Guidance

Barbados: prisoner pack

Updated 2 September 2020

Introduction

Who we can help?

The Foreign, Commonwealth & Development Office (FCDO): 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 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 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?

Ann Lewis, Consular Services Manager (Vice-Consul) Cherri-Ann Dixon-Holford Consular Officer Jamal Prescod Consular Officer Consular.bridgetown@fcdo.gov.uk

Contact Information British High Commission P.O.Box 676 Lower Collymore Rock St Michael BB11000, Barbados 1 246 430 7800 www.gov.uk/world/barbados Office hours: Monday to Thursday (except Wednesdays) 8:00am to 4:00pm Friday: 8:00am to 1:00pm

First Steps

Who will know I have been detained?

When a British citizen is arrested in Barbados, the authorities should inform the British High Commission upon the prisoner’s formal request. However, we may also learn of an arrest informally from friends, or family of the detainee.

What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone, even your family that you have been detained or what the charges are without your permission. However, if you wish to inform your family, we can make contact with them through our colleagues in the FCDO in London. We can give your family or next of kin advice on prison procedures, regulations, and how you are doing. We can also pass on important messages from you.

What will the High Commission do?

When notified of an arrest, a consular officer will seek to make contact within 24 hours. The first visit will be within 48 hours unless the offence is a minor one. During the period that a case is being heard by the courts, the consular officer will keep in close contact with you and your legal representative, making visits as necessary.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally accepted standards.

Would I have a criminal record in the UK?

You should be aware that that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check was carried out by a prospective employer.

Visits

How do my family and friends arrange a visit?

Family and friends are permitted to visit inmates in person, but all visits must be prearranged. To arrange a visit a request can be submitted by the inmate to Inmate Services. Alternatively family/friends can contact the prison authorities on the following number to arrange an appointment: Tel: +1 246 416 6900. They may also contact the British High Commission, and a Consular Officer will subsequently contact the prison on their behalf.

Visits are usually conducted in booths where inmate and visitor are separated by a perspex screen. The authorities reserve the right to hear and see all meetings and conversations with inmates.

The prison is in a remote location and served by an infrequent public bus service. Visitors are advised to book a taxi to and from the facility.

How many visits am I allowed?

Sentenced inmates are able to send one visit request out per month if they have local family/friends. Inmates on remand are permitted to send one per week. If family/friends are visiting from overseas the consular team can prearrange permission visits. These extra days are discretionary.

Consular visits

After the initial visit upon notification of arrest, we will visit you at 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 not to disclose to your next of kin you should let us know during the visit.

What can visitors bring?

Visitors are not permitted to take any goods of any kind, for an inmate, to the prison. Any items required must be sought, by the inmate, via the prison’s Inmate Services.

See sections on mail and funds if required.

Prison conditions/services

Arrival at prison

When someone is arrested, any belongings that are not part of the investigation process, or evidence, will be sent to the prison if the prison has enough space to keep them. However, with certain offences, there is no guarantee that personal belongings will be returned since the Police are legally entitled to keep or destroy items seized as evidence.

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

Your lawyer is best placed to advise you if there are any initial questions about this process.

General prison conditions

HM Prison Dodds is a custom built prison, which opened in October 2007. It occupies a 250-acre site in the parish of St Phillip in the South-East of Barbados. The prison is designed to hold up to 1500 male inmates. There is a separate female unit which can hold up to 150 detainees.

Cell conditions: Remand inmates are housed on a segregated block in single cells, usually with three inmates per cell. Once sentenced, inmates generally occupy dormitory style cells with approximately 30 prisoners per dorm. Female prisoners are accommodated in single cells.

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

Social Assistance: The prison has access to a social worker who can offer advice and help you to understand the prison system. There is also a resident chaplain and the authorities can arrange for pastoral visits from representatives of all major religions.

How can I receive money?

The British High Commission does not financially support British Nationals imprisoned abroad. 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.

For further information on how you can receive funds, your family/friends should contact the Caribbean Desk in the Consular Directorate of the Foreign, Commonwealth & Development Office in the United Kingdom (Tel: 020 7008 4507/4522). Instructions for transferring funds can be found below.

Funds received from the UK will be converted into local currency and sent to the prison where they will be added to your prison account. Please note that consular staff cannot be responsible for the loss or return of funds by the prison authorities.

OPTIONS TO TRANSFER FUNDS TO BRITISH NATIONALS OVERSEAS VIA THE FOREIGN, COMMONWEALTH & DEVELOPMENT OFFICE

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

Electronic Bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society. For all bank transfers, you will need to include the following details: Bank: National Westminster Bank Account Name: FCDO Multi Vote Sort Code: 60-70-80 Account Number: 10012362 Reference: FCDO case reference number (which can be found at the top of this letter), surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE - BARBADOS or CON-1234 SMITH JOE – BARBADOS IBAN GB56NWBK60708010012362 SWIFT/BIC NWBKGB2L 10

You may also need our bank address which is: London Corporate Service Centre, CPB Services, 2nd Floor, 280 Bishopsgate, London, EC2M 4RB.

By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to: Accounts Receivable Foreign, Commonwealth & Development Office Corporate Service Centre PO Box 6108 Milton Keynes MK10 1PX We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page. If you would like a receipt, please include a stamped addressed envelope. Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque. We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth & Development Office FCDO case reference number: Date: Please find enclosed funds for: Full Name: Country/place the above is in: Amount enclosed: Fee to be deducted: Payment method: My name is: My address is:

Can I work or study in prison?

Remand inmates are not entitled to work or study programs. Persons on remand are entitled to exercise for one hour per day, but remain in their cells for the rest of the time.

Those who are serving sentences are able to work, but due the limited types of jobs available, demand regularly exceeds supply. Opportunities may be available on the prison farm, in the kitchen and other projects. Applications to work should be submitted to the Superintendent.

There is a library service and classrooms where inmates are offered the opportunity to study a variety of courses including business studies, life skills, and vocational training (plumbing, joinery, mechanics).

Can I receive medical and dental treatment?

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 PA section.

Food and Diet

Food is prepared in the kitchen area and delivered to the dormitories by trustees and workers within the kitchen area. 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). A special diet can only be approved where the prison doctor gives authority on medical grounds (e.g. diabetes). Vegetarians may not fall into this category nor will special diets related to religious beliefs. Diet can be supplemented by purchasing items from the Prison ‘canteen’ when available.

Mail/Parcels

You are entitled to receive unlimited letters and the prison authorities are obliged to deliver letters with the minimum delay. However all mail is subject to strict censorship procedures and will be read and checked prior to reaching you. Any mail received which does not pass scrutiny will be placed with the inmates’ personal belongings and handed to them on their release. The authorities are unable to return mail to ‘sender’ if it does not comply with censorship rules. Letters can be sent to either the British High Commission for onward transmission to the Prison, or directly to the Prison at the following addresses:

Prison BHC

F.A.O (Inmates Name) British High Commission British Inmate Consular Section C/O The Superintendent of Prisons Lower Collymore Rock HM Prison Dodds PO Box 676 St Phillip Bridgetown Barbados Barbados

At present the prison authorities do not permit the receiving of individual parcels or items without prior agreement.

Written Correspondence to the BHC: Consular staff will reply to any written correspondence within our UK Government target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be of a ‘serious nature’ – this includes any serious health issues with which you need our help or any serious concerns that you may have for your safety. Issues of a routine nature should be raised with us during consular visits.

Can I make telephone calls?

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.

The Prison operates a telephone system which requires inmates to add credit to their account. Inmates can add up to six numbers to their account and are then able to make a five minute, local or international call, each day as long as there is enough credit on their account. If an inmate is not able to add credit or the telephone system is not working, the British High Commission can assist in facilitating one monthly telephone call for family members. The inmate will be given an allotted time for the call and this information will be relayed to the appointed family member in the UK via Consular Directorate in London. The family member should then telephone the prison at the allotted time on +1 246 416 6900. Remand prisoners are entitled to receive additional local calls as needed from legal representatives needing to discuss their case.

Leisure and entertainment

Usually there is access to a wide range of books via the prison’s library service. Inmates are also allotted time for exercise each day.

Drugs

Any type of drug trafficking in prison is a serious, punishable offence.

How can I make a complaint about mistreatment?

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.

The Barbadian Judicial System

Is the system the same as the UK?

The legal system of Barbados is based on the British system of justice. The High Commission cannot interfere with the Barbadian judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information.

What should happen when I am arrested?

You will usually be taken to a holding cell or detention centre. At the moment of your arrest, you should be made aware of your rights. You should inform the authorities if you wish the British High Commission to be informed of your arrest. They will usually do this as a matter of course.

An arrested person will normally be brought before a magistrate’s court the day after the arrest. 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. (See note below.)

For how long can I be remanded in custody?

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. If your lawyer feels that this time is outside of the scope of the local law and/or they felt due process had not been followed, we along with our legal advisers would then be able to consider whether this presents us with sufficient grounds to intervene under international law.

What happens when I am charged?

The courts will inform you, your lawyer and if applicable, the prison, of their decision. The penalty for an offence can range from a reprimand to a fine and/or a prison sentence.

If the defendant cannot pay the fine, he or she is sent to prison for a sentence set by the magistrate. The sentence can be reduced if the fine is paid. As a sentence is served, the size of the fine is proportionally reduced, thus making it easier to pay off. Defendants who are foreign nationals are normally remanded in custody at HM Prison Dodds, in the parish of St Phillip.

Usually, foreign nationals are ordered to be deported after a fine has been paid or a sentence served.

What provision is there for bail?

The judicial system in Barbados 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.

What kind of legal assistance is available?

Appointing a Lawyer You can hire a lawyer for yourself at any time after your arrest; a list of English speaking lawyers is included with this guide (please note the disclaimer). Consular Officers are not lawyers and cannot offer authoritative legal advice. We advise you to determine the lawyer’s fees before appointing someone to represent you.

Legal Aid There is no legal aid in Barbados for foreign nationals.

Paying Local Costs The British High Commission cannot pay your fines, lawyer’s fees or any other costs that you incur as part of your arrest or during your incarceration. We also cannot guarantee to the court/lawyer that you will pay them. If, however, you have a family member or friend in the UK who can deposit money with the Foreign, Commonwealth & Development Office in London we will release the equivalent amount in local currency. The consular representative will discuss this with you during his/her visits.

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

What happens at the trial?

Your lawyer is best placed to advise you on the trial process.

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.

How can appeals be made?

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.

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

When sentenced the magistrate or judge has the option to decide if time served on remand will be taken into consideration; this is not automatic. 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.

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

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

What provision is there for 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.

What about any financial penalties?

Your lawyer is best placed to advise you about any potential financial penalties attached to the prison sentence.

Is transfer to another prison within Barbados possible?

There is only one prison in Barbados.

Is transfer to the UK a possibility?

There is a Prisoner Transfer Agreement (PTA) between the UK and Barbados. If you are sentenced to a term of imprisonment you may apply to serve the term in the UK, subject to the provisions of the PTA and providing you have at least six months remaining on your sentence and no outstanding fines to pay to the courts in Barbados. The consular officer can explain the scheme to you in more detail. It is important to be aware that overseas convictions could eventually appear on record in the UK. There are various ways the UK authorities can find out about overseas convictions and avoiding a prisoner transfer to the UK does not necessarily mean that the UK authorities will not find out.

What are the procedures for release and deportation?

The prison authorities will inform you of your release date as you near the end of your sentence. In turn, the BHC can assist in informing family/friends in the UK. Foreign national inmates are responsible for meeting the cost of their return airline ticket back to the UK and we advise that flight reservations only be made once you and the BHC have a confirmed release date from the prison authorities.

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

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

*Please be aware that grants for food will be stopped if you receive funds from friends or family greater than your monthly allowance. Prisoner Abroad grants must not be used for anything other than essential item sand cannot be used for Emergency Travel Documents.

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

Annexes

Annex 1: List of English-Speaking Lawyers

Annex 2: FCDO leaflet: In prison abroad

Annex 3: FCDO leaflet: Transfers home for prisoners abroad

Annex 4: Prisoners Abroad authorisation form

Annex 5: Prisoners Abroad family contact form

Annex 6: Prisoners Abroad CFF form

Annex 7: Fair Trials International

Annex 8: Reprieve information

Disclaimer

This booklet was compiled by the Consular Section, British High Commission, Bridgetown. 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 in Barbados is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

Date of Last update: 26th September 2019