Chapter 1: Key points
Overview
If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.
This information pack aims to give you, and your family and friends, information about the local system in Chile and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.
If you are arrested or detained in another country:
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the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
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if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
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friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000.
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London on +44 (0)20 7008 5000
In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.
Who we are
Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.
British Embassy Santiago
Consular Section
Av. El Bosque Norte 0125
Las Condes
Santiago
Chile
Tel: (0056 2) 2370 41 00
Fax: (0056 2) 2370 41 70
Website: www.gov.uk/world/chile
E-mail: santiago.escalations@FCDO.gov.uk
You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.
What we can do
The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.
In Chile, notification by the authorities to the consulate normally takes place several days after the arrest.
Once we are notified, we aim to contact you as soon as possible.
We can also:
- provide a list of local English-speaking lawyers and interpreters. See also Legal Aid.
- provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
- provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
- keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
- tell the police or prison doctor, with your permission, about any medical or dental problems including medication
- put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
- in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
- help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
- in some circumstances we may be able to help you apply for a transfer to a prison in the UK
What we cannot do
- get you out of prison or detention
- help you get special treatment because you are British
- offer legal advice, start legal proceedings or investigate a crime
- help you get special treatment because you are British
- help you get special treatment because you are British
- forward you packages sent by friends or family
- help you get special treatment because you are British
- prevent authorities from deporting you after release
First steps
If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.
If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.
If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Chile.
Legal assistance: lawyers
We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.
Consular assistance: fair treatment
We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.
Other organisations that can provide assistance
We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.
Chapter 2: Detention conditions in Chile
Visits: friends and family
Who can visit and how to arrange visits
You should consult FCDO travel advice before you travel to Chile for the latest information on safety and security, entry requirements and travel warnings.
When visits are allowed
All prisons have established visitation schedules, and these can differ depending on the facility. Some have different visiting days for men and for women, others only allow visits on certain days of the week. The prison social worker should be able to explain the visiting rules for each facility. Details can be obtained by the Embassy from the particular facility the inmate is in, prior to any visits.
Consular staff usually try to arrange extra visiting days when family members come from the UK due to the distance they have had to travel.
These extra days are given by the prison governor and the decision is discretionary. An inmate always has the right to refuse a visit.
People allowed to visit
Apart from your lawyer and Embassy consular staff, family and friends can be allowed to visit.
Frequency of visits
Most facilities have two or three visitation days per week.
Number of visitors allowed at a time
This will depend on the facility and could vary greatly between private and public prisons.
Arranging a visit
The Embassy can arrange special visits for your family or friends from overseas. The Embassy needs to send a formal request to the Prison authorities (Gendarmería de Chile), and the Ministry of Justice at least two weeks in advance. Prison authorities can grant the visits according to each prison’s regulation.
Other rules for visits
This will depend on the facility and could vary greatly between prisons. ID will need to be provided to enter the facility and might be retained for the duration of the visit. This is standard practice.
Differences between different prisons
Visiting rules depend on the facility and differ from prison to prison. Prison authorities authorise the visits according to each prisons’ rules and regulations. Details can be obtained by the Embassy from the particular facility the inmate is in. The prison social worker will also be able to advice on this.
What to expect when you visit
This will depend on the facility and could vary greatly between each prison. Details can be obtained by the Embassy from the particular facility the inmate is in, prior to any visits.
Visitors should expect to be searched before a visit, including a physical pat down. For women this could include particular attention paid to their bra. This physical search may be performed by a male or female guard. They will need to show ID and might need to leave this with the prison authorities for the duration of their visit.
Visits might not start on time and could be interrupted or even ended early. Depending on the facility, there could be a guard present in the same room.
What you can take on your visit
Regulations on permitted items vary between each prison. Details can be obtained by the Embassy from the particular facility the inmate is in, prior to any visits.
Regulations also frequently change, sometimes with little or no notice. Therefore, families should contact the FCDO in advance of their visit so we can provide them with an updated list.
Prohibited items will depend on the facility and could vary greatly between each prison. Details can be obtained by the Embassy from the particular facility the inmate is in, prior to any visits. In general, it is strongly advised that visitors avoid bringing in anything that could be used as a weapon or a recording device:
- mobile phones, cameras or recording devices in different formats, for example, inside pens
- hard cover books
- earrings
- any glass or ceramic items, for example, food containers
- shoes or clothing with shoelaces, cords or belts
Visits – consular staff
We will visit you or arrange a call every three months; during our routine visits/calls 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.
We will always ask the prison authorities to ask if you agree with the visit/call.
If you would like us to visit, please ask prison authorities to contact us to start making the necessary arrangements.
At each Consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.
During Consular visits, Consular officer should also:
- provide you with funds, if you are receiving them through the FCDO
- provide you with vitamins, if you are receiving them from Prisoners Abroad
- provide you with available newspapers and magazines
- provide you with correspondence, if you have received any at the Embassy
- attend to your queries/questions and provide you with feedback/news about any issue pending, if already available
- provide you with news or messages from family and friends
You can write to us at any time on matters of concern but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.
You can write to us at any time on matters that concern you to the following address:
British Embassy Santiago
Consular Section
Av. El Bosque Norte 0125
Las Condes
Santiago
Chile
If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.
Emergency trips outside of prison
This will depend on the facility and could vary greatly between private and public prisons. Some facilities will allow this only in case of medical emergency or necessity..
Police custody and initial arrival at prison
Arriving at the police station: your basic rights
It is important to note that no one can be detained unless a previous order has been issued by a public officer who has been delegated with authority to do so and that this order be carried out according to law. The exception to this rule is when a person is caught in the act of committing a crime, but only with the purpose of making the detainee immediately available to the proper authority.
When a UK National is arrested in Chile they are first taken to a ‘Comisaría’ (Police Station). They are normally transferred to the prison in the jurisdiction of their place of arrest. Carabineros /Police usually allow the UK national to contact the British Embassy or offer to make the call on the person’s behalf.
Gendarmería de Chile is the Chilean institution that manages prisoners and prisons. The mission of Gendarmería is to contribute to a safer society, guaranteeing the effective enforcement of remand and prison sentences for those whom the courts determine, providing those affected with fair treatment, and developing social rehabilitation programmes that tend to reduce the likelihood of recidivism.
Medical checks will be carried out by the prison health department – ‘Area de Asistencia técnica de ‘Gendarmería de Chile’ shortly after the arrival at the facility.
When the arrest is carried out in compliance with a warrant, the law enforcement agents in charge of this procedure or the officer in charge of the detention centre will take the detainee to the judge who issued the detention order. If this was not possible due to incompatibility with the court schedules, the detainee shall remain in custody until the time of the first court hearing. The time of custody can at no time surpass twenty-four hours from the moment of detention.
If the arrest is made when the detainee was committing a crime the law enforcement agent that carried out the detention or the officer in charge of the detention centre will inform the public prosecutor’s office not later than twelve hours from the time of the arrest.
The public prosecutor may in that case annul the arrest or otherwise order that the detainee be taken to the judge within twenty-four hours of the arrest. In case the prosecutor fails to act on the matter the police will deliver the detainee to the court within the aforementioned time period. When the prosecutor orders the detainee to be presented to the court the judge shall promptly order that the situation is made known to the detainee’s lawyer or to a state public defendant.
The detainee can be remanded in custody for the whole process until they receive their sentence or are acquitted. The detention of the accused whose presence is required at a Court hearing and who is legally required to appear will also be ordered, without justification.
Código Procesal Penal de Chile is the Chilean body of law that regulates the prosecution of criminal offences.
The rights of the detainees in Chile are the following:
- to know why they were detained
- to be treated with dignity at all times: they may not be subjected to torture or cruel, inhuman or degrading treatment
- to remain silent
- to request the presence of a defence lawyer and to meet privately with them
- inform a family member or anyone else they deem appropriate that they have been detained, the reasons for this deprivation of liberty and the place where they are being held
- detention in police custody may not last for more than 24 hours, which is the maximum time for being brought before a judge
- complain to the judge if their rights were not respected when they were detained
- to have the service of a defence lawyer from the beginning of the investigation and until the end of their sentence, in case they are found guilty
According to the Chilean judicial system, the State can imprison someone in the following cases:
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When they are caught committing a crime. The police officer who has detained the person or the person in charge of the detention facility where he/she is being held has 12 hours to inform the Public Prosecutor’s Office, which, through the prosecutors, can cancel the detention or order that the person be brought before a competent judge within 24 hours. Both deadlines are counted from the moment the person was arrested. If the person is to be brought before a court, they must have a lawyer that they trust or one belonging to the Public Defender’s Office.
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When a court so determines, in one of the following 3 ways:
- through a detention or arrest warrant against a person. This order must be implemented by an official of the State, ‘Policía de Investigaciones’ or ‘Carabineros de Chile’
- arrested or detained persons must be brought immediately before the judge who issued the warrant. If this is not possible because the arrest has been made outside the working hours of the court, the person arrested or detained shall be brought immediately before the judge who issued the order. The detained person may be kept in the police or detention centre until the first hearing, which may never exceed 24 hours
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by ordering the remand ‘Prisión preventiva’. On the basis of qualified background and evidence that justify its decision, the Court may order that while the proceedings are in progress, the person shall be imprisoned when:
- remand ‘Prisión Preventiva’ is the most appropriate means to ensure that the criminal trial is successful
- it is necessary to protect the safety of the person affected by the offense
- it is necessary to protect the safety of society (for example, seriousness of the offence, existence of a criminal record)
The defendant may appeal against the decision of the court.
You can only be sentenced to serve a prison sentence when they have been found guilty of committing an offence after a trial in accordance with the guarantees of due process before a competent court.
The following procedures apply when a person is arrested in Chile:
1. Arrest by court order/warrant
(Ruled by article 127, Código Procesal Penal de Chile.)
Carabineros and Policia de Investigaciones officers must arrest a person with an outstanding arrest warrant.
The validity of the arrest warrant must be verified beforehand. - The detainee must be informed of the warrant, This means that they must be informed of the existence of the warrant, of the background information that supports it and of its imperative nature, showing it to them, if possible.
In the case of verbal arrest warrants, the arresting police officer must issue a record indicating the court that issued the warrant, the offence on which it is based and the time it was issued.
2. Arrest when a person is caught in the act of committing a crime, known as ‘flagrancia’ or ‘flagrante delicto’.
(Ruled by articles 129 and 130, Código Procesal Penal de Chile.)
Police officers are responsible for arresting those caught in the act of committing an offence in ‘flagrante delicto’, immediately notifying the respective prosecutor’s office.
A person will be ‘in flagrante delicto’ if:
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they are caught committing an offence (the police officer witnesses the commission of the offence being perpetrated at the time)
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they have just committed the offence (the police officer witnessed the commission of the offence or part of the offence that has just been committed)
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they were identified by the victim or a witness as the perpetrator or accomplice to the offence, after fleeing the scene of commission (the police officer has not witnessed the commission of the offence but has only received the testimony of the offended party or another person)
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at a time immediately after the commission of a crime, they are found with: objects from the crime, with signs, on their person or their clothing, that would cause suspicion of participating in the crime or with weapons or instruments used in the commission of the crime
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they are accused as the perpetrator or accomplice of a crime committed in an immediate time by victims who call for help or eyewitnesses. The police report must clearly and precisely indicate the circumstances of the arrest, stating the place, date and time of the arrest, giving a chronological account of the events. This will allow the prosecutor to configure one of the hypotheses of flagrancy described, as well as to argue and sustain it in a well-founded manner before the Judge (Juez de Garantía)
Appearing at court
Depending on the court appearance, the detainee could be required to speak. A court-appointed lawyer will not necessarily speak good English. An interpreter should be assigned to the case but will not always appear when required , for example, at court appearances. If the interpreter does not appear, the hearing will normally be postponed.
Once made available to the designated court, the formalisation hearing will commence. This hearing’s goal is to determine if the detention process fulfils all the legal requirements. In that same hearing the public prosecutor can formalise the accusation against the defendant, provided that the prosecutor has gathered the required elements in support of the accusation.
Otherwise, the prosecutor may request the judge to continue the detention for an additional 3 days. The judge may order such additional days of detention only if he/she finds that there are circumstances that merit such a decision. Besides the presence of the public prosecutor the law requires the presence of the defendant’s lawyer, who may be a privately engaged lawyer or a lawyer provided by the state.
More information about the Chilean judicial system can be found in Chapter 3.
Read more information about the Chilean judicial system.
Initial arrival at the prison
The process is much the same in public and private prisons but there will be differences depending on whether or not it’s private or public and also where it is located (Santiago or regions of Chile). Carabineros /Police usually allow the UK national to contact the British Embassy or offer to make the call on the person’s behalf.
The person is normally temporarily placed in a holding wing of the prison at least until the first hearing takes place. Prisoners will usually be imprisoned for the duration of their sentence in the jurisdiction in which the crime was committed. Both Prosecutor’s office and Public defender should make contact with the person within first 24 hours of arrest. Within 24 hours, a judge needs to decide if the prisoner will be temporarily held in a holding cell until sentencing or transferred to another prison. This will largely depend on the facility the person is in: private or public.
Prisoners are searched upon arrival at prison and routinely documented. Prison authorities (Gendarmeria) store the prisoner’s valuables in a safe box for each individual prisoner. Receipts should be provided in a private prison, but are unlikely to be provided in a public one. Prisoners do not have access to these boxes or belongings.
Every wing in prison has a public payphone and prisoners are able to make local phone calls within Chile to domestic numbers only. They may need to pay cash for the call, depending on the prison. They cannot receive phone calls on these public payphones.
Some prisons will have video calls available, you will need to ask the social worker to see if this is provided so you can speak with your family.
Depending on the facility and any health concerns of the prisoner, they may be interviewed by a doctor and or social worker upon arrival. Any medication with the prisoner could be permitted only after an interview with a doctor. They are able to keep their own clothing, no uniform is required. A short supply of basic toiletries should be provided upon arrival by the prison.
The Gendarmería Prison Regulations regulate a series of rights and duties for prisoners.
All prisoners have the right to:
- a cot, a mattress and a blanket
- food of sufficient quality and quantity, which shall be supervised by a nutritionist, doctor or paramedic
- to receive parcels or packages, which shall be registered and controlled
- the right to ideological and religious freedom, the right to honour, the right to be treated by name, to personal to personal privacy and access to culture
- to carry out basic education studies free of charge within the regime of the establishment
- to carry out work individually or in groups, which will bring them to earn some kind of income to help with family expenses and to save money for the end of their sentence
- information, through the free reading of books, newspapers, periodicals, magazines, and through radio and television sets of the establishment or of the inmates, whose admission has been authorised by the penitentiary authority
- to communicate in writing in their own language with their families, friends, representatives of prison cooperation agencies and institutions, and in general with persons who wish to do so
- that at least 8 hours of the day should be devoted to rest and that the rest of the time the that the rest of the time the authorities attend to the spiritual, physical, treatment, educational and cultural needs of the persons deprived of their liberty. Gendarmería shall establish starting and finishing times for each day
- they shall be allowed to be visited by their relatives and persons they have authorised to visit them. All visits shall be conducted in a manner that respects the utmost privacy and shall not be subject to any restrictions other than those imposed for reasons of privacy restrictions other than those imposed for reasons of security and the good order of the prison
- the prisoner shall have the right to contact the competent authorities, both inside and outside the prison, in order to defend their rights and interests
- not to be discriminated against
- to medical care and hospitalisation when they need it, which may take place inside or outside the prisons
- prisoners have the right to inform their family or whoever they have their family or whomever they have determined at the moment of their admission or transfer to another establishment. The prisoner may communicate once by telephone directly with their family or with whomever they deem appropriate
- the protection of their personal data and relevant personal information by Gendarmeria – it shall not be disclosed to any other person
Prison: conditions and daily life
There are more than 100 traditional detention facilities throughout the country, including both private and public facilities.
A major problem is overpopulation in most of the facilities; if a prison is overpopulated the authority may transfer prisoners between prisons. Prisoners that will be transferred are preferable the ones that receive less visits.
The prison population is divided into a closed and open system. The open system refers to those who are serving a sentence but subject to ‘alternative measures’. The alternative measures refer to those which have replaced a prison sentence carried out in a Chilean prison facility with a measure enabling the individual to continue developing their social, family and work life.
The closed systems on the other hand are those where they are incarcerated in criminal facilities; both indicted prisoners of the old penal procedure system, and also the accused and the convicted under the new system.
You will reduce the risk of conflict with both guards and prisoners by learning some Spanish. It will also help you to make your needs understood, especially if you fall ill.
Accommodation
This will depend on the facility and could vary greatly between private and public prisons. Private facilities tend to have less people per cell (2 inmates or more) whereas public ones could have 4 or more.
Food and diet
Nutritionists are in charge of determining the prisoner’s diets. For example breakfast may contain toast with jam or spam plus coffee or tea. Lunch and dinner usually consist of two courses. Inmates are allowed to have small stoves and cook in their cells the food brought by their family members. However, there are obvious associated risks to this. Specific/special nutritional needs are often overlooked and cannot be met.
Hygiene
This will depend on the rules of each facility and could vary greatly between private and public prisons. The Embassy can request full details of this as soon as a person is assigned to a facility. The prison social worker will also be able to advice on rules.
Work and study
This will depend on the rules of each facility and could vary greatly between private and public prisons. The Embassy can request full details of this as soon as a person is assigned to a facility. The prison social worker will also be able to advice on rules. Generally the facilities will have workshops that allow inmates to participate in making items and this may even be paid. There are some facilities in which inmates are treated as normal workers and take part in the same health and pension plans established for regular workers.
This will depend on the rules of each facility and could vary greatly between private and public prisons and the ‘module’ in which the detainee is imprisoned. In general, contact with other inmates is permitted but specific rules (times, forms of contact) will depend on the facility.
It is highly unlikely there will be other English-speaking inmates or guards. If there are inmates who speak English, the prison may be amenable to placing the detainee in the same cell, depending on the nature of the crime.
The prison will not provide Spanish language classes.
Inmates can entertain themselves in a number of ways: practicing sports, watching television, listening to the radio, partaking in workshops as well as other recreational activities. All of these are voluntary and are no way mandated by prison officials.
Most facilities have a library for the inmates. There is free access to them and its use is encouraged. There are advantages given to those inmates who wish to study. It is highly unlikely to find books in English in the prison library.
You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).
Exercise
This will depend on the rules of each facility and could vary greatly between private and public prisons. The Embassy can request full details of this as soon as a person is assigned to a facility. The prison social worker will also be able to advice on rules.
Climate
The Chilean climate is quite different to that of the UK. Chile is a very long country so climate will also change depending on where the facility is located – northern Chile is more desert-like than the south, and subject to extreme temperatures: very hot during the day, cold at night.
Religion
This will depend on the rules of each facility and could vary greatly between private and public prisons. The Embassy can request full details of this as soon as a person is assigned to a facility. The prison social worker will also be able to advise on rules.
Rules and regulations (including drugs)
This will depend on the rules of each facility and could vary greatly between private and public prisons. The Embassy can request full details of this as soon as a person is assigned to a facility. The prison social worker will also be able to advise on rules.
Not all prisons have an official set of rules or expected behaviours and inmates have their own system of self-imposed rules. You should familiarize yourself with what kind of behaviour is expected of you. Drugs are common, particularly in older prisons. Some prisoners are “drug pushers”, and they aim at getting prisoners addicted to drugs so they become a source of steady funds. Incurring debts inside the prison, especially for drugs, invariably buys trouble. Daily interest rates on debts are often extremely high. Contracting infectious diseases (HIV, hepatitis, etc.) as a consequence of drug use is very common. Some prisons have limited rehabilitation programs for drug users. If you have any concerns in respect to your safety, you should mention this to prison staff immediately or to your lawyer. If you feel as though you are not being treated in line with internationally recognised standards, you can also contact the consular staff.
Prison: access to help and services
Receiving money
There are 2 ways you may be able to receive financial assistance while in prison:
- private funds: deposited to you by your family or friends.
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Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).
The UK government does not provide financial assistance to prisoners.
Private funds
While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.
The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.
We cannot receive payment by credit or debit card, or by cash.
In general, each prison has a special bank account to receive funds for prisoners. Deposits or wire transfers can be made specifying the beneficiary, in case the family or friends that transfer the money are locally based.
Prisoners Abroad
Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. You may be eligible for one of the three Prisoners Abroad Funds – the Craig Feehan Fund, the Vitamin Fund and/or the Medical Fund.
Medical and dental treatment
While you are detained, Chile is responsible for ensuring your basic medical needs are met.
Each jail has its own professionals in charge of aiding the inmates: doctors, dentists, psychologists. All of the facilities must also have an infirmary and first aid facilities. Furthermore, they are required to attend to all common illnesses presented by the inmates. In case of a serious injury or disease inmate can and will be transferred to a public healthcare facility. Rules, infrastructure and available medication will vary greatly between private and public prisons. A prison social worker will be able to explain the process in detail.
Most facilities will have a psychologist or psychiatrist available, whether on staff or an external provider who visits the facility. Mental health in Chile is generally considered a priority, but many facilities may be lacking in infrastructure seen in the UK: designated areas for ‘suicide watch’ or similar.
Prisoners can get glasses, but these would need to be paid for by them or their family. The prison will not cover this cost.
In case of a medical emergency, the detainee should immediately ask to be taken to the infirmary. If medical staff deem necessary, the detainee could be transferred to a hospital outside of the prison.
With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.
With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.
Letters and parcels
This will depend on the rules of each facility and could vary greatly between private and public prisons. Some facilities prohibit the reception of parcels, others will allow parcels which comply with strict rules regarding size of package and contents. All items will be thoroughly reviewed by prison authorities before allowing entry.
The Embassy can receive mail and packages on behalf of prisoners from Prisoners Abroad.
If you wish to send your family or friends correspondence, you may do it independently or through the Embassy or Prisoners Abroad. If you do it through the Embassy, the Consular Officer will send your correspondence to the addressee with immediate effect. However, you will have to pay the corresponding fee for it. The fee can be deducted from your next funds´ deposit.
The mail may take a couple of weeks to arrive in the UK. Please do not send your mail with a UK postage stamp, as it will not be sent through the diplomatic bag, and therefore, the postage stamp will be wasted. Only mail addressed to Prisoners Abroad or any HMG office will be sent through the diplomatic bag.
We would advise your next of kin to send your mail to the Embassy. If the mail is sent directly to the prison, it may not arrive. If sent to the Embassy, please bear in mind that we will give it to you during our regular visits only. If mail is sent to consular staff, we may open the mail to check for prohibited items but will not read the contents. It is advisable to send it through a reputable courier company.
If you wish to send someone to the Embassy to collect your mail, funds, vitamins and newspapers, you are free to do it. Such person will have to bear an ID and a letter of authorisation signed by you. Otherwise, no delivery will be made.
The Embassy cannot receive parcels for you from your family or friends. We do not take responsibility if your parcel gets stuck in customs and return to the sender. The Embassy cannot intervene in this process.
Telephone calls
This will depend on the rules of each facility and could vary greatly between private and public prisons.
For example, in a private facility located in northern Chile, each prison ‘module’ has a public telephone available for local calls. The detainees need to pay for these calls but can use the phone as much as they like. For international calls, the detainee should request assistance of their lawyer who will facilitate with the prison an international call. This would be at the expense of the detainee.
Mobile phones are strictly prohibited in every prison, public or private. Punishments for using a mobile phone will vary.
Making a complaint about mistreatment
If you have been mistreated, you should 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 explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.
You have the right to inform us and ask the Embassy to make formal representations on your behalf with the Chilean authorities. We aim to make sure that you are treated properly and fairly in accordance with Chilean regulations, and that you are treated no less favourably than other prisoners. We cannot get you better treatment than other prisoners.
However, torture and mistreatment while detained or in prison are prohibited by the Chilean and international laws and therefore, you have the right to complain. If you have been abused by another prisoner, you can also inform the Embassy and if you agree, we will liaise with the Chilean authorities to do all we possibly can to prevent these incidents in the future and assist you in your recovery.
Deliberate mistreatment of British prisoners is uncommon in Chile.
Where to report locally a mistreatment or violation of rights:
- in the periodic visits made by the judges (Jueces de Garantía) to prisons
- in the periodic visits made by the Public Defenders to prisons (only for accused persons). www.dpp.cl
- during visits made by the Prison Public Defender’s Office (only in the Metropolitan Region, in La Serena and Concepción) (only for convicted prisoners)
- in the periodic visits made by the lawyers of the National Human Rights Institute to prisons. In addition, a family member or a third party can contact the INDH. Phone: (02) 22887 8800 www.indh.cl
- public Prosecutor’s Office. Phone: 600 333 0000.
www.fiscaliadechile.cl
- judicial Assistance Corporation (Free professional legal assistance). From landline: 600 440 2000. From mobile phones: +56 22 362 8200 www.cajmetro.cl
Chapter 3: The Chilean judicial system
Overview
The Chilean judicial system is different to the UK judicial system, however, there are many similarities. For example, there are oral proceedings, prisoners are presumed innocent until proven guilty, and they have a right to legal representation, interpreters, fair trial and appeal. However, there are fundamental differences. For example, it is not based on a jury system.
A criminal proceeding usually begins with a lawsuit or a formal accusation and this paves the way for an investigation by the public prosecutor. This prosecutor defends the interests of the state and is in charge of determining the existence of a punishable offence. This investigation is restricted to a time frame determined by the civil rights judge, which can at no time surpass 2 years.
The prosecutor acts alongside the civil rights judges (Jueces de garantía) whose job is to ensure that the rights of the accused are protected in the proceedings. There is also an Oral Proceeding’s Court, which is in charge of passing final judgment or ruling. Nonetheless the Chilean higher courts are still able to review the rulings of inferior courts.
The Código Procesal Penal de Chile is the Chilean body of law that regulates the prosecution of criminal offences.
The Public Criminal Defence Office (Defensoría Penal Pública) is the institution that provides criminal defence to all persons who require it, Chilean or foreign, and who do not have a private lawyer of their trust.
The commitment of the Public Criminal Defence Office is to protect the rights of individuals, regardless of their economic, social or cultural situation.
The service will be free of charge if the person does not have the means to pay for it. Those who do have income must pay part or all of the fee.
Young people (over the age of 14 and under the age of 18) will not be charged for the service, regardless of their economic situation.
Carabineros de Chile (police) and Policía de Investigaciones de Chile (civil police) are the auxiliary or collaborating bodies of the Public Prosecutor’s Office responsible for criminal investigation tasks, carrying out investigations when so ordered, under the direction and responsibility of the Public Prosecutor’s Office.
The stages of the Chilean prosecution process are:
1. The Public Prosecutor’s Office ‘Fiscalía’ opens the investigation.
The Public Prosecutor’s Office receives the evidence of the complaint and may choose not to initiate the investigation if the facts do not constitute a crime, if the criminal responsibility of the accused is extinguished or if there is insufficient evidence. If it decides to initiate the investigation, it will prosecute the accused at a hearing.
2. Public Criminal Defence Office (Defensoría Penal Pública)
At this first prosecution hearing and throughout the entire process, as the accused, you will have criminal defence legal representation. If you do not have one, the Public Defender’s Office will assign you a public defender, through whom you can request the proceedings you believe necessary. If you are summoned to a formal court hearing, you can go to the Public Defender’s Office and request the advice of a public defender.
3. Filing criminal charges - ‘Formalización’.
At the first hearing, the accused will be informed of the existence of an investigation against him or her, which may not last for more than two years, and precautionary measures may be ordered, such as remand, regular appearance (signature) or prohibition to approach the victim, among others, if the judge deems it necessary.
4. Alternative outcomes
If you - advised by your lawyer - accept, you can reach an agreement and opt for alternative outcomes, which shorten the process and must be approved by the judge: a) Conditional suspension: when you, advised by your lawyer, reach an agreement with the prosecutor. It can be applied if the crime committed is of low or medium gravity (if the sentence does not exceed three years) and if you do not have a criminal record, or b) Reparatory agreement: when you, advised by your defence lawyer, reach an agreement with the victim. This can be applied in cases of property crimes or less serious injuries (domestic violence or negligent offences are not considered).
5. Investigation process
The investigation process is used to establish the evidence of the case. The Public Prosecutor’s Office directs them and coordinates the action of the police and other specialised agencies. The defence lawyer coordinates the necessary steps to ensure an effective defence that will present evidence in the trial in favour of their client. You can guide the defence counsel in gathering background information to ensure your defence.
6. Closure of the investigation
The prosecutor informs the judge in a hearing that the investigation has been formally closed and may choose to a) withdraw the case on the grounds that the necessary background information has not been gathered (power not to prosecute); b) dismiss the case temporarily or definitively; or c) indict.
7. Abbreviated procedure
If the prosecution decides to charge you and you agree to voluntarily submit yourself to be prosecuted for the crimes it indicates, advised by your defence lawyer you may waive your right to a trial ‘juicio oral’ and opt for an abbreviated procedure, which occurs when the prosecution requests a sentence of less than 5 years.
8. Preparatory hearing before for the trial
If the conditions for an abbreviated trial are not met, the trial preparation begins with the prosecution’s indictment. At this hearing your defence lawyer and the prosecutor publicly discuss the evidence to be presented at the trial (for example, expert reports and witnesses), the facts to be proved and the evidence to be excluded. The judge will then determine the facts and evidence on which you will be prosecuted and which will therefore be presented at the trial.
9. Trial or ‘Juicio oral’
The trial takes place in an oral criminal court, which is composed of three judges. The public prosecutor and the defence lawyer present their evidence, and only if you wish, you may also testify. The aim is to prove the existence of the offence and your degree of responsibility for it.
10. Sentence
After the pleadings, the court deliberates and issues a verdict of conviction or acquittal. If your defence lawyer or the prosecutor is not satisfied with the sentence, you may appeal to the ‘Corte de Apelaciones’ (Court of Appeal) or the Supreme Court.
Regarding the duration of the whole process until the sentence is pronounced, we can say that there are deadlines for each stage for which in certain cases the authorities can request an extension. It is therefore not possible to give an estimate of the approximate duration of the process.
The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.
First steps
What should happen after you are arrested
It is important to note that no one can be detained unless a previous order has been issued by a public officer vested with authority to do so and that this order be carried out according to law. The exception to this rule is when a person is caught in the act of committing a crime, but only with the purpose of making the detainee immediately available to the proper authority.
When a UK National is arrested in Chile they are normally taken to a ‘Comisaría’ (Police Station), if Carabineros is handling the arrest. If Policia de Investigaciones (PDI) is handling the arrest they might take detainees to a ‘Cuartel’ and then they are normally transferred to the prison in the jurisdiction of their place of arrest.
Medical checks will be carried out by the prison health department – ‘Area de Asistencia técnica de gendarmerie de Chile’ shortly after their arrival at the facility.
When the arrest is carried out in compliance with a warrant, the law enforcement agents in charge of this procedure or the officer in charge of the detention centre will take the detainee to the judge who issued the detention order. If this was not possible due to incompatibility with the court schedules, the detainee shall remain in custody until the time of the first court hearing. The time of custody can at no time surpass twenty-four hours from the moment of detention.
If the arrest is made when the detainee was committing a crime the law enforcement agent that carried out the detention or the officer in charge of the detention centre will inform the public prosecutor’s office not later than twelve hours from the time of the arrest.
The public prosecutor may in that case annul the arrest or otherwise order that the detainee be taken to the judge within twenty-four hours of the arrest. In case the prosecutor fails to act on the matter the police will deliver the detainee to the court within the aforementioned time period. When the prosecutor orders the detainee to be presented to the court the judge shall promptly order that the situation is made known to the detainee’s lawyer or to a state public defendant.
If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.
How long you can be remanded in custody
The detainee will be remanded in custody for the whole process until they receive their sentence or are acquitted.
When the arrest is carried out in compliance with a warrant, the law enforcement agents in charge of this procedure or the officer in charge of the detention centre will take the detainee to the judge who issued the detention order. If this was not possible due to incompatibility with the court schedules, the detainee shall remain in custody until the time of the first court hearing. The time of custody can at no time surpass twenty-four hours from the moment of detention.
If the arrest is made when the detainee was committing a crime the law enforcement agent that carried out the detention or the officer in charge of the detention centre will inform the public prosecutor’s office not later than twelve hours from the time of the arrest.
The public prosecutor may in that case annul the arrest or otherwise order that the detainee be taken to the judge within twenty-four hours of the arrest. In case the prosecutor fails to act on the matter the police will deliver the detainee to the court within the aforementioned time period. When the prosecutor orders the detainee to be presented to the court the judge shall promptly order that the situation is made known to the detainee’s lawyer or to a state public defendant.
Prisoners on remand and sentenced prisoners: differences
Generally in Chile prisons may have separate modules for remand and sentenced prisoners. There are also different modules for repeat offenders and major crimes. Each prison operates in a different way but there are measures in place to group prisoners according to certain criteria.
After you are charged
When a person is being detained and charged in Chile, they have the following rights:
- to know why they were detained
- to be treated with dignity at all times: they may not be subjected to torture or cruel, inhuman or degrading treatment
- to remain silent
- to request the presence of a defence lawyer and to meet privately with him/her
- inform a family member or anyone else they deem appropriate that they have been detained, the reasons for this deprivation of liberty and the place where they are being held
- detention in police custody may not last for more than 24 hours, which is the maximum time for being brought before a judge
- complain to the judge if their rights were not respected when they were detained
- to have the service of a defence lawyer from the beginning of the investigation and until the end of their sentence, in case they are found guilty
Bail
The court may order the preventive custody of a person that has been charged with a crime and in some instances the court must do so to ensure that the charged individual will attend court for the proceedings and comply with the verdict.
This occurs primarily when the defendant is thought to be a danger to society or the victim or when the defendant’s liberty would impair the investigation. It is also necessary for the court to determine that conditional bail is not sufficient to ensure the defendant’s attendance. Nevertheless, the court may also authorise, as an alternative to custody, the placement of a bail bond in an amount determined by the judge. This security can consist of a deposit by the defendant or another person or eligible securities as provided for in Article 146 of the Procedural Penal Code.
The FCDO cannot transfer bail funds.
Trial and legal assistance
Legal assistance: lawyers and legal aid
If you wish to hire a private lawyer, see a list of English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
The state can provide free legal aid through the public criminal defence office; nonetheless people can hire an attorney of their choice at their own expense. All attorneys admitted to practice in Chile are qualified to represent a client in any court, in any kind of proceedings, civil or penal.
The trials are conducted in Spanish but a translator is provided free of charge when foreigners are involved. However, this is not the case when preparing the defence.
A private lawyer may ask for a cash advance for their estimated legal fees.
Trial
Before a case goes to trial, the prosecutor’s office normally request a certain amount of months to investigate, this is usually granted and they can also request further extensions to investigate further.
There is a preparatory hearing before for the trial itself.
If the conditions for an abbreviated trial are not met, the trial preparation begins with the prosecution’s indictment. At this hearing your defence lawyer and the prosecutor publicly discuss the evidence to be presented at the trial (for example, expert reports and witnesses), the facts to be proved and the evidence to be excluded. The judge will then determine the facts and evidence on which you will be prosecuted and which will therefore be presented at the trial.
The trial will take place in an oral criminal court, which is composed of three judges. The public prosecutor and the defence lawyer present their evidence, and only if you wish, you may also testify. The aim is to prove the existence of the offence and your degree of responsibility for it.
Sentences
After the pleadings, the court deliberates and issues a verdict of conviction or acquittal. If your defence lawyer, or the prosecutor, are not satisfied with the sentence, you may appeal to the ‘Corte de Apelaciones’ (Court of Appeal) or the Supreme Court.
No one may be found guilty of a crime unless the court in charge of carrying out the trial found that the evidence shows beyond a reasonable doubt the participation in an illicit act. There must be a conviction by the court, concerning the participation of the defendant that enables it to have no doubt of the ruling to be carried out. Furthermore a defendant who later attempts to remedy the damage caused or prevent the consequences of their actions will benefit, as these actions will be considered mitigating factors.
The court will form its conviction on the bases of the evidence presented during the trial itself. It is not possible to convict the defendant based on the merit of their own statement.
The final judgment shall contain:
- the date of the decision and the identification of the court, the defendant and the accusers
- a brief description of the facts and circumstances that form the basis of the accusation, the damages to be indemnified as requested in the civil claim, as well as the defences presented by the defendant
- a clear account of each and every fact proved in court, this includes not only those favourable to the defendant but also those unfavourable and the weighing of the evidence in accordance with Article 297
- the legal or doctrinal justifications utilised in qualifying the facts and the final decision
- the adverse or absolving decision with respect to each of the defendants for every act they were accused of; the determination of the civil liability that derives from the crimes committed, if any, and in such case, the amount of the compensation to be awarded
- the determination of the costs of the trial
- the signature of the judges
Appeals
Both the defendant and the prosecution are able to appeal to the ‘Corte de Apelaciones’ (Appeals court) after a sentence is issued. After the Appeals court decides, it is also possible to appeal to the Supreme Court.
The current Chilean penal process admits only three types of remedies or challenges to a judicial ruling or decision. These are “reconsideration”, “appeal” and “annulment”. Reconsideration is a petition to the court to reconsider one of its own resolutions but cannot be used against a final verdict. An appeal is only available to challenge a resolution issued by the civil rights judges in the first instance and is seen by the Appeals Court. Finally, annulment is an extraordinary remedy to challenge the validity of the final decision or the entire trial and is used to challenge the verdict of the civil rights judges in the first instance. Exceptionally “revision” is granted and this is a remedy that seeks a review of a decision. This may only be granted by the Supreme Court.
A lawyer should be able to advise if there is a deadline for filing an appeal before the sentence is issued and also what are the ground for appeal. Prosecution also has the right to appeal if they do not get the desirable conviction.
Reaching the end of your sentence
Reduction of sentence (remission)
Law 18,216 provides for the establishment of “alternative measures” instead of prison sentences. These include a form of curfew, release with a requirement to sign-in with a police officer regularly and a more fully supervised release. In these cases the convicted individual is authorised to serve their sentence in a non-traditional manner, thus avoiding prison facilities.
Early release
There is the possibility of parole in the Chilean penal system. Those who are imprisoned for a minor offence can apply after half of their sentence and those imprisoned for a more serious offence after two thirds. This involves complying with numerous conditions and various factors such as good behaviour.
Clemency or pardon
Clemency can only be granted in crimes involving a private penal action, an action brought by individuals and only applicable to minor offences. In Chile there are three kinds of actions. Public penal action, carried out by the public prosecutor’s office.
The private penal action carried out by the victim or by their family members in case of being unable to do it personally. Finally there is a third type of action that starts as a private action and becomes a public one at a later point. In addition crimes perpetrated against minors may always be public actions.
Financial penalties
The victim can present a civil lawsuit against the defendant, seeking either restitution as the basis of the trial or to obtain compensation for all the damage incurred. If there is a penal and a civil action, the civil lawsuit must be presented to the court at least fifteen days prior to the first audience of the penal action. Moreover the victim may present the lawsuit in a different court to where the criminal proceedings are taking place. Thus, if the defendant is acquitted in the criminal proceedings the civil suit may continue.
Transfer to another prison within Chile
It is, although it is not common. This is a result of administrative procedures carried out internally where the determination is taken to transfer a prisoner. When the prisoner requests a transfer based on personal or health reasons they must do so in writing to the internal guard of each facility. The institution will carry out a thorough evaluation in order to assess the transfer and shall inform the prisoner of its decision. When the request is by anyone other than the sentenced convict it must be done directly to the court. A transfer can also happen because of overpopulation. Gendarmeria can transfer prisoners between prisons if a prison is overpopulated.
Transfer to a prison in the UK
There is a Prisoner Transfer Agreement between Chile and the UK, the Strasbourg Convention. The Strasbourg Convention is a multilateral agreement, this means that includes other countries.
The transfer is a procedure in which a foreigner can request to be transferred to their country of origin to serve the sentence there.
The transfer to the country of origin allows serving the sentence close to the family and the people with whom the language, culture, traditions and customs are shared. It allows the future interaction with society to be prepared in better conditions at the end of the sentence.
The requirements that Chile has adopted to process a transfer request are:
- to have the nationality of the countries that maintain a treaty with Chile, or that are part of the Inter-American Convention for the Compliance of Criminal Convictions Abroad, or that are part of the Strasbourg Convention on the Transfer of Convicted Persons
-
to be incarcerated as a convicted person; or serving a sentence, according to the corresponding agreement or treaty:
-
probation regime
-
with a security measure imposed due to a crime
-
supervised probatory regime
-
conditional execution sentence
-
other forms of supervision without detention
-
the conviction must be firm or enforceable, that is, there must be no pending appeal that can modify it
-
at the time of submitting the application, there must be at least six months pending to fully serve the sentence
-
to not have other causes in force in Chile
- to expressly manifest the will to transfer to the country of origin. In case of disability, the legal representative must grant consent
The request must be submitted to the prison in which the sentence is being served. The authorities then will refer the request to the Ministry of Justice and Human Rights of Chile. The request can also be sent directly to:
The Ministry of Justice and Human Rights of Chile,
Moneda 1155,
1st. floor,
Santiago de Chile.
Information, complaints, and suggestions office. Telephone: (56) 2 26743499.
A lawyer is not required for the application and transfer procedure. In addition, the procedure is free. The intervention of a lawyer does not imply a faster processing and does not guarantee the acceptance of the transfer request by Chile and/ or the country of origin.
The transfer results in the suspension of compliance with the sentence in Chile. The sentence continues to be served in the country of origin in accordance with the regulations of that country’s prison system. The transferring State, Chile, will maintain exclusive jurisdiction over the sentence imposed and any other procedure that provides for the review or modification of the sentences handed down by its courts. The transferring State may grant pardon, amnesty or commutation of the sentence imposed in accordance with its legislation.
The Ministry of Justice and Human Rights will:
-
receive the transfer request and verify compliance with the requirements
-
submit the application to the country of origin
-
request the country of origin: a) to prove the nationality of the person requesting the transfer, b) to report whether the acts for which they were convicted in Chile are also criminally punished in that country c) to issue its decision regarding the transfer request
With this information, the Ministry of Justice and Human Rights of Chile can adopt a decision on the transfer request.
In the case of the Strasbourg Convention, the UK must inform Chile of the procedure it would adopt if the transfer is carried out. The UK must inform Chile if the prisoner will: a) continue with the execution of the sentence immediately or b) convert the sentence by substituting the penalty imposed by Chile for one prescribed by the UK for the same crime.
The transfer is not automatically granted. When deciding on an application, each state may consider various elements: criminal history; health condition; age; family ties and relationships in the country of origin; the type of crime and its severity.
To transfer to the UK, you must:
- be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
- not be awaiting trial
- have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
- have at least 6 months of your sentence left to serve when you apply for transfer
- have no outstanding fines or other non-custodial penalties
The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.
The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.
Release and deportation
The British Embassy will try to help you resettle. We understand that even though recovering your freedom of movement fully or partially is something to celebrate, it may also be distressing if you have not made the necessary arrangements for your release/parole. Your lifestyle will change dramatically again, that is why it is important to prepare for release/parole. We strongly advise you to:
- find suitable accommodation before you leave prison
- make contact with your next of kin and advise them you will very likely need their assistance with immediate effect
- arrange funds to be available for you
- practise Spanish, as you will need it during your stay in Chile
- recover your British passport or obtain a new one
If you wish, you can come to the Embassy Consular Section to make urgent calls to your next of kin free of charge. You will also be allowed to use the internet facilities at the Embassy Information Centre free of charge.
At the Embassy you can request the Prisoners Abroad resettlement forms, newspapers, magazines and correspondence. We will provide you with them, if available. There is water for consular customers and a bathroom. There is also an interview room where you will be able to have a private conversation with a Consular Officer, if you wish. We can also provide you with information on how to obtain a permit to work legally in Chile during your parole or probation.
The Embassy will not provide you with accommodation, funds, food or clothes. Likewise, Prisoners Abroad will stop sending you funds as soon as you are out of prison. The vitamins supply as well as the PA medical funds, if any, will also stop with immediate effect.
Please make all the necessary arrangements for your stay in Chile before you leave the prison. That will allow you to enjoy your freedom fully and let us help you.
Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.
If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:
- advice on finding emergency accommodation in the London area
- claiming welfare benefits, including emergency benefit payments if you are destitute
- making appointments with doctors and dentists
- putting you in touch with local agencies if you are not returning to the London area
Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.
Other sources of practical help back in the UK are:
The Salvation Army
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
The Prison Fellowship
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm
Your criminal record in the UK
We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.
Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support 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 when you are in prison. To access any services, you 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 varies from country to country, but generally they can provide you with information, in English, on:
- your rights as a prisoner
- issues that may affect you such as health or transfer to the UK
- getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
- learning the language of your country of imprisonment
- translating documents
- grants for food if you are in a developing country and do not have funds from other sources
- grants for essential medicines and toiletries if you do not have funds from other sources
- preparing for release
- help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
- Freepost envelopes to help you stay in touch with others
Prisoners Abroad
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH
UK
Glossary of terms
Useful legal terms – Spanish into English
A
| access to file |
acceso al expediente |
| appeal |
apelar / apelación |
| arbitrary detention |
detención arbitraria |
| arrest warrant |
orden de arresto/orden de detención |
| Attorney General |
Fiscal de la Nación |
| awaiting trial |
juicio pendiente |
B
| British citizen |
ciudadano británico |
C
| clemency plea |
alegación de indulto |
| clothes and shoes |
vestido y calzado/ropa y zapatos |
| Commonwealth citizen |
Ciudadano de la comunidad Británica |
| convicted |
convicto / sentenciado |
| Court-appointed counsel |
abogado de oficio |
Criminal Law Der echo Penal
D
| death penalty |
pena capital / pena de muerte |
| debts and payments |
deudas y pagos |
| dental treatment |
tratamiento dental |
| discrimination |
discriminación |
| Doctors / Medical Panel |
panel de doctores/panel médico |
| drug smuggling |
tráfico ilícito de drogas |
E
| Embassy staff |
personal de la Embajada |
F
| family visits |
visitas de familiares |
G
| good behaviour |
buen comportamiento |
H
| human rights |
derechos humanos |
| hunger strike |
huelga de hambre |
I
| imprisoned |
en prisión / encarcelado |
| I need to make a call |
Necesito hacer una llamada telefónica |
| I need to see a doctor |
Necesito ver a un doctor |
| instructions |
instrucciones |
J
| jurisdiction |
jurisdicción |
L
| Law enforcement |
ejercicio de la ley |
| lawyer / attorney |
abogado |
| legal advisor |
asesor legal |
| legal system |
sistema legal |
| life imprisonment/sentence |
cadena perpetua |
| living conditions |
condiciones de vida |
M
| medical services |
servicios médicos |
| mental illness |
enfermedad mental |
N
O
P
| parole |
libertad condicional |
| parole for work and study purposes |
semilibertad |
| penitentiary legislation |
legislación penitenciaria |
| penitentiary system |
sistema penitenciario |
| prison |
prisión/establecimiento penitenciario |
| prison director |
director de la prisión |
| prison record |
hoja penalógica |
| Prison Transfer Agreement |
Convenio de Transferencia de Presos |
| psychiatric treatment |
tratamiento psiquiátrico |
Q
R
| reading material |
material de lectura |
| rehabilitation |
rehabilitación |
| release |
liberar / liberación |
| religion and beliefs |
religión y creencias |
| retention of passport |
retención del pasaporte |
S
| sentence |
sentencia/sentenciar |
| sexual assault/rape |
asalto sexual / violación |
T
| toiletries |
utensilios de baño |
| travel document |
documento de viaje |
U
| unfair trial |
juicio injusto |
| unlawful possession |
posesión illegal |
V
| visit hours |
horario de visitas |
W
| written notification |
notificación escrita |
Key phrases – Spanish into English
A
| Abogado |
Lawyer / attorney |
| abogado de oficio |
Court-appointed counsel |
| acceso al expediente |
access to file |
| alegación de indulto |
clemency plea |
| asalto sexual/violación |
sexual assault / rape |
| asesor legal |
legal advisor |
| autoridades chilenas |
Chilean authorities |
B
| buen comportamiento |
good behaviour |
C
| cadena perpetua |
life imprisonment / sentence |
| ciudadano británico |
British citizen |
| ciudadano de la comunidad Británica |
Commonwealth citizen |
| condiciones de vida |
living conditions |
| Convenio de Transferencia de Presos |
Prison Transfer Agreement |
D
| dejar en libertad |
to release |
| Derecho Penal |
Criminal Law |
| derechos humanos |
human rights |
| detención arbitraria |
arbitrary detention |
| deudas y pagos |
debts and payments |
| director de la prisión |
prison director |
| discriminación |
discrimination |
| documento de viaje |
travel document |
E
| ejercicio de la ley |
Law enforcement |
| enfermedad mental |
mental illness |
| en prisión / encarcelado |
imprisoned |
F
| Fiscal de la Nación |
Attorney General |
G
H
| hoja penalógica |
prison record |
| horario de visitas |
visit hours |
| huelga de hambre |
hunger strike |
I
| instrucciones |
instructions |
J
| juicio injusto |
unfair trial |
| juicio pendiente |
awaiting trial |
| jurisdicción |
jurisdiction |
L
| legislación penitenciaria |
penitentiary legislation |
| liberar / liberación |
to release / release |
| libertad condicional |
parole |
M
| material de lectura |
reading material |
N
| necesito hacer una llamada telefónica |
I need to make a phone call |
necesito ver a un doctor I need to see a doctor
| notificación escrita |
written notification |
O
| orden de arresto/orden de detención |
arrest warrant |
P
| Panel de Doctores / Panel Médico |
Doctors / Medical Panel |
| pena capital / pena de muerte |
death penalty |
| personal de la Embajada |
Embassy staff |
| posesión ilegal |
unlawful possession |
| prisión/establecimiento |
penitenciario prison |
Q
R
| rehabilitación |
rehabilitation |
| religión y creencias |
religion and beliefs |
| retención del pasaporte |
retention of passport |
S
| semilibertad |
parole for work and study purposes |
| servicios médicos |
medical services |
| sistema legal |
legal system |
| sistema penitenciario |
penitentiary system |
T
| tráfico ilícito de drogas |
drug smuggling |
| tratamiento dental |
dental treatment |
| tratamiento psiquiátrico |
psychiatric treatment |
U
| utensilios de baño |
toiletries |
V
| vestido y calzado / ropa y zapatos |
clothes and shoes |
| visitas de familiares |
family visits |
Annex
FCDO guidance: Support for British nationals abroad
https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide
FCDO guidance: Arrested abroad: advice for British nationals
https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals
FCDO guidance: Instruction for money transfer through the FCDO
https://www.gov.uk/government/publications/russia-prisoner-pack/annex-1-instruction-for-money-transfer-through-fcdo
List of English-Speaking Lawyers
Find a professional service abroad - Results for Lawyers in Chile (fcdo.gov.uk)
List of Private Translators/Interpreters
Chile: translators and interpreters - GOV.UK (www.gov.uk)
Prisoners Abroad Forms
https://www.prisonersabroad.org.uk/arrest-and-imprisonment
