Guidance

Information pack for British nationals arrested or detained in Ghana

Updated 31 May 2023

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 Ghana 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.

Contacting us

If you are arrested or detained in another country:

  • 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)
  • 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
  • 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

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.

The British High Commission in Ghana has details below:

British High Commission, Accra
Julius Nyerere Link
P.O. Box 296
Accra, Ghana

Tel: +233 302 213 200 option 2

Email Address: ConsularAccraEnquiries@fcdo.gov.uk

Website: www.gov.uk/world/organisations/british-high-commission-accra

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 Ghana, notification by the authorities to the high commission normally happens within 24 hours.

We can also:

  • provide a list of local English-speaking lawyers
  • 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
  • pay for any costs because you have been arrested
  • forward you packages sent by friends or family
  • prevent authorities from deporting you after release

First steps

Informing family members

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.

Informing the UK police

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 Ghana.

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 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 Ghana

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Ghana for the latest information on safety and security, entry requirements and travel warnings.

If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison, and what they can and cannot take in. Visits to a foreign national can only be made upon the grant of a permit by the Director General of the Prison Service by prisoner’s family or friends. Only one permit can be issued during each 2-week period and the prison authorities may refuse visits by non-relatives. The prison can also refuse visitors if you are being disciplined because of bad behaviour, or if a visit will prejudice your court case.

No visits are allowed on Sundays and public holidays. On weekdays, visitors can visit between 7am and 2pm and on Saturdays, between 8am and 12noon. Prisoners are entitled to a visit every fortnight.

What to expect when you visit

Visitors should arrive around 30 minutes before each visit, and should bring some sort of documentation for identification purposes. They will be searched and phones taken from them. Phones and IDs are held by the prison and returned at the end of each visit. A meeting room will be provided for foreigners who visit prisoners with a prison officer present.

A longer visit can be arranged when a family member has travelled from abroad. A special request has to be made for this, and visitors need to make an application to the Prison Administration.

It is advisable to give family and friends as much information as you can about what to expect when they reach the prison. They are likely to find the sight of you in a prison visiting area with guards all around a distressing experience.

What you can take on your visit

Visitors are permitted to bring clothing, detergents, toiletries and cooked food. Books and magazines are allowed, provided that the contents do not compromise the prison system. Books and magazines are subject to censorship. Raw ingredients are not allowed but snacks and cooked meals are, to supplement the food provided by the prison. Alcoholic drinks and mobile phones are prohibited.

Visits: consular staff

We aim to visit you every quarter while you are under trial, though we may visit more often if it is necessary or in an emergency. If you are convicted, we will visit less often but will make an assessment of your vulnerability before deciding how often this will be.

If you have any health or welfare concerns, please discuss these with your Prison Welfare Officer in the first instance or you can write to us at any time on matters of concern (British High Commission, P.O. Box 296, Osu-Accra) – but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Trips outside of prison are not allowed in any circumstances. In the case of medical emergencies, hospital visits would be arranged by the prison.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

If you are arrested, restricted or detained you should be informed immediately in a language that you understand, of the reasons for your arrest and of your right to a lawyer of your choice. You have a right to insist on having legal representation before answering questions or making a statement. Within 48 hours, you must be sent to the court where you would either be remanded in custody or granted bail by the court or the Police.

Normally you will appear before a magistrate on the next day after your arrest. However, if the following day is the weekend, you will appear before a magistrate on the next working day. They will determine:

  • whether you have been legally detained, and, if they are satisfied on that point
  • whether you should be released on bail, or held on remand, until your next court hearing

You can only be remanded in custody whilst the authorities conduct their investigation. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. But it usually takes several months (possibly over a year) before a case comes to court for full hearing. You can be remanded for as long as the case is pending in court (unless granted bail). While in remand you should be sent to court every other week. You have the right to seek bail at any stage of your remand/detention.

It is rare for foreign nationals to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is offered, it is usual to remove the passport of a foreign national before releasing them from detention, to prevent them leaving the country.

Similar factors are considered in the UK, so we do not regard this as a form of discrimination. You may be asked to submit your passport to the courts as part of your bail conditions. British passports are property of His Majesty’s Government. If you want us to, consular staff in Ghana can formally request the return of your passport; however, this may have implications on your bail status. Consular staff cannot issue you a new travel document if your passport is held as a condition of bail without first asking for that passport to be returned.

Appearing at court

At the first hearing, the prosecution may address the court and explain the case against the accused. The accused may make a statement. If the court is of the opinion that there is a case to answer, it shall commit the accused for trial to a court of competent jurisdiction.

Court proceedings in Ghana can take a long time to be completed, and the judicial service is usually on legal vacation from July to October each year.

More information about the Ghanaian judicial system can be found in Chapter 3.

Initial arrival at the prison

You will arrive at the prison with a conviction order that contains the warrant of conviction. At the entrance, basic details are taken (height, weight etc.). Wardens then check details of warrant and if correct, you are sent to the reception where biometrics are collected and the sentence is calculated (this can take some time). At the reception, your valuables are taken – cash is recorded in a cash registry and other properties recorded in a property registry. Cash is kept in the safe either in the second in command or in the officer in charge’s office. Belongings are kept safe (not likely to go missing) and are returned to you at the end of your sentence. You will then be searched and allocated to a cell.

Consular staff have no access to prisoners’ belongings and cannot make a claim for them.

You have the right to make local and international phone calls upon arrival at the prison and as often as possible, provided you can afford to pay for calls.

You will not be interviewed by a doctor and/or a social worker on arrival. Prisoners are allowed to keep a few personal clothing for social, recreational and religious purposes (e.g. football jerseys, kaftans for Muslims).

Prison: conditions and daily life

Prison conditions in Ghana are considerably poorer than conditions in UK prisons. There may be problems such as overcrowding, lack of adequate meals, clean drinking water and electricity, and poor sanitation.

You must avoid breaking prison rules. Prisoners could be formally charged if found guilty of an offence. A prisoner will be put in solitary confinement if he is deemed harmful to himself or others.

It is advisable to limit the amount of information about yourself, or your case, that you share with other inmates, no matter how friendly they may seem.

Accommodation

Sentenced prisoners and those on remand are held separately. There are no single prison cells; all cells are shared. The number of inmates in a cell is dependent on the size of the cell. Some prisoners might be put into a segregated “protection” area of the prison. This could be because their alleged offence might otherwise put their safety at risk or because they are violent.

Cells have bunk beds with mattresses. Some cells have toilets in the dormitory while others are located outside.

Dormitories have windows which provide natural light into the rooms.

Food and diet

You will be provided with a small amount of food - this is unlikely to provide the type of balanced and nutritious diet available in the British prison system. You will need to supplement the basic food provision yourself by purchasing food in prison or arranging for food supplies to be sent to you by family or friends resident in Ghana.

Inmates are usually fed twice a day by the State and have access to clean tap water or mechanised bore-hole water as their source of drinking water.

Hygiene

There is no restriction on the number of times a week a prisoner can shower, you can shower as often as possible but this is regulated. Toiletries can be bought at the prison site.

Work and study

Unlike in a UK prison, there is no work detail in Ghanaian prisons in which you can volunteer your services. If your sentence includes hard labour, you will be required to engage in farming, weeding, tree cutting, the fetching of water etc. Prisoners could also do some work in carpentry, tailoring, vulcanizing, kente-weaving etc. They will however earn no income from such jobs.

Long distance education programs are available in certain prisons. Prisoners will need to speak with prisoner officials to arrange this.

Contact and languages

Inmates are allowed to move around within certain perimeters and can interact with each other. Prisoners are likely to be put in a cell with other English-speaking inmates. Guards speak English.

Detainees have no access to phones, but can make both local and international calls using phone booths provided by the prison. There is no internet access.

Both formal (basic and secondary education) and informal education takes place in the prisons. Some prisons also have libraries with a wide range of books.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prisoners are permitted to move around. Ghana prisons offer some fitness activities (there are no gym facilities). Some prisons have a football pitch/athletic tracks.

Climate

The climate is hot and humid year-round. Heavy downpours are common in both rainy seasons i.e. from April to July and in October. Warm clothing such as jumpers should be worn during rainy seasons as it gets cold, but not as cold as in the UK.

Religion

Prisoners are entitled to take part in religious services of their choice. Prison officers who also serve as chaplains or Imams are in charge of religious activities. Prisoners receive visits from religious clerics, i.e. leaders from the Christian and Islamic faith. Religious activities mostly take place on the weekends. Detention facilities are staffed by prison officers.

Rules and regulations (including drugs)

Prison rules and regulations are made clear to prisoners on arrival at the prison. There are different forms of punishments for different offences. For minimal punishments, prisoners can either be denied visitors or sent to another cell. For maximum punishments, they can either be sent into isolation or tried by the regional commander. In the case of assault and possession of drugs, prisoners will be charged and sent to court. Conjugal rights are not permitted.

There are rewards for good behaviour. Prisoners may be given a leadership position such as head of a dormitory, for good conduct. Prisoners may also be suggested for amnesty or sentence reduction through the Justice for All Programme.

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
  • 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.

Money cannot be directed through a prison bank account. It can only be sent through Post or third party.

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, Ghana is responsible for ensuring your basic medical needs are met.

There is a hospital facility on the prison grounds. Healthcare is also provided to all prisoners irrespective of their nationality. Onsite hospital referral is available and can be made by an onsite doctor to a specialist in a government hospital facility.

If you need medical or dental treatment, you should make an appointment to see the prison nurse. The nurse can provide routine treatment. For more serious complaints you will be referred to the nearest public hospital. If a specialist is required you will be referred to one. In instances where medical bills cannot be met by the Prison Service, assistance will be sought from either family or religious groups.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the prison service.

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.

Any prisoner who expresses worry about mental health or exhibiting signs of mental health problems are taken seriously and are prioritised to receive necessary medical assistance. They will receive medical attention from a psychiatric nurse and psychologist. Prisoners could also be transferred to psychiatric government hospital for further evaluation.

Prisoners with medical issues concerning their eyes can seek assistance from the medical facility. They will receive immediate care from the eye facility. They can also get glasses, if prescribed by the doctor.

In case of an emergency, prisoners should immediately seek assistance from the health facility on the prison ground where they can be referred to an external government facility. Costs of further specialist treatment will be covered by the government.

Letters and parcels

You cannot receive and send mail directly. All mail has to pass through the Officer in Charge of the prison who can censor it. Prisoners can receive and send one letter during each 2 week period. There are rules about what you can and cannot receive. For example, pornographic materials are not allowed. Ghana is a very conservative society so material which may be considered to be adult may be deemed pornographic. Prison authorities are obliged to deliver letters with minimum delay.

Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence. If you do so, you can keep track of anything that goes missing.

Unfortunately, consular staff cannot accept mail for onward delivery. Any mail received will be returned to the sender.

You may receive parcels and your family may send you the following items:

• underpants (new, in their package, any colour)

• singlets (any colour)

• photographs

• regional or overseas newspapers

• wireless radio (battery powered – prisoners can send batteries or purchase some on site)

• books or magazines (these will be censored to meet standards of the Prison Service)

If you are not sure what other items are allowed, check with your Welfare Officer before asking for it to be sent. If not, you may find that you are not allowed to receive some or all of the contents of the parcel containing a prohibited item. Items brought in will be subject to scrutiny.

Telephone calls

If you wish to speak to your lawyer or family you will need to go through the Prison Welfare Officer. This is usually done by booking a time to make the call. There are phone booths on site and calls are monitored. There are no restrictions to the number of calls a prisoner can make provided that the prisoner can afford the recharge cards. Prisoners are permitted to make both domestic and international calls - costs are borne by the prisoner.

Numbers are automatically registered. Prisoners are also made aware that calls are monitored and recorded for security reasons.

Prisoners caught with mobile phones will have their mobile phones confiscated.

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.

If you feel you have a justified complaint about prison conditions, raise it with the Welfare Officer or another superior prison official or the Senior Chief Officer (Administration) in the first instance. If this does not resolve the matter, contact consular staff and we will take action as appropriate.

Chapter 3: The Ghanaian judicial system

Overview

The Ghanaian judicial system and the UK judicial system have some similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, interpreter, fair trial and appeal. However there are fundamental differences. For example, the Ghanaian judicial system is extremely backlogged, understaffed and a lack of resources means it is extremely hard to achieve anything quickly. The Ghanaian judicial system is very bureaucratic. Lawyers may charge large sums of money, make grand promises and deliver very little. Prisoners can remain in prison without having been sentenced for considerable periods.

Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign any documents, ask to speak to your lawyer.

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

If you are arrested, restricted or detained you should be informed immediately; in a language that you understand, of the reasons for your arrest and of your right to a lawyer of your choice. You have the right to make a phone call to speak to a family member/a lawyer under supervision. You can call an overseas number. Within 48 hours you must be sent to the court.

You will either be remanded in custody or granted bail by the court or the Police. The Police can grant you a Police Enquiry Bail, i.e. in circumstances, where it is not possible for a person arrested without a warrant to be brought before a court within 48 hours, the police may require them to enter into a bond.

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

You can only be remanded in custody whilst the authorities conduct their investigation. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. But it usually takes several months (possibly over a year) before a case comes to court for full hearing. You can be remanded in custody for as long as the case is pending in court (unless granted bail). While in remand you should be sent to court every other week. You have the right to seek bail at any stage of your remand/detention.

Prisoners on remand and sentenced prisoners: differences

Remand prisoners are kept separately from convict prisoners because they are innocent until a court finds them guilty. Remand prisoners are also entitled to basic needs (food, clothes, healthcare, beddings, etc.). They are allowed to communicate with their families and lawyers as and when necessary.

After you are charged

You must be brought before a court of competent jurisdiction. The preliminary court appearance shall be at the district or magistrate’s court. If the accused lacks legal representation, the matter will be adjourned for the accused to obtain legal representation (not free). The court may ask a lawyer to step in and represent the client if available.

Ghana is an English-speaking country and there should be no need for translators.

If detainees who are charged believe the charges are incorrect, they would be expected to follow court procedures to clear those charges. No extra time is given.

A prisoner is expected to enter a plea (not guilty until proven innocent or guilty).

Bail

Bail may be considered at the first hearing and at subsequent hearings including committal proceedings. Every offence or case has the possibility of bail. Bail is at the discretion of the judge.

Normally you will appear before a magistrate on the next working day after your arrest. They will determine a) whether you have been legally detained, and, if they are satisfied on that point; b) whether you should be released on bail, or held on remand, until your next court hearing.

It is rare for foreign nationals to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is offered, it is usual to remove the passport of a foreign national before releasing them from detention, to prevent them leaving the country.

In assessing whether to permit bail, the judicial authorities are entitled to consider a person’s links to the country and how likely it is that they will flee. This means that foreign nationals are less likely to receive bail. Similar factors are considered in the UK, so we do not regard this as a form of discrimination. You may be asked to submit your passport to the courts as part of your bail conditions. British passports are property of His Majesty’s Government. If you want us to, we can formally request the return of your passport; however this may have implications on your bail status. We cannot issue you a new travel document if your passport is held as a condition of bail without first asking for that passport to be returned.

Foreigners have received bail in Ghana by having surety from a Ghanaian national.

Male prisoners refused bail in Accra are usually held on remand at Nsawam prison, north of Accra (approximately 60 minutes by car). Remand prisoners from elsewhere in Ghana can also be transferred to this prison to await trial.

If the charges against you are dropped because of insufficient evidence, you will be released and deported. The cost of which is borne by the State

In the (unlikely) event that you are allowed to leave Ghana on condition that you return for your court case, please note that failure to comply could lead to you being placed on an immigration blacklist and/or being extradited from the UK to stand trial.

If you are given bail, you will need to find sufficient funds to support yourself. Depending on your visa status, the local authorities may not be able to provide support. We cannot provide funding or find you a job.

The FCDO can assist prisoners with contacting friends and family who may be willing to help.

The FCDO cannot transfer bail funds.

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 legal aid, court proceedings and can advise on appointing a lawyer.

You will likely wish to engage a lawyer; they may ask for an advance of estimated legal fees before they will take on a case.

Consular staff cannot give legal advice, pay your legal expenses or guarantee to a lawyer that you will pay them.

Trial

The accused person must be brought to court on every adjourned date. Adjournments must not take more than 2 weeks. Prosecution must prove its case beyond reasonable doubt.

The sequence for any trial is:

  • prosecution opening speech
  • prosecution witnesses giving evidence
  • cross-examination of witnesses
  • re-examination of witnesses
  • defence submission of No Case to Answer
  • defence case - witnesses giving evidence
  • cross-examination of defence witnesses
  • re-examination of defence witnesses
  • defence closing speech
  • decision by court
  • sentence

Victims are not usually given a chance to participate in any stage of the proceedings apart from giving their statements under oath.

Sentences

• misdemeanours (1-3 years)

• second degree felony (not exceeding 10 years)

• first degree felony (maximum of a life term or less)

Some of the punishments in the Criminal Code include; imprisonment, detention, fine, payment of compensation, liability of police supervision and the death penalty.

Crimes that may be punishable by the death penalty (capital punishment) include murder, piracy and treason.

Appeals

Appeals are made by the appellant where it’s a criminal case.

Where a case is prosecuted by the State and loses, the State appeals.

Any aggrieved party can appeal. Appeal from the District Court may go to the Circuit Court; from Circuit Court to the High Court; from there to the Court of Appeal and finally to the Supreme Court (unless in a civil case where appeals from the Circuit Court goes to the Appeals Court and finally ends up in the Supreme Court).

You are entitled to appeal both conviction and sentence together or individually following sentence in a lower court.

The deadline for submitting an appeal is 30 days although an application for extension of time to lodge the appeal can be made.

Depending on where you were convicted, if in the lower courts, you can appeal to the High Court and finally the Court of Appeal. If on indictment at the High Court then to the Court of Appeal and finally to the Supreme Court.

If you are acquitted, the Prosecution will have a right to appeal to a higher court.

If either party to the case appeals you must be advised that your sentence can stay the same, be reduced, or you can be given a harsher sentence.

Reaching the end of your sentence

Reduction of sentence (remission)

You are entitled to a one-third remission of your sentence. You may serve two thirds of total prison time. These include cases of manslaughter, rape, robbery, and intentional and unlawful harm to a person.

Early release

Reduction of a sentence or early release is at the discretion of the judge taking into consideration certain factors before sentencing. Mitigation will be heard by the court although it is very rare to have a pre-sentence report prepared. There is no provision yet for early release on parole. A bill is currently in parliament which has not yet been approved.

Clemency or pardon

Pardon and clemency are prerogatives of the President of Ghana. A proposed list is prepared by the Ghana Prisons Service and presented to the President who may grant some prisoners pardon on Ghana’s Independence Day (6 March) each year.

Financial penalties

Depending on the offence, fines are part of the sentencing system; especially in civil cases.

Transfer to another prison within Ghana

The prison authorities can impose transfers between prisons in Ghana for disciplinary or overcrowding reasons. This is the policy of Ghanaian Prisons Service, and the British High Commission cannot intervene on your behalf.

Transfer to a prison in the UK

A Prisoner Transfer Agreement was signed between the UK and Ghana on 17 July 2008. Once you have been sentenced, and if there are no appeals outstanding, you can apply to be transferred to the UK to serve the remainder of your sentence in a UK prison. The application process can take up to a year, on average.

If you wish to be considered, you will need to complete an application form from the Ghanaian Attorney-General’s Department and submit it directly to them.

All parties must agree to a transfer – i.e. you, the Ghanaian Government and the UK Government. Both Ghana and the UK reserve the right of refusal, and are not obliged to give reasons for refusal.

If your transfer is approved, the maximum sentence you would serve in the UK is the amount of your original sentence which remains after deducting any remission earned in Ghana up until the date of your transfer. You may also be eligible for parole in the UK.

Prosecution for other offences

If you are transferred, the UK authorities are entitled to prosecute, sentence or detain you for any offence other than that for which your current sentence was imposed.

Pardon, Amnesty and Commutation

Your transfer would not prevent you from benefiting from any pardon, amnesty or commutation of sentence, which might be granted by either Ghana or the UK.

Review of original judgement

If, after your transfer, new information comes to light which you consider grounds for a review of the original judgement passed in Ghana, it is for Ghana alone to decide on any application for review.

Termination of enforcement

If, for any reason, the sentence that was imposed in Ghana ceases to be enforceable in Ghana, the UK authorities would release you from the sentence being served as soon as they were informed of this.

Similarly, if the sentence being served in the UK ceased to be enforceable in the UK, you would not have to serve the original sentence imposed in Ghana if you should ever return there.

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.

To find out more about transfers to the UK: In prison abroad: transfer to a UK prison

Release and deportation

Any British citizen serving a prison term may be liable for deportation to the UK at the end of that term.

Even those with Ghanaian resident status may find their visa revoked. In this event, you need to speak immediately to a lawyer. Dual British/Ghana nationals are not however liable to deportation.

If you are to be deported, at the end of your prison sentence you will be released into the custody of the Ghana Immigration Service, who will hold you in immigration detention whilst they arrange your deportation. This may only take a matter of days, especially if your passport is still valid.

However, if your passport has expired, or has less than 6 months validity remaining, you might need to obtain a new passport before you can be deported. This could take several days, depending on what documentation you have. To avoid deportation delays, we recommend that you check your passport status well in advance of your release and deportation.

If you are deported, you may be excluded from returning to Ghana for a given period. Depending on the severity of the offence you were imprisoned for this might be a permanent exclusion. Long-term residents may be able to stay in the country at the end of their sentence provided they can meet immigration requirements.

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.

Chapter 4: Additional information

Additional Information

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

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-Speaking Lawyers

Prisoners Abroad Forms