Dominica: prisoner pack

Question 1

Information Pack for British Prisoners in Dominica

Accepted Answer

Author British High Commission Bridgetown

Date 2nd September 2020

Who we can help?

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

About the High Commission

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

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

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

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

Who are the Consular Representatives?

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

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

Question 3

First Steps

Accepted Answer

Who will know I have been detained?

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

What will my family be told?

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

What will the High Commission do?

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

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

Would I have a criminal record in the UK?

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

Question 4

Visits

Accepted Answer

How do my family and friends arrange a visit?

Visitors from the UK are advised to contact us well in advance so that we can contact the Superintendent of Prisons to arrange a convenient visiting programme.

In order to receive visitors you should provide the prison with the name of the person visiting and the dates/duration of their stay in Dominica

How many visits am I allowed?

The current regulation for visitors is one visit per month, but the Prison Superintendent has advised that they will permit one visit per week in special circumstances. Information on visiting procedures will be issued to your family members if they decide to come to Dominica.

Consular visits

After the initial visit upon notification of arrest, we will visit you at six month intervals.

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

What can visitors bring?

Visitors are only allowed to bring undergarments for detainees; all other items can be purchased from the prison ‘canteen’

See sections on mail and funds if required.

Question 5

Prison conditions/services

Accepted Answer

Arrival at prison

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

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

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

General prison conditions

The prison was built in 1952 designed to hold 75 inmates and currently has a population in excess of 200. Overcrowding has been managed by the recent construction of additional cell blocks.

Cell conditions: Remand inmates are housed in single cells usually with three inmates per cell. Once sentenced, inmates occupy one of six dormitory style cells with 30-40 prisoners per dorm. Prisoners are responsible for cleaning their own areas, so cleaning standards may vary.

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

Social Assistance: The prison has access to a social worker who can offer advice and help you to understand the prison system. You may also ask for a pastoral visit from a religious representative.

How can I receive money?

The British High Commission does not financially support British Nationals imprisoned abroad. There are two ways in which you can receive financial assistance whilst in prison:

• Private funds deposited to you by family or friends

• Prisoners Abroad is a British charity who can send a quarterly grant when funds are not available through family.

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

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

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

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

Electronic Bank transfers

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

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

By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to:

Accounts Receivable Foreign, Commonwealth & Development Office Corporate Service Centre PO Box 6108 Milton Keynes MK10 1PX We recommend that you use Special Delivery.

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

We are unable to receive payment by credit or debit card, or by cash.

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

Can I work or study in prison?

While remand inmates are not entitled to work, they are entitled to exercise for one hour per day but, remain in their cells for the rest of the time.

Those serving sentences are able to work and take part in training programmes, but due the limited types of spots available, demand regularly exceeds supply. Opportunities may be available on the prison farm, in the kitchen and on construction projects. Applications to work or train should be submitted to the Superintendent. Time worked entitles inmates to be considered for extra remission, but this is not guaranteed. Inmates can receive remuneration for work undertaken and this money earned can be saved.

Can I receive medical and dental treatment?

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison. Routine treatment is funded by the prison however this does not apply to specialist or non-essential treatment.

The process for this will be explained by the prison officials and is usually straightforward. Any challenges with this can be reported to the Superintendent and/or to your consular representative.

For information about how Prisoners Abroad can help with medical requirements please see PA section.

Food and Diet

The prison authorities assure us that the food they provide is a balanced diet giving the necessary daily nutritional requirements (e.g. meat, rice, bananas, bread, beans, and peas). A special diet can only be approved where the prison doctor gives authority on medical grounds. Vegetarians may not fall into this category nor will special diets related to religious beliefs. Your diet can be supplemented by purchasing items from the prison ‘canteen’ when available.

During the remand period, inmates are also allowed to receive food from the outside. The can be arranged via the lawyer and is subject to the approval of the prison superintendent. This privilege is discontinued at the end of the remand period.

Mail/Parcels

You are entitled to receive one letter/parcel per month. The prison authorities are obliged to deliver letters with the minimum delay, however all mail is subject to censorship procedures and will be read and checked prior to reaching you.

All mail/parcels should be sent directly to the prison at the following address, and should show the name and details of the sender:-

Prison

F.A.O (Inmate) C/O Superintendent of Prison The State Prison Stock Farm Roseau Dominica

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

Can I make telephone calls?

You can make an international telephone call with the purchase of a telephone card from inmate services.

If you have a matter of a ‘serious nature’ which you need to discuss with consular staff on the telephone you may ask the authorities to pass a message to the British High Commission or British Honorary Consul on your behalf. We will then make a telephone appointment to speak with you. We will only do this if we consider the issue to require urgent attention.

Leisure and entertainment

Usually there is access to a wide range of books via the prison’s library service. There is a recreational hall with a television which mainly shows the sport channels and there are also outdoor facilities for basketball and cricket.

Drugs

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

How can I make a complaint about mistreatment?

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you; to check on your welfare; discuss the allegations; and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

Question 6

The Dominica Judicial System

Accepted Answer

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

What should happen when I am arrested?

You will usually be taken to the police station where you will be charged for the offence. At the moment of your arrest, you should be made aware of your rights. You should inform the authorities if you wish the British High Commission to be informed of your arrest. They will usually do this as a matter of course.

An arrested person will normally be brought before a magistrate’s court the day after the arrest. If the offence is a minor one, the magistrate may seek to deal with the matter immediately, particularly if the accused pleads guilty to the charge. If a not-guilty plea is lodged or the offence is of a serious nature then the magistrate may postpone the case to a later date or possibly refer the case to the High Court. At this stage it is usual to appoint a lawyer to represent you. (See note below.)

For how long can I be remanded in custody?

The length of time on remand can vary significantly. If you believe that the time spent on remand is excessive, this should be raised with your lawyer. If your lawyer feels that this time is outside of the scope of the local law and/or they felt due process had not been followed, we along with our legal advisers would then be able to consider whether this presents us with sufficient grounds to intervene under international law.

What happens when I am charged?

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

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

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

What provision is there for bail?

The judicial system in Dominica has a provision for bail. The decision to grant bail rests with the magistrate. The defendant’s lawyer is responsible for submitting this application to the court.

What kind of legal assistance is available?

Appointing a Lawyer

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

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

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

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

What happens at the trial?

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

Sentences

Sentences for an offence can vary greatly and will depend on the seriousness of the offence. Your lawyer will be best placed to advise you on the length and appropriateness of the sentence.

How can appeals be made?

There is usually the right to appeal against your sentence through your lawyer. Your lawyer is best placed to advise you on the appeal process.

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

At the time of sentencing, the magistrate or judge has the option to decide if time which has already been served on remand will be taken into consideration; this is not an automatic right. Once convicted, prison authorities will advise prisoners of the terms of their sentence, included the expected date of release. It is normal practice for prisoners to serve at least two-thirds of their sentence.

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

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

What provision is there for clemency or pardon?

Your lawyer is best placed to consider the nature of your offence and advise you on the possibility of clemency or pardon.

What about any financial penalties?

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

Is transfer to another prison within Dominica possible?

There is only one prison in Dominica.

Is transfer to the UK a possibility?

There is currently no Prisoner Transfer Agreement (PTA) between the UK and Dominica.

What are the procedures for release and deportation?

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

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

Question 7

Prisoners Abroad

Accepted Answer

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK

• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter

• writing to a pen pal

• learning the language of your country of imprisonment

• translation of documents

• grants for food if you are in a developing country and don’t have funds from other sources

• grants for essential medicines and toiletries if you don’t have funds from other sources

• preparing for release

• help for your loved ones, including information, family support groups and assistance with the cost of visiting

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

Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time) Email: info@prisonersabroad.org.uk Website: www.prisonersabroad.org.uk

Question 8

Annexes

Accepted Answer

Annex 1: List of English-Speaking Lawyers

Annex 2: FCDO leaflet: In prison abroad

Annex 3: FCDO leaflet: Transfers home for prisoners abroad

Annex 4: Prisoners Abroad authorisation form

Annex 5: Prisoners Abroad family contact form

Annex 6: Prisoners Abroad CFF form

Annex 7: Fair Trials International

Annex 8: Reprieve information

Question 9

Disclaimer

Accepted Answer

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

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

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

Thank you.

Date of Last update: 26th September 2019

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