Guidance

The Bahamas: prisoner pack

Updated 3 October 2022

Who we can help?

The FCDO is represented overseas by its Embassies and Consulates (High Commission in Commonwealth Countries). Both employ consular officers and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly, in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British High Commission for your convenience, but neither His Majesty’s Government, nor any official of the Consulate, 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 you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison, nor secure you an earlier trial date. We cannot investigate a crime.

We have tried to make sure that the information in this booklet 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 contact a lawyer.

Who are the Consular Representatives?

• Isabelle Fawkner-Corbett (Vice Consul)
• Latoya Thompson (Consular Officer)
• Yvonne Earlington (Consular Officer)
• Marion White (Consular Officer)
• Rosamund Roberts (Honorary Consul The Bahamas)

Contact information

British High Commission
PO Box 575
Trafalgar Road
Kingston 10

Tel: (001 876) 936 0700 Fax: (001 876) 733 5335 Email: Kingston.Consular@fcdo.gov.uk

Office Hours: Monday to Thursday 08:00 – 16:30, Friday 08:00 - 13:00

First steps

Who will know I have been detained?

When a British national is arrested and detained, the Bahamian authorities should notify the Honorary Consul in The Bahamas. The arresting officer will pass on arrest details, including the details of any family or friends you would like the British High Commission to contact on your behalf. We will not contact anyone without your permission.

What will my family be told?

For confidentiality reasons, we are not permitted to tell anyone that you have been detained or what charges have been brought against you without your consent. With your permission, we can contact friends and family members and pass on messages on your behalf. Messages are passed on through our colleagues in the FCDO in London.

What will the High Commission do?

We aim to make contact with you within 24 hours of being notified of your arrest and visit within 48 hours. In cases where friends and family wish to transfer money to you, we can tell your friends or family how to transfer money through the Foreign, Commonwealth and Development Office (FCDO) in London. Your family or friends can contact the FCDO on 0207 0081500 for more information on this.

Under FCDO’s assistance policy if you have dual nationality and are imprisoned in the country of your other nationality, the British High Commission cannot assist you. It is strongly advised that you talk to a lawyer and your local authorities. Your relatives and friends in the UK can contact the above telephone numbers for advice from the FCDO in London.

Would I have a criminal record in the UK?

If you are detained in The Bahamas and go to prison for drugs and other serious offences, the FCDO will notify NCA (National Crime Agency). Once notified, UK police will have records of your arrest. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Visits

**Subject to COVID-19 restrictions***

How do my family and friends arrange a visit?

Family and friends can arrange visits by calling the Visit Department of The Bahamas Department of Correctional Services\ (242)-364-9875/ (242)-364-9802 or emailing publicrelationspris@bahamas.gov.bs or commissionersofficepris@bahamas.gov.bs

All visitors are required to provide valid government issued identification

How many visits am I allowed?

Inmates are allowed 30 minutes visits as outlined below:

• Remanded Inmates – Suspects who have been arrested and are being held in custody until their hearing are allowed visits on Monday, Wednesday & Friday 12:30pm to 3:30pm.
• Sentenced Inmates (First Offenders) – Inmates with no prior convictions are allowed visits once per month, Fridays only between 12:30 to 3:30 pm.
• Sentenced Inmates (Repeat Offenders) – Inmates who are repeat offenders are allowed visits once every two months, Fridays only between 12:30 to 3:30 pm.

Consular visits

subject to COVID-19 restrictions* After the initial visit upon notification of arrest, we will visit you at six month intervals. However, you may request a visit by a Consular Official if you have an urgent need such as welfare or security concerns. Consular will then assess the need and if necessary conduct a visit outside of the six month intervals.

During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. If there is any information you would prefer us not to disclose to your next of kin you should let us know during the visit.

What can visitors bring?

All visitors are subject to a search. Inmates Property Intake hours of operation are as follows: Mondays - Fridays between 8:00 am and 11:45 am Books, Periodicals and Newspapers are accepted on Mondays, Wednesdays or Fridays between the regular operating hours for both sentenced and remanded inmates. All reading material will be read to determine their suitability for inmate’s use. The following items are allowed for REMANDED inmates: 1 Pair of Pants (No Black/Grey) 2 Shirts 3 T-Shirts (White/Light Grey Only) 3 Briefs 3 Singlet’s (White Only) 3 Pairs of Socks (White Only) 3 Boxers 2 Towels (one large & one small) 1 Pyjama (newly admitted inmates) 1 Pair of Slippers (newly admitted inmates) 1 Sheet (newly admitted inmates) 1 Daily Dinner

The above items, with exception of the daily dinner will only be taken ONCE A WEEK ON TUESDAY’S and will only be taken again once the old items have been sent out through the Inmates Property Intake Department. The following items are allowed for SENTENCED inmates: 3 T-Shirts (White Only) 3 Briefs 3 Singlets (White Only) 3 Pairs of Socks (White Only) 3 Boxers 2 Towels (one large & one small) 1 Short Pants (No pockets, No Strings, No Stripes) 1 Pullover Sweater (No hood, White/Light Grey Only) The above items, will only be received ONCE A MONTH ON THURSDAY’S.

Prison conditions/services

Arrival at police station

On initial detention, you will be allowed a telephone call to either your family or the British High Commission.

Arrival at prison

On reception to the prison, arrangements will be made to ensure that every prisoner is provided in his/her cell, dormitory or ward, with full information about the Rules governing the treatment of prisoners of his/her class and about any other regulations of which he/she should have knowledge, including those relating to privileges, to the proper method of submitting a petition to the Governor-General and of making complaints, to food, clothing, bedding, and other necessaries, and to the disciplinary requirements of the prison.

The following is an excerpt from the statute law of The Bahamas [Original Service 2001]

(1) Prisoners on admission shall be strictly and minutely searched by the reception officer (males by the male reception officer, females by the reception matron). Their clothing shall be removed and kept in the custody of the reception officer who shall take due care of them, but no responsibility shall be accepted for unavoidable deterioration through age.

(2) All property, including personal effects, clothing and money, shall be taken from the prisoner on admission and entered in the Prisoners’ Property Book by the reception officer and signed for by the owner on admission and discharge. The Superintendent shall initial all entries of property including personal effects, clothing and money received and his initials shall hold good as a receipt for the articles against which they appear, and for which he shall be responsible for the safe custody thereof.

(3) Articles which, in the opinion of the Superintendent are too bulky for storage, will not be received. Matches or other articles of a dangerous nature will not be received.

1. The name, age, height, weight, particular marks, and such other measures and particulars as may be required in regard to a prisoner shall, upon his admission and from time to time, be recorded by such officer and in such manner as may be directed by the Superintendent.

2. Every prisoner shall, as soon as possible after admission, be separately examined by the medical officer, who shall record the state of health of the prisoner, the class of labour he is fit to perform and such other particulars as the Superintendent may request him to record.

3. Every prisoner shall take a bath on reception and at the times fixed by the Superintendent, unless it shall be otherwise directed in any particular case by these Rules or by the Superintendent or the medical officer.

4. If a prisoner is found to have any infectious or contagious disease, or found to be in a verminous condition, steps shall be taken at once to treat the condition and to prevent it from spreading to other prisoners.

General prison conditions

The Bahamas Department of Correctional Services was constructed in 1952 and conditions can be compared favourably to other institutions in the Caribbean region. Prison conditions in The Bahamas are below UK standards. Foreign nationals are treated no different from Bahamians.

How can I receive money?

The Inmate Commissary allows family/friends to deposit funds on an inmate’s account. The hours of operation are as follows:

Mondays, Wednesdays and Fridays - 8:00 am to 3:30 pm

Friends and family are able to deposit money into your prison account in person if they visit, or if they are in the UK, they can transfer money to the FCDO account. This money can then be deposited by Consular staff into your prison account or sent via postal order. Postal orders or checks can be sent to:

Accounts Receivable
Foreign, Commonwealth & Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

If you would like a receipt, please include a stamped self addressed envelope. We recommend that you use Recorded or Special Delivery. Please ensure that you include a note briefly explaining who the money is for and why.

In addition Prisoners Abroad, a UK charity, can assist with funding for prison comforts and some medical care if you are not in receipt of any regular donations from other sources.

Can I work or study in prison?

Upon admission every male inmate goes before a Classification Board. During the assessment period their skills and level of education are ascertained. A sentenced plan is developed which may contain one or all of the following; educational classes, therapy sessions or a work program. Prisoners sentenced to a term of imprisonment exceeding one month may attend programmes of educational classes. Reasonable facilities, under such conditions as the Superintendent may determine, shall be allowed to prisoners who wish in their leisure time to improve their education by correspondence courses, private study or to practise handicrafts.

Labour is divided into 3 classes: 1ST CLASS Males: trades and hard bodily labour as may from time to time be appointed (either within or outside the walls of a prison).

2ND CLASS Males: sedentary or less hard bodily labour as may from time to time be appointed (either within or outside the prison and in workshops). Females: cooking, laundry, sewing, sweeping and cleaning. Females shall not work outside the compound of the prison.

3RD CLASS Males and Females: light occupation within a prison in accordance with the directions of the medical officer.

Can I receive medical and dental treatment?

Yes, upon admission all inmates are medically screened and given a dental assessment. the Bahamas Department of Correctional Services has two medical doctors, a dentist and several nurses on staff. The medical officer shall examine every prisoner as early as possible after admission. He shall also examine every prisoner on the morning of his discharge.

The medical officer should on every visit examine prisoners who has complain of illness, reporting to the Superintendent in writing their fitness or otherwise for labour. He shall see every prisoner who is sick in the prison hospital or elsewhere.

Food and diet

All inmates are served three meals per day and have access to purified drinking water. Meals are periodically checked by the Medical Officer to ensure that they are balanced. Additionally, items are available for sale from the Bahamas Department of Correctional Services Commissary.

Mail/parcels

No prisoner shall receive or send any parcel or receive any food, bedding, or other articles, without previous inspection by the Superintendent or by an officer appointed by him.

When a prisoner is admitted under sentence for the first time he or she may be allowed to write a letter upon admission and thereafter once a month. When a prisoner is admitted under sentence for a subsequent term or terms he or she may be allowed to write a letter upon admission and thereafter once every two months. Prisoners under sentence may be allowed to receive such a number of letters as the Superintendent or the committee may determine.

Every letter to or from a prisoner will be read by the Superintendent or by a responsible officer deputed by him for the purpose. The letter will be read within the discretion of the Superintendent to stop any letter on the ground that the contents are objectionable or that it is of inordinate length.

Prison address

Office of the Commissioner of Corrections
Bahamas Department of Correctional Services
Fox Hill
P. O. Box N 504
Nassau, N.P., The Bahamas

commissioner’sofficepris@bahamas.gov.bs publicrelationspris@bahamas.gov.bs

Phone: Office of the Commissioner of Corrections: (242)-364-9802 Office of the Deputy Commissioner of Corrections: (242)-364-9860 Operator: (242)-364-9800/364-9807 Public Relations Department: (242)-364-9875 Fax: (242)-324-4941

Can I make telephone calls?

Yes, telephone calls can be made through Bahamas Department of Correctional Services in-house Case Management Unit or one of the Department of Rehabilitative Welfare Services representatives stationed at Bahamas Department of Correctional Services.

Leisure and entertainment

Inmates at Bahamas Department of Correctional Services are allowed one half hour of exercise during work days and inmates housed in dormitories have access to television.

Drugs

Prescription medicines and medical supplies, ordered by the Prison’s Medical Officer are issued free of charge to inmates.

How can I make a complaint about mistreatment?

Complaints about mistreatment can be made to the Director of the Housing Unit and the Superintendent of Prisons. For more detailed information on Bahamas Department of Correctional Services please contact the Office of the Commissioner of Corrections at the Ministry of National Security.

Office of the Commissioner of Corrections Bahamas Department of Correctional Services Fox Hill
P. O. Box N 504 Nassau, N.P., The Bahamas

Office of the Commissioner of Corrections: (242)-364-9802 Office of the Deputy Commissioner of Corrections: (242)-364-9860 Operator: (242)-364-9800/364-9807 Public Relations Department: (242)-364-9875

The Bahamian judicial system

Is the system the same as the UK?

The basis of the Bahamian Law and legal system is the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are appointed by The Governor General acting on the advice of the Judicial and Legal Service Commission.

What should happen when I am arrested?

After you are arrested and charged with a crime you will be booked. You will be finger printed. Your name and the crime that you have been charged with will be entered into the official police record. Your personal belongings will be taken from you for safe keeping while you are in custody. They will be inventoried and you will be asked to sign the inventory. Depending on the charge and the circumstances of your case, you may be released and ordered to appear for your hearing in court.

For how long can I be remanded in custody?

Long pretrial detentions are not uncommon in The Bahamas. However, there is a right to be brought before a magistrate within 48 hours.

What happens when I am charged?

Each case varies and the possibilities are best explained by your lawyer.

What provision is there for bail?

Bail is offered at the discretion of the courts. You should discuss concerns regarding bail with you lawyer.

What kind of legal assistance is available?

You will be handed a list of local lawyers by the consular official. It is for you to decide whether you wish to retain the services of a lawyer, and if so, which one. If you opt to appoint a lawyer, you, your family or friends must meet the costs – the High Commission cannot involve itself in personal disputes over the payment of legal fees.

In The Bahamas criminal defendants have the right to an attorney, but government appointed counsel is provided only in capital cases.

What happens at the trial?

If you enter a plea of no contest or of guilty, there will not be a trial. In this situation, you will either be sentenced immediately or sentenced at a later time. If you are to be sentenced at some point in the future, the judge will determine whether you should be held in custody until sentencing or whether you should be released and ordered to appear for sentencing.

Sentences

Sentences will vary from case to case, but in most cases involving drug trafficking the court will impose a mandatory sentence and a fine sentence.

How can appeals be made?

Information on the appeal process can be found on the [court of appeals website].(http://www.courtofappeal.org.bs/procedures.php).

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

When an inmate is sentenced by the court 1/3 of the sentence is deducted as remission for good behaviour.

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

An inmate can make an application for early release to the Prerogative Board of Mercy, Ministry of National Security.

National Security, Ministry of Churchill Building
Rawson Square
P. O. Box N 3217
Nassau, N.P
The Bahamas

Email: nationalsecurity@bahamas.gov.bs

Phone: (242) 502-3300 (242) 356-6792/3 (242) 356-4400/3

Fax: (242) 356-6087

What provision is there for clemency or pardon?

An inmate can make application for clemency or pardon to the Prerogative Board of Mercy, Ministry of National Security.

National Security, Ministry of
Churchill Building
Rawson Square
P. O. Box N 3217
Nassau, N.P., The Bahamas

Email: nationalsecurity@bahamas.gov.bs

Phone: (242) 502-3300 (242) 356-6792/3 (242) 356-4400/3

Fax: (242) 356-6087

What about any financial penalties?

Fines and penalties must be paid via the Judiciary after which the court will send to HM Prison and amended warrant.

Is transfer to another prison within The Bahamas possible?

The Bahamas consist of several small Islands. HM Prison is located on the main Island of Nassau. Any prisoner sentenced to imprisonment with or without hard labour for any term exceeding twenty-eight days on any of the smaller islands shall be transferred as soon as possible from the Out Island prison or lock-up to the main prison at Fox Hill, New Providence in Nassau.

Is transfer to the UK a possibility?

No, The Bahamas do not have a bilateral extradition treaty agreement with the UK whereby an inmate can request to be transferred to spend the remaining of his/her sentence

What are the procedures for release and deportation?

All foreign nationals are released into the custody of the Immigration Department for deportation. Arrangements can be made for the purchase of airfare either by the respective Embassy or relatives and friends.

Prisoners abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

Email: info@prisonersabroad.org.uk

Website: www.prisonersabroad.org.uk

Disclaimer

This booklet was compiled by the Consular Section, British High Commission Kingston. It is revised on a regular basis

If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British High Commission is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.