of English-speaking translators or interpreters. You can also ask them for a paper copy.

The British embassy or consulate cannot translate documents or verbal conversations with people involved in your case.

Money transfers from friends and family

The British embassy or consulate may be able to help transfer money from friends or family, but there may be a charge for this.

Each country has its own rules about how friends or family can transfer money to you in prison,prison. checkCheck the the arrested or in prison abroad guidance for the country you’re in..  If no other options are available, the British embassy or consulate may be able to help transfer money from friends or family.  There may be a charge for this service.

Sharing information about your case

The British embassy or consulate will not usually tellshare anyone,your personal information with third parties, including with your family, aboutwithout your caseconsent. However, in certain circumstances we may need to share information without your permission.consent, However,for itexample has to tell the UK authorities if you’re accused of certain serious offences like sexual assault or drugs crimes. This might appear on a criminal record check.

Transferring to a UK prison

The British embassy or consulate can advise on whether there is a prisoner transfer agreement between the UK and the country where you’re in prison. This means some prisoners can serveapply theto restserve ofout their sentence in the UK.UK. 

You don’tdo not have an automatic right to a prison transfer. You may not be eligible to apply. The UK and the country you’re in both need to agree before a transfer can happen.happen Yourand requestthere may be refusedminimum fortime various reasons, for example if you havewill notneed livedto spend in the UK for a number of years and you have no close family living there.prison. 

The process can also be slow and complicated. Read Read arrested or in prison abroad guidance for the country you’re in to to find out how the process works and how to applyapply.  You there.

Complainingmay aboutneed mistreatment

If you’ve been mistreated or abused:

• try to seeappoint a doctor
• getlocal alawyer medicalto report
• takehelp photosyou ofwith your injuries if possible
• tell the Britishprocess.

  Complaining embassyabout ortorture consulateand as soon as it’s safe

mistreatment

The British embassy or consulate takes all complaints about mistreatment,torture abuse and torturemistreatment seriously. They will put your best interests first,first and not do anything that might put you, or anyone else, at risk.risk. 

The British embassy or consulate will do its best to makecheck sure you’re safe. This may include:

• visiting you more often
• checking to check on your welfare and helping you get access to medical treatment
• discussing your complaint
• explaining the local authorities’ complaints procedures and supporting you to make a complaint
• telling you about any organisations that can help you
• supporting your request for a transfer to another wing or facility
• helping you get access to medical treatment

The British embassy or consulate can’tcannot investigate torture and mistreatment allegations, but willwith consideryour speakingconsent toit can raise the allegations with the local authorities forand you.request Itan investigation.  If you do not want to raise the allegations immediately, the British embassy or consulate can help you do this later if you don’twish want– for example, after you have returned to makethe UK. The local authorities may ask you to provide evidence, such as photos, medical reports or witness statements, to help them investigate a complaintcomplaint.

Other immediately.local procedures: clemency, pardon and death penalty

The British Embassy or consulate may be able to give you information about pardon or clemency, and any local procedures for early release. Where domestic appeals have been exhausted, the FCDO can consider supporting pleas for pardon or clemency in cases such as:

• where there are compelling compassionate circumstances
• where a minor is imprisoned overseas
• as a last resort, where there is evidence that points to a miscarriage of justice

The UK opposes the death penalty in all circumstances. If you are facing trial for a death penalty offence, or have been sentenced to death, we can work with your legal team and non-government organisation partners to support you. This can include raising your case with the local authorities at whatever stage and level we judge to be appropriate.

Other organisations that can help

The British embassy or consulate can put you in touch with other organisations that might be able to help you.

Prisoners Abroad

Prisoners Abroad helps helps British nationals in prison abroad, and their families. They can usually help with:

• information about your rights as a prisoner
• health issues
• transfer to the UK
• getting magazines, newspapers and books
• phrasebooks, learning the local language and translating documents
• funds for essential medicines and toiletries if you don’tdo not have enough money
• preparing for release, and support when you return to the UK
• support and advice for your friends and family

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Monday to Friday 9:30am to 4:30pm (UK time)

Reprieve

Reprieve is is a charity that provides legal and other help to people facing human rights abuses around the world.

Fair Trials

Fair Trials is is a charity with a range of information on various countries’ legal systems and useful sources of support.

The Death Penalty Project

The Death Penalty Project is is a UK-based charity. It provides free legal representation, advice and assistance to people facing the death penalty around the world.

The Salvation Army

The Salvation Army supports supports prisoners and their families. They work with former prisoners to help them reintegrate into the community.

The Prison Fellowship

The Prison Fellowship is is a Christian organisation supporting prisoners and their families, including emotional and spiritual support. They work with people of all faiths and no faith.

Feedback

FCDO welcomes your views on the support it provides, to help identify what it does well and what it could do better. Contact FCDO using the the feedback contact form.

Disclaimer

Read the disclaimer relating to this guidance.