Republic of Cyprus police station arrest pack

Question 1

Introduction

Accepted Answer

Who can help?

The Foreign, Commonwealth & Development Office (FCDO): The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries). Both employ Consular Officers, and one of their duties is to provide help and advice to any UK National who gets into difficulty in a foreign country.

About the British High Commission

We are impartial; we are not here to judge. We aim to make sure that UK Nationals in detention are treated properly and fairly in accordance with local regulations, and that they receive the same standard of treatment as other detainees.

We can answer questions about the welfare of UK Nationals in detention and about police and prison regulations, but detainees must ask their lawyer or the court about legal matters. A list of lawyers is provided by the British High Commission for convenience, but neither His Majesty’s Government, nor any official of the British High Commission, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get UK Nationals out of a police station or prison, pay fines or stand bail, interfere with local judicial procedures nor secure an earlier trial date, and we cannot investigate a crime.

We have tried to make sure that the information in this pack is accurate and up-to-date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt, detainees should contact a lawyer. We hope the information in this pack is helpful.

Who are the Consular Representatives?

Christina Smith	Vice Consul
Nikki Bevan	Consular Officer
Nancy Antoniou	Consular Officer
Aynur Yildrimer	Consular Officer
Louise Knight	Consular Officer

Contact Information

Consular Section
British High Commission
Alexander Pallis Street
PO Box 21978
1587 Nicosia
Republic of Cyprus

Tel: +357 22861100 (follow the Consular option & emergency option out of hours)
Fax: +357 22861200 (Consular)
Use our contact form: www.gov.uk/contact-consulate-nicosia
Website: www.gov.uk/government/world/cyprus

Question 2

First steps

Accepted Answer

Who will know I have been detained?

When a UK National is arrested they will be asked at the police station if they want the police to inform the British High Commission of their arrest & detention; if you do not consent to us being informed you will be asked to confirm this in writing by signing a police form (in Greek).

If you do consent to us being informed this is done in writing and normally takes no longer than two days. However, family/friends may inform us more quickly but see the section below ‘What will my family be told’.

What will my family be told?

We can only inform family/friends if the detainee authorises us to do so (there are exceptions in the case of a minor). Providing the detainee has given consent, it will be up to them to decide how much information relating to their case is passed on to family/friends. However, please take into consideration that family/friends could learn about the case via other means, and may contact the British High Commission.

What will the British High Commission do?

Our staff are there to support the detainee and to care for their wellbeing. Our staff can liaise with the police on certain issues and concerns; however, as pointed out earlier, legal matters should be addressed with the lawyer. We will contact you as soon as possible within two working days. You can decline Consular assistance at any time.

We will provide a list of English speaking lawyers, and details about the legal system in the Republic of Cyprus. We will ask if you would like us to inform anyone of your arrest.

If a custodial sentence is imposed we can provide details about the prison to your family/friends and inform them about how they can transfer money to you.

Would I have a criminal record in the UK?

If someone is arrested for certain serious offences, such as assault, sexual assault or drug-related crimes, our staff must inform the relevant UK authorities. The information about the criminal offence will be sent to the ACRO Criminal Records office in the UK. It is therefore possible that, if convicted, the person may have a criminal record in the UK.

Question 3

The Republic of Cyprus judicial system

Accepted Answer

The system in Cyprus is different from the UK. There are two types of offences; major offences and minor offences. Minor offences are dealt with in a local district court and the major cases are heard in the Assizes court in the main towns. This is often based on the potential length of sentence that could be imposed for that offence(s).

The local district court, where minor cases are heard, is controlled by a single judge. The Assizes court has three judges presiding over each case. The jury system is not employed.

The system in Cyprus involves the judges being responsible for carrying out wide-ranging enquiries in order to produce a file of evidence on each case. The judge uses this file of evidence as a basis for deciding his verdict. The trial is regarded as the final act in each investigation and the judge is very much in control of proceedings and will ask most of the questions.

What should happen when I am arrested?

Arrival at police station

When a UK National is arrested, they should be informed, in English (if necessary via an interpreter), why they have been arrested

They will be asked at the police station if they want the British High Commission to be informed. If you do not consent to us being informed you will be asked to confirm this in writing by signing a police form (in Greek).

Arrests are normally supported by an arrest warrant issued by a judge. However, if a police officer has reasonable grounds to suspect that a person has committed a serious crime, that person may be arrested without a warrant.

A person taken into police custody without a warrant will be charged with the offence, released upon certain terms pending the investigation or be brought before a judge for a warrant of arrest. The latter is the most common.

Minor offences are usually dealt with fairly quickly, with an appearance before the judge in court the next day.

If the warrant is issued, it will state that the person shall be remanded in police custody or be released on bail immediately after his or her arrest. If remanded, the remand order will be for a maximum of eight days, but if the police so request, a judge may extend the period of the remand after each remand period if they are satisfied that the police reasonably require more time to complete their investigations. The length of each remand in police custody should not exceed eight days for each remand period, but it can also be shorter.

Adults can be held in police custody for up to 72 hours maximum (under 18 years old up to 24 hours) by which time they must either appear before a judge or be released. The only exception is terrorism where a person can be held up to 5 days.

In Cyprus there is no automatic right to make a telephone call when you are arrested and the police may withhold visits while they are questioning you. However, you can ask a Consular Officer to inform family/friends or pass on messages via your lawyer. We normally ask you to nominate one main point of contact for the Consular team to liaise with – we ask they disseminate information to other family/friends.

Legal representation and interpreters

A detained person is entitled to legal advice. If a detainee cannot afford a lawyer, the court has the power to assign a lawyer to defend an accused person if, in the opinion of the court, it is desirable that the accused should be defended by a lawyer. When such an appointment is made, the lawyer is paid from the public funds (Section 64 of the Criminal Procedure Law CAP 155).

However please note that it is extremely rare for a Cyprus court to assign a publicly funded lawyer and this is only after you have entered a plea at court.

Legal Aid. You can only apply for legal aid when you have been to court and the charges against you read out and you have entered a plea. See the ‘Legal Aid in Cyprus’ section for more information.

The court may appoint an interpreter/translator for the defendant – it depends upon the circumstances of the case, though most courts have an interpreter/translator present; be aware the English language level may vary and the interpretation may not be a word-for-word translation.

For how long can I be remanded in prison custody?

There is a maximum period during which an accused person can be remanded to prison without trial, up to 12 months for alleged offences punishable by a term of three years imprisonment or less, and up to 24 months for offences punishable by a term of three years and one day or more.

But if the judge is satisfied that there are valid reasons for the police not being able to complete their case against the accused within the time, or there is reason to believe that the accused will escape the court’s jurisdiction if released, the judge may extend the pre-trial detention period by an additional 6 and 24 months respectively. This means in effect that a person can be held on remand for up to 4 years. If the accused person appeals their sentence, they can be held awaiting appeal for up to half the sentence imposed. If the appeal has not been heard by this time the accused must be released pending the result of the appeal.

You can be remanded in custody for more than six months if:

You are suspected of having committed a serious crime
Extensive investigations are required
You are awaiting court trial

If any of these conditions apply, your case must be placed before the Assizes Court. If the Assizes Court orders further detention, it must be satisfied that:

There is a strong suspicion that an offence has been committed and that if released, you would flee.
Your conduct suggests that if you were released you might tamper with the evidence or influences witnesses or prejudice the proceedings in some other way.
Having been charged with sexual offence or offences against the person, there is reason to believe that you will continue to commit theses offences if you are not remanded in custody.

What happens when I am charged?

You should be notified of the charges against you when you are formally charged. A decision will be made whether to release you on bail, or to request your continued detention. Although you may be accused of committing one offence, there may be supplementary charges for example, when more than one person is involved in a crime, there may be additional charges of ‘conspiracy to commit…X offences’. Similarly drugs offences may involve more than one charge i.e. conspiracy, importation, distribution & manufacture.

The District Attorney’s Office i.e. the Public Prosecutor’s Office will investigate the alleged offence. When it is deemed that there is sufficient evidence to prosecute, (and where there is a victim) the judge will proceed if he or she feels there is a case, even if the charges are dropped by the victim; the investigation stage is formally closed and the trial stage is opened.

The District Attorney’s Office must produce an indictment that sets out details of the accused, the crime of which he or she is accused, when and where the crime took place, the legal definition of the crime and the criminal laws applicable to the case. When the judge receives the indictment the date for the trial is set – this may be several months later.

What provision is there for bail?

Once formally charged, you can be released on bail if the police & prosecution authorities agree. Bail conditions may mean that you have to surrender your passport to the authorities, post a sum of money as guarantee (amount varies with the offence & personal circumstances), report to a local police station to sign on or a combination of all of these.

Please note that if your passport is held as part of your bail conditions and you ask us to try to recover it from the authorities so you can travel, this may result in your bail being revoked by those authorities and you being remanded into custody.

If you wish to vary your bail conditions, including asking for the return of your UK passport you will have to approach the court for a variance of the bail conditions. Consular staff cannot become involved in this, or ask for favourable bail conditions simply because you are a UK National. The UK Government is also unable to guarantee your bail, or pay bail monies. While on bail, you will have to support yourself financially. Again there is no UK Government financial assistance for this.

What happens at the trial?

All proceedings take place in Greek with a court interpreter/translator present, the translation may not be word-for-word and they generally only provide translations while you are in the witness box under questioning. When you first appear at court, the charges will be read out and a decision will be made if there is a case to answer – this is an opportunity to raise the issue of legal aid, or of any mistreatment allegations (for example the judge can order your medical examination, or that you are taken to hospital for treatment/assessment); the next stage is for you to enter a plea against the charges, and once this is done a trial date will be set.

In Cyprus, even when the trial is underway, you may attend court for several hearings and there may be several false starts and adjournments, before a conclusion is reached. At the conclusion of the trial, if you are found guilty, a date for sentencing will be set; before sentencing, a report (similar to the UK pre-sentence reports) will be prepared by the Welfare Dept (Social services) for the judge to consider before passing sentence.

If found guilty, the court has the following options: a fine, a custodial sentence, suspended sentence or a combination of all three.

Consular staff do not routinely attend trials.

Question 4

Fines imposed by a Judge in court

Accepted Answer

If the judge imposes a fine, you or your family/friends will either have to produce the funds immediately or potentially be transferred to Nicosia Central Prison until it is paid.

If insufficient funds are available in Cyprus, the British High Commission can help by contacting family/friends in the UK to advise them how to transfer funds. However, the British High Commission cannot pay fines from public funds, even on a loan basis.

Question 5

Custodial Sentences

Accepted Answer

Sentences

All custodial sentences are served in Nicosia Central Prison.

How can appeals be made?

From the date of sentencing, you have 10 calendar days to submit your appeal. This can be done via your legal representative, or you complete a form which you can obtain from the prison – initial request via your block warden. Appeals are likely to be complicated and have several legal aspects, so we recommend that your appeal is prepared and submitted by a legally trained person.

What provision is there for reduction of sentence (remission) e.g. for good behaviour?

Prisoners sentenced to more than a month but less than two years, may earn six days per month remission providing they are well behaved. Prisoners serving a sentence between two and five years may earn eight days remission per month on the same terms. On arrival at the prison and you have been processed, you will be given a card with your prisoner number, release date and later on, your earliest release remission date will be added.

What provision is there for early release e.g. on parole?

The Republic of Cyprus has only recently instituted a parole board. Your block warden can advise on the workings & eligibility for a case to be heard by them.

Any requests for information concerning parole must be addressed to the prison authorities and not the British High Commission.

What provision is there for clemency or pardon?

Early release may be granted to prisoners who have behaved during their sentence. This decision may be granted if the prison is overcrowded, if prisoners have less than two months to serve before major religious holidays (Christmas & Orthodox Easter), other important events such as election of a new President, or anniversary of Cyprus’ independence. Prisoner must not expect to automatically benefit from this.

What about any financial penalties?

If you are remanded to prison, Nicosia Central Prison has recently confirmed to us that they are able to accept payments for fines via Moneygram. The procedure is:

Contact the prison finance office +357 22406165 and confirm the preferred Moneygram Branch in Nicosia, the exact amount (in Euros) of the fine and obtain the prisoner’s number. Detainee’s family/friends must arrange the exact amount to be transferred.

When the money has been transferred, the prison finance office needs to be informed of the address of the Moneygram office and the 8 digit unique Moneygram reference number.

A Prison Officer will be dispatched to collect the money, and then arrangements will be made for the detainee to be released.

If you have been convicted of certain financial crimes, such as non-payment of maintenance, the authorities may not release you until the monies are paid.

Question 6

Legal Aid in Cyprus

Accepted Answer

You can only apply for legal aid when you have been to court and the charges against your read out and you have entered a plea. Before this period i.e. before you are charged formally in court, you cannot apply for legal aid.

Legal Aid applications can be made at the court, where you or your lawyer completes the forms.

Legal Aid FAQ’s

1. What are the costs of a trial and who should normally pay them?

The costs will depend upon the exact nature of the case and include all costs of the legal proceedings. Normally, the costs include the costs of the procedure, the costs for the preparation of the legal documents and the filing of interim applications, the costs of a hearing and appearances, before the court, before and after the hearing, the costs of the witnesses, the costs for the preparation of the list of costs and the costs for the preparation of letters before and during the proceedings. The court will decide at the end of each case, taking into account all the circumstances who should pay the costs. As a rule, in civil and private criminal cases, the losing party to the procedure will be ordered to pay all the costs. However, there are exceptions to this rule. The court may decide that each party will be liable for its own costs. As regards criminal cases, the court will set the costs of the legal proceedings on the basis of the complexity of the case.

2. What is legal aid?

Legal aid is a funding provided to an eligible person and usually includes advice and assistance with any legal problems, in relation to proceedings and representation by a lawyer in court. Representation includes any kind of assistance which is usually provided by a lawyer in relation to proceedings, in all stages until the delivery of a judgment, as well as appeal proceedings and in the case of a criminal procedure includes any stage relating to the procedure before it commence.

3. Can I benefit from legal aid?

Any citizen (nationals and non-nationals) who cannot bear the costs of the proceedings without affecting the basic needs and obligations of himself and his family can apply for legal aid.

4. Can legal aid be obtained for all disputes?

Legal aid is granted in proceedings before the courts of Cyprus and particularly in:

Criminal proceedings before the District Court, the Tribunal Court, the Military Court and the Supreme Court.
Civil and criminal proceedings for specific violations of human rights.
Proceedings before the Family Court in relation to matters of family relations, parental responsibility, alimony, recognition of child, adoption, property relations of spouses and any other dispute in the marriage or in the family; and cross-border disputes.

5. Is there a specific procedure for emergencies?

If the case is urgent, the lawyer, may ask the court, before which the case is tried, to issue a certificate for granting legal aid. The court in such cases shall give the necessary priority of examining the application.

6. Where can I obtain an application form for legal aid?

An application form can be obtained from the Registry of the Court which has, depending on the case, jurisdiction to examine the application to grand legal aid. The application form is then completed by the applicant or his/her lawyer, is submitted to the court, before which the case is tried and is registered in the Special Register of the same Registry.

7. Which documents should I attach to my request for legal aid?

A written statement containing general information in relation to your personal data, your profession, your remunerations and incomes, your property assets, your marital status etc (Form 2 of Application for granting legal aid).

8. Where should I register my request for legal aid?

The application is submitted to the court where your case is tried unless it is related to cross- border disputes, where in such a case, the application should first be received by the Ministry of Justice and Public Order, which ensures that this application is submitted to the competent court which will consider it.

9. How will I be informed of whether or not I am eligible for legal aid?

Through any Legal Service; Courts, Law Office of the Republic, Chief Registrar of the Supreme Court, Registries of District Courts, Ministry of Justice and Public Order, Cyprus Bar Association, Local Bar Associations.

10. If I qualify for legal aid, what should I do?

You should apply in writing to the court, before which the case is tried and request the issue of a certificate of legal aid. In proceedings relating to cross border disputes, competent receiving and transmitting authority has been designated the Ministry of Justice and Public Order, 125, Athalassas Avenue, 1461, Strovolos, Nicosia. The Ministry of Justice and Public Order receives such applications via mail, e-mail), or via fax. Such applications are accepted in the Greek & English.

11. If I qualify for legal aid, who will choose my lawyer?

The lawyer is chosen by the person entitled to legal aid from a list of lawyers who are willing to offer their services. In the case where the person entitled to legal aid does not indicate a lawyer of his own choice, the court that issues the certificate of legal aid calls this person to choose a lawyer of his/her preference from the list of lawyers, interested to offer their services within the framework of the institution of legal aid, prepared by the Cyprus Bar Association.

12. If Ι qualify for legal aid, will this cover all the costs of my trial?

If a certificate for free legal aid is granted by the court, then all your costs are covered.

13. If I qualify for legal aid, will it cover any review I might make following the trial?

The granting of legal aid applies for any instance of jurisdiction (first instance or appeal). Where, for example, legal aid was granted to you during the first instance procedure, then you are entitled to a grant of legal and in any other procedure that follows, in relation to your case. In an appeal, however the issue of a new certificate is requested, after a new written application is made.

14. If I qualify for legal aid, can it be withdrawn before the end of the trial (or even after the trial)?

The certificate for legal aid may be withdrawn by the court ex officio or after an application made by the Office of the Attorney General where there is substantial change in relation to your personal and financial data. Withdrawal of the issued certificate, does not affect the right of the lawyer for remuneration, for his/hers services offered until the date of withdrawal.

15. If I do not qualify for legal aid, can I appeal against the decision?

A right of appeal against a decision for not issuing a certificate for legal aid exists, on the basis of the basic rule that all decisions of the courts are subject to appeal.

16. Further information

You can find further information online here: https://fra.europa.eu/sites/default/files/legal_aid-law-procedure-cy.pdf and here: http://www.cyprusbarassociation.org/files/cba/Legal-aid-Legislation.pdf

Or contact the Chief Registrar of the Supreme Court by telephoning + 357 22865716 or in the Legal Affairs Unit of the Ministry of Justice and public Order by telephoning +357 22805922 or +357 22808946.

Question 7

Useful links

Accepted Answer

www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide
www.gov.uk/help-if-you-are-arrested-abroad/y/cyprus
www.gov.uk/government/publications/arrest-or-detention
List of local lawyers
www.gov.uk/government/collections/lists-of-translators-and-interpreters
www.gov.uk/government/publications/in-prison-abroad

The Cyprus Commissioner for Administration and the Protection of Human Rights Ombudsman Link here (in Greek): http://www.ombudsman.gov.cy/ombudsman/ombudsman.nsf/index_en/index_en?opendocument
Email: ombudsman@ombudsman.gov.cy

If you have a complaint regarding the police, you can write to the Independent Authority for the Investigation of Allegations & Complaints Against the Police. Link here (in Greek): www.iaiacap.gov.cy

Or write to

IAIACAP,
23 Ezekia Papaioannou,
9 Maretha Court,
5th Floor,
Nicosia 1075.

Tel: +357 22872412
Email: iaiacap@iaiacap.gov.cy

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