Arrested or in prison in Dominica

Contacting the British High Commission

The British High Commission in Barbados can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer.

Family and friends can contact:

• the British High Commission in Barbados
• the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

Finding a lawyer and translator

Find a lawyer in Dominica

You should carefully consider getting a local  lawyer that practices in Dominica. Discuss all costs with them in advance.

Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Dominica).

Private lawyers

Check the list of local English-speaking lawyers  if you want to appoint your own private lawyer. Ask the British High Commission if you need a paper copy.

Legal aid

Legal aid is available in Dominica through a Legal Aid Clinic.

The Legal Aid Clinic can assist people who cannot afford to pay for a private lawyer. However, they will carry out their own assessment of a person’s financial situation before deciding if they meet the eligibility criteria.

Legal aid is available to foreign nationals, including British nationals. However, eligibility is not automatic. The Legal Aid Clinic will decide, based on their assessment, whether legal representation will be provided.

Find a translator or interpreter in Dominica

The language of the courts in Dominica is English. If you cannot speak English the courts will usually endeavour to provide an interpreter for you.

Do not sign any documents unless you understand them.

What happens when you’re arrested in Dominica

You can be arrested and taken to a local police station:

● because of an existing arrest warrant

● where there are grounds for issuing an arrest warrant

● if you’re caught in the act of performing a crime

● if it’s expected you’ll leave the country to escape justice

● your identity cannot be confirmed

The police must tell you in English (or a language you understand):

● why you’ve been arrested

● that initial proceedings against you have started

● your rights

Do not sign any documents unless you understand them – you must be given an interpreter if you ask for one.

Your rights

You have the right to:

• remain silent
• refuse to cooperate in the proceedings
• appoint a defence lawyer of your choice.
• ask for an interpreter
• tell your next-of-kin you’ve been arrested
• tell the British High Commission that you’ve been arrested.

Going to court

If you are arrested or detained on suspicion of committing an offence in Dominica, you must be brought before a court without undue delay.

This must take place within 72 hours of your arrest.

The length of time you are held before being brought to court will depend on the progress of the police investigation. The investigating officer must be ready to bring charges once their preliminary enquiries are complete. However, this must still happen within the 72-hour time limit.

If the offence is a minor one, the magistrate may seek to deal with the matter immediately, particularly if the accused pleads guilty to the charge. If a not-guilty plea is lodged or the offence is of a serious nature, then the magistrate may postpone the case to a later date or possibly refer the case to the High Court. At this stage it is usual to appoint a lawyer to represent you.

At court the examining judge will discuss your case with you. They’ll decide if you’ll:

• be placed on remand to wait for your trial
• have to pay a fine
• be released without charge

Being put on remand

You may be put on remand if you’re strongly suspected of committing an offence. This means you’ll be put in prison while you wait for the criminal investigation and trial to finish.

How long you can be on remand for

The length of time on remand can vary significantly. If you believe that the time spent on remand is excessive, this should be raised with your lawyer.

Bail

The judicial system in Dominica has a provision for bail. The decision to grant bail rests with the magistrate. The defendant’s lawyer is responsible for submitting this application to the court.

The British High Commission cannot transfer bail funds for you.

Arriving at prison

You’ll be put in a temporary cell when you arrive at prison. You’ll have your photo taken and get a prisoner number. You’ll be asked to give details like your:

• name, date of birth and nationality
• home address
• medical conditions or allergies
• religion, marital status and profession
• name and address of next of kin

Tell the prison staff if you have any pre-existing medical conditions so that they can arrange for you to be seen by a doctor.

The prison has access to a social worker who can offer advice and help you to understand the prison system. You may also ask for a pastoral visit from a religious representative.

Your next-of-kin will not be told you’re in prison unless you give your permission.

Personal belongings

When someone is arrested, any personal belongings that are not required as part of the investigation or held as evidence may be transferred to the prison, if there is enough space to store them. However, for certain offences, there is no guarantee that personal belongings will be returned. The police are legally entitled to retain or destroy items seized as evidence.

Remand prisoners are usually allowed to wear their own clothes. Sentenced prisoners are provided with a prison uniform.

Please be aware that The British High Commission cannot trace or store any personal belongings of British nationals imprisoned in Dominica.

If you have questions about your personal belongings or the process, you should speak to your lawyer. They are best placed to provide advice on your specific case.

Your prison cell

Remand inmates are housed in single cells usually with three inmates per cell. Once sentenced, inmates occupy one of six dormitory style cells with 30-40 prisoners per dorm. Prisoners are responsible for cleaning their own areas, so cleaning standards may vary.

Contacting the British High Commission

Tell the prison if you want the British High Commission to know you’re in prison.

Medical check-up

A doctor will give you a check-up within the first few days of being in prison. It might include x-rays and blood tests.

Tell the doctor about any medical conditions you already have. The doctor will decide if you need a special diet or any other medical treatment.

Contact the British High Commission if you need help getting your medical notes in the UK.

Rights and responsibilities in prison

The prison must tell you your rights and responsibilities.

Visits from family or friends

If you would like to receive visitors from the UK, they should contact the Superintendent of Prisons at Dominica State Prison to arrange a visit.

Visitors can also contact the British High Commission for assistance. A consular representative can then contact the prison on their behalf to help facilitate the visit.

How many visits you’re allowed

For information and advice on prison visits please consult the Dominica Prison Service website Home - Dominica Prison Service.

Inmates in general population and remand are allowed one visit weekly. The maximum number of persons per visit is five (5).

Arranging visits

You can arrange a visit by calling the prison on:

• +1 (767) 448 3329/2631

Visits outside the normal visiting times must be approved by the Superintendent of Prisons. You should contact the prison well in advance to agree a suitable visiting schedule.

You can also contact the Dominica Prison Service by email: prisonservices@dominica.gov.dm.

To receive visitors, you must give the prison:

• the visitor’s full name
• the dates and duration of their stay in Dominica

Visits are not allowed on public holidays.

During the visit

To visit you will need a picture ID for example:

• Valid passport
• Driver’s license
• Social Security card
• National ID card

The full name (first and surname) of the person that you would like to visit.  Aliases and nicknames will not be processed.

Visitors are required to place purses, bags and other such items in lockers provided for safety purposes.

What visitors can take with them

You can find a full list of items that are allowed and not allowed in prison on the Dominica Prison Service website Accepted / Unaccepted Items - Dominica Prison Service.

No weapons, ammunition, alcoholic beverages/containers are allowed. Introduction of contraband into a prison is prohibited.  Visitors who introduce contraband into the prison shall be banned from the institution and will face possible arrest and criminal prosecution.  Cell phones, cameras, money, drugs of any kind, notes and letters are considered contraband and will not be allowed into the prison compound. 

Visits from British embassy or consulate staff

After our first visit following your arrest, we will usually visit you every six months.

During these visits, you can talk to us about:

• your health
• your treatment in prison
• any safety or security concerns
• any other issues you want to raise

If there is anything you do not want us to share with your next of kin, please tell us during the visit.

You can also write to us at any time if you have concerns. If your situation is urgent, it may be quicker to ask prison staff to contact us on your behalf.

Money

The British High Commission does not provide financial assistance to prisoners.

Money transfers from family or friends

There are two ways in which you can receive financial assistance whilst in prison:

• private funds deposited to you by family or friends

• Prisoners Abroad is a British charity who can send a quarterly grant when funds are not available through family

Family or friends can send you money by bank transfer. They cannot send you cash in the post.

Ask the prison authorities for the bank account information for your family or friends to use.

They must put certain details on the money transfer reference:

• prisoner’s name and date of birth
• prison name
• what the money’s for, for example the prisoner’s private fund account

Prison accounts

Prisoners will have a prison account, which can be used to purchase items from the prison canteen.

The prison social worker can explain how the system works and how funds can be managed.

How to make a complaint about mistreatment

The British High Commission can help if you have been mistreated or abused and will take all complaints seriously.

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you; to check on your welfare; discuss the allegations; and inform you of any local complaints’ procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

Your investigation and trial in Dominica

The Dominica judicial system is very similar to that of the UK. The British High Commission cannot interfere with the Dominican judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties.

Judges have the responsibility of carrying out a detailed assessment of all the facts about your case. Their final decision will be based on these findings.

The trial starts when the investigation is finished.

Choice of court

The Magistrate’s Court deals primarily with:

• Criminal matters that fall under summary jurisdiction
• Preliminary inquiries for indictable offences
• Family and civil matters such as maintenance, protection orders, and landlord-tenant disputes
• Traffic violations and minor offenses

Magistrates preside without juries and often serve as the first point of contact for legal proceedings before cases escalate to the High Court.

The type of court your case will be heard in normally depends on how serious the alleged offences are.

Completion of investigations

While you’re on remand before the trial, the public prosecutor investigates the charges against you.

This can include things like:

• questioning you and the witnesses

• getting expert opinions

• getting police investigative summaries

• examining laboratory reports

The investigation stage is finished when the public prosecutor believes they have enough evidence to take you to trial or they decide to end the case and release you.

Bill of indictment

If your case will go to trial, you will be given the ‘bill of indictment’. It will say:

• what you’re accused of
• which laws may have been broken
• what the evidence is

If you think the charges are incorrect, you’ll be given time to say why. You can also apply for further evidence to be considered if you think it will help you.

Sentences

Sentences for an offence can vary greatly and will depend on the seriousness of the offence. Your lawyer will be best placed to advise you on the length and appropriateness of the sentence.

Sentences can include:

• compensation

• a fine

• a suspended sentence (a punishment outside prison during which you might need to meet certain conditions, for example do unpaid work, or you will be sent to prison)

• imprisonment

Making an appeal

There is usually the right to appeal against your sentence through your lawyer. Your lawyer is best placed to advise you on the appeal process.

Prison conditions in Dominica

The prison was built in 1954 designed to hold 84 inmates and currently has a population in excess of 200. Overcrowding has been managed by the construction of additional cell blocks.

Remand inmates are housed in single cells usually with three inmates per cell. Once sentenced, inmates occupy one of six dormitory style cells with 30-40 prisoners per dorm. Prisoners are responsible for cleaning their own areas, so cleaning standards may vary.

Basic toiletries are provided but can be supplemented by the purchase of additional items from the ‘canteen’ as needed.

The prison has access to a social worker who can offer advice and help you to understand the prison system. You may also ask for a pastoral visit from a religious representative.

Letters and packages

You can receive letters and parcels. The prison authorities are obliged to deliver letters with the minimum delay.

All mail/parcels should be sent directly to the prison at the following address, and should show the name and details of the sender: -

F.A.O (Inmate), C/O Superintendent of Prison, The State Prison, Stock Farm, Roseau, Dominica.

Receiving packages

You may have to make an application to receive packages. Check with the prison to see what can and cannot be sent to avoid parcels being returned and check other restrictions (e.g. maximum size and weight, and type of packaging).

You’re not allowed to receive food or luxury goods.

The person sending the parcel must take care of any customs paperwork and possible charges when they send the parcel to avoid it being returned.

Checks on your mail

All mail is subject to censorship procedures and will be read and checked prior to reaching you.

Telephone calls

Telephone calls when sentenced

You can make an international call with the purchase of a telephone card from inmate services.

If you have a matter of a ‘serious nature’ which you need to discuss with consular staff on the telephone you may ask the authorities to pass a message to the British High Commission on your behalf. We will then make a telephone appointment to speak with you. We will only do this if we consider the issue to require urgent attention.

Medical and dental treatment

Your basic medical needs must be met while you’re detained in Dominica.

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison. Routine treatment is funded by the prison however this does not apply to specialist or non-essential treatment.

The process for this will be explained by the prison officials and is usually straightforward. Any challenges with this can be reported to the Superintendent and/or to your consular representative.

For information about how Prisoners Abroad can help with medical requirements please see Prisoners Abroad.

Treatment for a new illness or condition

Speak to the prison guards or your social worker if you need medical or dental treatment.

The doctor might not visit every day in smaller prisons, so submit the request as soon as possible.

Prison doctors are often similar to UK GPs (general practitioners). If you have an unusual or complex condition you might be referred to a specialist outside the prison.

Existing conditions

The British High Commission can try to make sure the prison knows about any medical or dental issues you have if you want it to. It can also talk to your UK GP to help get your medical records sent to the prison.

You might be transferred to a hospital with a police guard if your condition cannot be treated in prison.

Drug and alcohol addiction

Talk to the prison doctor as soon as possible if you feel you need treatment for your drug or alcohol addiction.

Mental health care

Talk to the prison psychologist or doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety.

The prison may be able to make recommendations about adjustments for psychological issues.

Food and diet

The prison authorities assure us that the food they provide is a balanced diet giving the necessary daily nutritional requirements (e.g. meat, rice, bananas, bread, beans, and peas).

During the remand period, inmates are also allowed to receive food from the outside. This can be arranged via the lawyer and is subject to the approval of the prison superintendent. This privilege is discontinued at the end of the remand period.

Special diets

A special diet can only be approved where the prison doctor gives authority on medical grounds. Vegetarians may not fall into this category, nor will special diets related to religious beliefs. Your diet can be supplemented by purchasing items from the prison ‘canteen’ when available.

Prison shop

There is a prison shop known as a ‘canteen’ where prisoners can purchase for example, toiletries, beverages, tinned items and telephone cards.

Work and study

While on remand inmates are not entitled to work, they are entitled to exercise for one hour per day but, remain in their cells for the rest of the time.

Sentenced prisoners may be able to work and take part in training programmes, but places are limited and demand often exceeds availability. Opportunities may include work on the prison farm, in the kitchen, or on construction projects. Applications to work or train should be submitted to the Superintendent. Time worked may be taken into account for extra remission, but this is not guaranteed. Prisoners may also be paid for work completed and can save their earnings.

The female inmates are also engaged in farming and creative craft making. 

Books, languages and activities

Usually there is access to a wide range of books via the prison’s library service.

You might be able to:

• order books directly from publishers or authorised websites

• subscribe to English newspapers or magazines

Ask the prison. You always need permission before ordering a particular book, magazine or newspaper.

There is a recreational hall with a television which mainly shows the sport channels and there are also outdoor facilities for basketball and cricket.

Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.

Religion

You are allowed to take part in religious services of your choice. You also have the right to receive visits from a priest, rabbi or minister of your faith.

Mobile phones

Mobile phones are strictly forbidden in Dominica prisons. You will be disciplined if you – or anyone visiting you – are found with one. This may include losing your job or affecting your release date. Visits could also be suspended.

Transferring to another prison

Transferring to a prison in the UK

The UK and Dominica do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.

Transfer to another prison within Dominica

There is only one prison in Dominica.

Early release

Circumstances which can result in early release may vary. Your lawyer is best placed to advise you on the possibility of early release.

You can sometimes have your sentence reduced, especially if you are a first-time offender. Clemency or pardon is possible in some rare cases. You can also sometimes pay a fine instead of spending time in prison.

Reduction of sentence (remission)

At the time of sentencing, the magistrate or judge has the option to decide if time which has already been served on remand will be taken into consideration; this is not an automatic right. Once convicted, prison authorities will advise prisoners of the terms of their sentence, included the expected date of release. It is normal practice for prisoners to serve at least two-thirds of their sentence.

Clemency or pardon

Your lawyer is best placed to consider the nature of your offence and advise you on the possibility of clemency or pardon.

Paying a fine instead of detention

If your sentence includes a fine, the verdict must say how many days you would have to spend in prison if you did not pay the fine.

Release and deportation

You can contact the British High Commission if you need help when you’re released.

Deportation

The prison authorities will inform you of your release date as you near the end of your sentence. In turn, the British High Commission can assist in informing family/friends in the UK.

Foreign nationals are not usually permitted to stay in Dominica after release.

Flights to the UK

As you approach the end of your sentence, the prison authorities will tell you your release date.

The British High Commission can help inform your family or friends in the UK of your confirmed release date, if you wish.

Foreign national inmates are responsible for meeting the cost of their return airline ticket back to the UK and we advise that flight reservations are only made once you and the British High Commission have a confirmed release date from the prison authorities.

Getting a passport

Make sure your British passport is still in date. Contact the British High Commission before you’re released if you need an Emergency Travel Document for your journey home.

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

Find a professional service abroad - Find a lawyer in Dominica

Prisoners Abroad forms

Prisoners Abroad forms

Prisoners Abroad authorisation form

Prisoners Abroad family contact form