Guidance

Cyprus north police station arrest pack

Updated 15 April 2024

Information for UK Nationals detained in police custody

Disclaimer

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

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

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

Introduction

Who can help?

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

About the British High Commission

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

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

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

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

Who are the Consular Representatives?

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

Contact Information

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

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

First steps

Who will know I have been detained?

When a UK National is arrested and detained in north Cyprus the British High Commission is not informed by the police or local authorities. However, family/friends may inform us or we may learn of the arrest through local media.

What will my family be told?

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

What will the British High Commission do?

Our staff are there to support the detainee and to care for their wellbeing. As soon as we have been notified of your arrest we will endeavour contact you as soon as possible, however this is dependent on consent from the local authorities permitting Consular access. You can decline Consular assistance at any time.

We will provide a list of English speaking lawyers, and basic details about the legal system in the north of Cyprus.

We will ask if you would like us to inform anyone of your arrest. If a custodial sentence is imposed we can provide details about the prison to your family/friends and inform them about how they can transfer money to you.

Would I have a criminal record in the UK?

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

The north of Cyprus judicial system

The system in north Cyprus is different from the UK. There are two types of offences; major offences and minor offences. Minor offences are dealt with in a local district court and the major offenses are dealt with in the Assizes court in the main towns.

The local district court, where minor cases are heard, is controlled by a single judge. The Assizes court has three judges presiding over each case. The jury system is not employed. The system in Cyprus involves the judges being responsible for carrying out wide ranging enquiries in order to produce a file of evidence on each case. The judge uses this file of evidence as a basis for deciding his verdict. The trial is regarded as the final act in each investigation and the judge is very much in control of proceedings and will ask most of the questions

What should happen when I am arrested?

Arrival at police station

Arrests following an investigation are normally supported by an arrest warrant issued by a judge. If a police officer has reasonable grounds to suspect that a person has committed a serious crime, that person may be arrested without a warrant on the spot.

Upon arrest, you will normally be taken to a police station for questioning. A person taken into custody without a warrant must, within twenty-four hours, be charged with the offence, be released upon certain terms pending the investigation, or be brought before a judge for an extension of their detention whilst additional investigations take place. The latter is the most common procedure.

What kind of legal assistance is available?

You can appoint a lawyer for yourself at any time following your arrest. A list of lawyers is provided by the British High Commission for convenience, but neither the UK Government, nor any official of the British High Commission take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

Normally, if you appoint a lawyer, they will ask for an advance of their fee which may be high, before accepting your case.

Legal Aid is not available in north Cyprus. In exceptional circumstances, when the Assize Court is hearing a serious criminal case (such as murder, serious sexual assault or similar), the Court may order that the fees of the advocate of the accused will be paid by the north Cyprus authorities however this is exceptionally rare. The case must be extremely serious and the accused must be without means to pay his lawyer.

This rule applied to both locals and foreign nationals.

For how long can I be remanded in prison custody?

If the court orders further detention, it must be satisfied that:

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

If remanded, the remand order will be for a maximum of eight days, but if the police so request, a judge may extend the period of the remand if he is satisfied that the police reasonably require more time to complete their investigations. You may be remanded either at a police station or sent to the prison whilst further investigations take place.

The police have up to 90 days to bring charges. During this time you may be released on bail and/or conditions. If you cannot meet the bail conditions you will remanded to the prison. Prisoners on remand are kept in a separate area of the prison to convicted criminals.

The police and local authorities in the north do not notify the British High Commission of any arrests therefore we depend on local media and friends/family to inform us. As soon as we have been notified of your arrest we will contact you as soon as possible, however this is dependent on consent from the local authorities permitting Consular access. This may take some time to be granted.

Visits by friends/family, whilst being held at a Police station, are at the discretion of the local authorities.

What happens when I am charged?

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

Criminal investigations are carried out by the police who, especially in difficult or important cases, cooperate with the Attorney General`s Office.

Prosecutions in courts in criminal cases are conducted by or on behalf of the Attorney General and/or by the legal counsel in his office.

The Attorney General has power to enter, in very special circumstances ‘nolle prosequi’ (to be unwilling to pursue) and again in very special circumstances to remit a case to lower courts i.e. to District Judges and/or Senior District Judges. The Attorney General has the right to dispense with the Preliminary Inquiry in very special circumstances.

The court may appoint an interpreter for the defendant when they are being cross examined and consequently the whole trial proceedings are not translated. You can request that you bring with you your own interpreter.

If you are found guilty, a fine or custodial sentence may be imposed by the court, all custodial sentences are served in Nicosia north Central Prison. If you are unable to pay the fine, you are most likely to be ordered by the judge to remain in prison until the fine is paid or relevant custodial sentence served.

If insufficient funds are available in Cyprus, the British High Commission can help by contacting family/friends to advise them how to transfer funds. The British High Commission cannot pay fines for prisoners from public funds.

What provision is there for bail?

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

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

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

Bail orders are set by the judge and it is essential that you fully understand the bail order and discuss bail agreements with your lawyer prior to them being entered. Even when charged, you may have to wait several months for the case to go to court.

What happens at the trial?

All proceedings take place in Turkish, with a court translator present to translate when you are in the witness box.

When you first appear at court, the charges will be read out and a decision will be made if there is a case to answer, this is an opportunity to raise the issue of legal aid (although not generally available), or of any mistreatment allegations, for example the judge can order your medical examination, or that you are taken to hospital for treatment/assessment. The next stage is for you to enter a plea against the charges, and once this is done a trial date will be set. In Cyprus, even when the trial is underway, you may attend court for several hearings and there may be several false starts, before a conclusion is reached. At the conclusion of the trial, if you are found guilty, a date for sentencing will be set.

Consular staff do not routinely attend trials.

Fines imposed by a Judge in court

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

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

Custodial Sentences

Sentences

All custodial sentences are served in Nicosia north Central Prison.

How can appeals be made?

Appeals can be made within ten days of a court decision. Appeals should be made through your lawyer. Bail may be considered before the judgment of the Criminal Court but not after. When a Criminal Court gives a judgement against an accused, the judgement is executed immediately. If there is an imprisonment order, the convicted person will go to prison. He may apply to the Appeal Court for an early hearing date.

In civil cases, the principle judgement of the Lower Courts is also executed immediately. However, the judgement can be stayed on equitable grounds. The appellant may apply either to the Lower Court or Appeal Court to suspend the judgement pending the appeal. Usually this application is granted if the appellant shows security that the judgement will be upheld after the Appeal Court’s decision.

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

Reductions for good behaviour start after the first six months of a sentence. Prisoners can obtain a maximum of one month reduction within a six month period for good behaviour, a total of two months per year after the initial six months.

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

Parole hearings are heard in the prison, this is an opportunity for your lawyer to put forward your case for parole. Any requests for information concerning parole must be addressed to your lawyer and the prison authorities and not the British High Commission.

What provision is there for clemency or pardon?

According to the north authorities, the Legislative Assembly may decide for an amnesty. The amnesty can be for specific people or a general group but it is a very rarely a used procedure.

What about any financial penalties?

If you are unable to pay a fine, you are most likely to be ordered by the judge to remain in prison until the fine is paid or relevant custodial sentence served. If insufficient funds are available in Cyprus, the British High Commission can help by contacting family/friends advise them how to transfer funds. The British High Commission cannot pay fines for prisoners from public funds.

Useful links

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

If you have a complaint regarding the north Cyprus police, this should be made to the Ministry of Interior who oversee the police.

Address:

Ministry of Interior,
Selcuklu Street,
north Nicosia 99010.

Website in Turkish: http://icisleri.gov.ct.tr/Haberler/ArtMID/11848/ArticleID/125384/TURK%C4%B0SH-REPUBL%C4%B0C-OF-NORTHERN-CYPRUS-M%C4%B0N%C4%B0STRY-OF-INTER%C4%B0OR

If you are not happy with the decision of the Ministry of Interior you can go to the Supreme Court/High Administrative Court, however, this procedure has rarely been used.

Ombudsman

Any decisions made by the Ombudsman are advisory only and the office cannot automatically overturn a decision. The Ombudsman is obliged to investigate the matter and write an opinion about the issue.