Guidance

Information for British nationals detained or imprisoned in Italy

Updated 12 January 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. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Italy 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.

Contact details for each mission in Italy:

British Embassy in Rome

telephone +39 06 4220 0001

British Consulate General in Milan

telephone +39 02 723001

Our working hours are from 9am to 5pm Monday to Friday (CET).

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 Italy, authorities normally notify the consulate within 24 hours.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also Legal assistance: lawyers and 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 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 Italy.

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 Italy

Visits: friends and family

Who can visit and how to arrange visits

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

If you are awaiting trial, you must obtain permission from the Preliminary Investigations Judge (GIP- Giudice Indagini Preliminari) to receive visits or to make telephone calls to your relatives.

If you have been sentenced, you must submit a request to the prison director in order to receive visits.

You must submit any request through the prison Registry. Your lawyer can give you further information.

Usually, only family members are allowed to visit although exceptions can be made at the director’s discretion. Civil partners might be asked to produce a legal declaration, together with supporting evidence such as telephone bills or joint bank accounts. Your lawyer would normally arrange permits for visits, but your family can contact the Embassy or Consulate for advice before travelling.

Family members and third parties are defined as:

• spouse

• cohabitant regardless of sex

• relatives within the fourth degree of kinship

• persons who have reasonable grounds to meet the detainee

You are normally allowed up to 6 visits per month, although if you are convicted of a serious offence you may only be granted a maximum of 4 visits per month. You may be granted additional visits if are seriously ill or want a visit from a child relative under 10 years of age.

A maximum of 3 people can be present at each visit, although an exception may be possible when relatives or cohabitants are involved.

Visits normally last one hour although if relatives have arrived from abroad a request can be made for an extended visit of 2 to 3 hours, but this decision rests with the prison director. Visiting days and times vary from prison to prison.

What to expect when you visit

Visitors will have their identification checked upon arrival and will need to deposit their personal effects. They will walk through a metal detector.

Spouse and family members who are not EU citizens must present:

1. A valid form of ID

2. Document issued by the Italian Consulate in the country of origin OR document (translated into Italian) showing the family relationship

Visits normally take place in dedicated halls under visual monitoring by the prison officers. Vending machines for snacks and drinks are available in most prisons in Italy.

Visiting days and times vary from prison to prison. Visits generally take place as planned.

What you can take on your visit

You can bring packages containing food, clothing and various items. The total weight should not exceed a monthly allowance of 20 kilos.

A form known as 176 is available from the prison Registry (Ufficio Matricola) listing the items you may receive. The list may vary from prison to prison, check with the Ufficio Matricola or the Embassy/Consulate for further information.

Some goods are considered dangerous and cannot be taken or sent to prisoners.  These include: liquids (including toiletries), beverages, tobacco and food in glass, metal or aluminium packaging. Military style clothes and hooded garments are not permitted. Some items such as medicine and belts (without buckles) need to be pre-authorised.

The prison inspects Packages before delivering them to prisoners and banned items will be removed.

Visits: consular staff

If you consent to consular assistance, we will aim to contact you as soon as possible after being told about your arrest or detention so that we can assess how we can help you. We will then aim to provide assistance according to your individual circumstances and local conditions. Following notification of your arrest, we will submit a request to visit you; however, it could be 5 to 7 days before we receive permission. We may also be able to carry out consular visits via video-calls. We can arrange these directly with the prison authorities as soon as we are notified of your arrest.

You can write to us at any time if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

British Embassy Rome

Consular Section

Via XX Settembre 80/a

00187 Roma

British Consulate-General

Consular Section

Via San Paolo 7

20121 Milano

Emergency trips outside of prison

If a relative is terminally ill, you may be allowed an emergency visit outside the prison by the authorities or supervising judge.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

There are 3 main police forces in Italy who have the authority to detain you:

• the national police (Polizia)
• the national gendarmerie (Carabinieri)
• a militarised police force responsible for dealing with financial crimes and smuggling (Guardia di Finanza)

Upon arrest, you are entitled to be informed in English about why you have been detained. You will be given an interpreter, if necessary.

Arresting officers will give you a verbal and written notice of the charges for which you are being held in detention, no later than 24 hours after you have been arrested. You have the right to appoint a lawyer to defend you.  You can choose not to speak until your lawyer arrives. If you do not appoint a lawyer, the State will appoint you one. You must pay for your lawyer’s services. If you cannot, you may have a right to apply for legal aid, but this may not cover initial services provided by the lawyer.

You will probably be held in police cells before your arrest is validated by a judge. You have a right to:

• be well treated

• a clean room with a bed, depending on how long you are held
• food and water
• personal hygiene
• go to the toilet when you need to

• see a doctor if need one, and you shouldn’t have to pay for this

• a list of which belongings have been taken from you- inform someone of your arrest, for example a family member, via the authorities. Phone calls are not usually permitted
• inform your Consulate or Embassy that you have been arrested.

Appearing at court

You will go to a hearing before a judge within 96 hours of your arrest. They will decide whether your arrest was carried out lawfully but will not inform you about what will happen later. You may be questioned by the Public Prosecutor, the Judge, or both. Your lawyer must be present. You do not have to answer all questions. You must confirm your personal details, such as your name and date and place of birth.

Read more information about the Italian judicial system.

Initial arrival at the prison

Prison officers working in the prison Registry (Ufficio Matricola) manage arrivals at prison. The Ufficio Matricola is the prison office that retains all records relating to the prisoner. This office also manages all day-to-day regulations affecting life in prison, such as nominating a lawyer, and forwarding legal documents between you and the Courts.

You have the right to inform your family when you are first arrested, or if you are transferred to another facility, once the process and paperwork is complete. You have the right to choose one or two legal advisers.  You can receive visits from your lawyer at any time, but you’ll need to submit a request to the Ufficio Matricola first. The prison will schedule the time and date of the visit and inform your lawyer. You may be stopped from seeing your lawyer if the court imposed a restriction at the moment of arrest – the restriction can only last for a maximum of 5 days.

You will be fully searched and prison staff will take your fingerprints. You must hand in your valuables and property, such as money, watches, belts, mobile phone. You’ll be given written confirmation (verbale) listing the items deposited.

You will also undergo a medical and psychological examination, during which you can mention any personal healthcare problems, addictions or allergies.  Tell the doctor if you need medication.

You’ll be given a copy of The Charter of Prisoners’ and Internees’ Rights and Duties upon arrival in prison or during their first interview with the prison director or with prison staff. The charter explains how prisoners can exercise their rights and have better knowledge of all rules and regulations relevant to daily life in prison. Handouts are also at disposal in visit halls in each prison facility.

Together with the Charter, you are also given extracts from the Penitentiary Act and enforcement of liberty deprivation and restriction measures and all prisoners will be told where they can find the full texts of the above-mentioned document.

Prison: conditions and daily life

Over-crowding can be a problem in prisons in Italy. The number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. There are usually 3 to 6 prisoners in a cell. Women’s prisons are separate to men’s.

If you experience serious harassment, threats or violence you should report this to the Embassy/Consulate as soon as possible. It is our responsibility to raise allegations of mistreatment against a British national. However, we will only raise concerns with the prison administration if you request that we do so.

Accommodation

As in the UK, overcrowding can be a problem within Italian prisons. You don’t have the right to request who you share a cell with. Usually there are 3 to 6 prisoners in a cell. Most cells have either single beds or metal bunk beds, with a mattress and single sheets. Some cells may have a washbasin or a shower. All cells have a toilet and a window.

Food and diet

You will be given three meals per day (breakfast, lunch and dinner). You should inform the prison authorities if you have special dietary requirements due to health or religion. If you wish to supplement your diet, you will need funds to purchase additional food from the prison shop. Please ask the Ufficio Matricola to provide a list of available products. You should have access to clean drinking water and to use personal gas cookers in line with safety regulations. You can receive food supplies in parcels from outside, within regulations and established limits of weight. A delegation of prisoners shall inspect meal preparation and prices of items sold at the prison shop.

Hygiene

Overcrowding is the cause of and contributing factor in many of the health issues in prisons in Italy, most notably infectious diseases and mental health issues. The general hygienic conditions inside prisons in Italy can be poor. Showers are mainly in communal areas. Toiletries can be bought from the prison shop.

You can be sent personal underwear, clothing and bedding; you’ll need to take care of them, keep your cell in good order and keep yourself clean. All prisoners can have showers and shall be provided with periodical hair and beard cuts.

Work and study

You can request to participate in work activities, both in prison or outside. Whether you can work outside prison depends on the type of sentence being served and availability. The supervisory judge approves the work plan set out by the prison director and lists the obligations and rules that need to be followed. However, it is difficult for the prison to supply work to all prisoners because there are often not enough jobs to go around. This means that you may have to wait some time before finding a suitable job. Please note that the prison authorities are not obliged to offer you a job and that sentenced prisoners will normally have preference over prisoners on remand. Prisoners will be financially compensated for their work and their wage credited to their prison account.

Not all prisons offer internal training courses, workshops or rehabilitation programmes.

Primary and secondary Italian school courses are available in all prisons. Some rewards are granted to prisoners who have shown commitment and merit in education and vocational training. You can take courses as a private student to get a high school diploma or university degree. Prison facilities usually include a library, which is run in collaboration with some prisoners. Each prison wing is assigned a day and time to access the library.

Contact and languages

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries). Please see below for further information about Prisoners Abroad.

Learning Italian will help you to understand what is going on, to communicate your needs and to ease the boredom and mental isolation of prison life.

You may be able to get funding for educational courses through Prisoners Abroad. If you are interested, you should write to them for further information. Courses and workshops in Italian prisons are rare and available only in certain prisons. You are responsible for organising your activities during the day. We try to bring or send you English books, magazines or newspapers when we can. Please note that to be able to do so we rely on donations.

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

Exercise

You’ll have access to cultural, sports and leisure activities To participate in courses and in other prison programmes, you need to submit an application to the prison social worker or to the Ufficio Matricola. During outdoor exercise time, prisoners are allowed to do some physical training. Some prisons have their own gym. Every prisoner has the right to spend at least two hours outdoors each day or, under specific prison regimes, a shorter period but not less than an hour.

Climate

Temperatures can vary in Italy, depending what part of the country you are in. Summers are generally hot and humid, and cells do not have air conditioning. Winters are wet and cold especially in the North of Italy.

Religion

Prisons in Italy recognise and respect the right of prisoners to register and practise their faith whilst in custody. Religious leaders can visit prisoners upon request.

Rules and regulations (including drugs)

All prisoners must observe rules and regulations governing life in prison and any specific provisions given by the penitentiary police staff. You will be punished if you break the rules, for example by:

• carelessness in tidying up and cleaning

• not completing your work obligations
• possessing or smuggling in unauthorised items, money or tools that could be used for harming
• false communication with the outside or in prison
• bullying or general violence

• returning late to prison if given leave

• any other events considered as offences by the law.

Depending on the seriousness of the violation, punishments may include a warning, reprimand, exclusion from leisure and sport activities (up to a maximum of ten days), isolation during outdoor exercise (up to a maximum of ten days) and exclusion from all association activities (up to a maximum of fifteen days).

Drugs are prohibited in all prisons in Italy. Severe sanctions will be faced by those caught consuming or in possession. All prisoners are obliged to undergo searches whenever it is necessary for security reasons. Smoking cigarettes is allowed in prison, inside your cell, in designated areas and outdoors. Smoking is banned in communal indoor areas.

Good behaviour (buona condotta) can be rewarded with early release, that is, a reduction of 45 days of imprisonment for each six months of sentence served. Early release is granted only to those who have regularly behaved well and have shown participation in observation and treatment activities.

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.

Alternatively, it is possible to send money to a prisoner in the following ways:

1. If your relatives live in Italy, they can send a postal order (bollettino postale) addressed to the direction of the institution, indicating the prisoner’s full name in the reason for payment (causale).  The prison direction will then pay the sum into the prisoner’s personal account. In every prison, there is a Current Accounts Office.

2. Over the counter delivery during visits: amounts permitted vary from prison to prison according to internal regulations.

3. Sending a bank transfer to the bank account of the Direction indicating the IBAN and SWIFT code. In the reason for payment (causale), the family member must write the prisoner’s full name. This option is not available in all prisons.

The British Embassy or Consulate can give you and your family more details on the above payment methods depending on which prison you are in.

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. See Chapter 4 for more details.

Medical and Dental treatment

While you are detained, the prison will make sure your basic medical needs are met. Healthcare in Italy is generally of a high standard. There is often a long wait for specialised medical appointments and examinations under the national health service (SSN).

If you need medical attention, including mental health, you must submit a request to the Ufficio Matricola to see a doctor or a dentist. You should contact the Capo Posto (Duty Officer) after the opening of the cells in the morning and ask for your name to be written in the ledger for a medical visit. Basic medical attention is free of charge.

Private health care is also possible, pending approval by the prison director. Payment for private healthcare is at your own expense.

In some large prisons, it may be difficult to get an early medical appointment. Prison doctors are often the equivalent of GPs in the UK. Unusual or complex problems may be referred to a specialist outside the prison and treatment might not be free.

You must buy prescription glasses yourself, if needed.

Sometimes medication is not available in prisons. In such instances, you or the prison doctor should contact the Embassy or Consulate. The cost of prescribed medication has to be covered either by the prisoner or, if a prisoner qualifies, through the Prisoners Abroad medical fund. Further information about Prisoners Abroad will be provided in later pages. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful to ask your doctor in the UK to send a copy of your records or at least a report directly to you or via the Embassy/Consulate if you prefer.

With your permission, we can make sure that any medical, mental health or dental problems you 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.

Letters and parcels

Prisoners have a right to unlimited correspondence (letters) while serving their sentence. Depending on the charges, incoming and outgoing mail may be censored. Mail will be subject to examination and delays are to be expected.

Friends and family can send mail and parcels directly to the prison. The Embassy/Consulate is not able to forward mail on your behalf back to the UK. All parcels are opened and checked by prison staff before they are handed over to prisoners. A prisoner can receive 4 postal parcels per month; there is a weight limit of 5 kilos per parcel, but this depends on whether a person has received other packages that month, or during ordinary prison visits (please note: a book in a padded envelope would be considered a parcel). Please note that educational material, such as books and magazines do not count towards the weight limit.

Prison regulations state that there must be a delay of 15 days between parcels delivered on visits and parcels received by post. Please note that excessive parcels are either returned to the sender, at the prisoner’s expense, or kept in the prison’s storeroom. If you have pending parcels, you will receive them following the order of arrival. Please refer to the Ufficio Matricola for more information. Parcels may contain personal goods such as clothes, paperback books etc. Please request a written copy of goods permitted in your prison from the prison directly.

The sender of a letter or a parcel must ensure that the prisoners full name (as known to the prison) is written on the envelope, along with the name and address of the prison. The sender should put their own details on the back of the envelope or parcel.

Parcels sent to Italy from the UK or elsewhere outside the EU may be subject to customs charges. If a prisoner is sent a parcel carrying charges, they will be offered the chance to pay the charges if they have sufficient funds in their prison account. Lengthy delays in delivering parcels are possible due to customs checks.

Prisoners can buy stamps from the prison shop. The British Embassy/Consulate will also send you a self-addressed pre-stamped envelopes for you to write to us.

Telephone calls

You do not have an automatic right to make a phone call when you are arrested. If you wish to make a telephone call (both domestic and international calls), permission must first be obtained from the judge.

In prison, you can make calls to relatives and partners, and in some cases to other people.  To make calls, you need to submit a request in writing to the director.  You must provide proof of your relationship with the person you want to call, such as a marriage certificate, a copy of the telephone bill of the number you want to call, and a copy of the passport of the bill owner.

You can make calls once a week, no longer than ten minutes and in allocated time slots. Calls are made through the prison’s switchboard operator. Mobile phones are not permitted in prison.

You are charged for each phone call, and you can buy a phone card. To request visits and phone calls you apply to the court if you are awaiting trial, and to the prison director if you have been sentenced.

Prisoners cannot receive incoming calls.

Mobile phones

You can only call a mobile phone if:

• you have not had any type of visit or contact for at least 15 days

• you have no other way of contacting relatives

If you haven’t been sentenced yet, you’ll need to apply to the court to make a call to a mobile phone.

After sentencing, you must apply to the prison director, who will confirm with the consulate whether the number is a landline or a mobile phone. In the latter case, the detainee must produce a copy of the mobile phone contract.

Skype

Some prisons allow the use of Skype. Please check with the Embassy or Consulate to find out if your prison uses Skype.

Video calls via the internet

In some prisons, video calls are permitted via Skype, Teams and/or WhatsApp to maintain relationships with family members. Check with the Embassy or Consulate to find out if your prison allows this.

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 are given disciplinary measures, these must not include the use of unreasonable force (such as the use of handcuffs), intimidation, or threats. If you experience any of these, you can make a complaint to the relevant supervisor. You can also make a complaint to the supervisory judge where necessary.

You should report the allegations to your lawyer as soon as possible.

For complaints, prisoners can write to the prison director, the Minister of Justice, the supervisory judge, the Head of State and the Ombudsman.

In the first instance, you should contact the regional Ombudsman for your area (Garante Regionale), in order to receive assistance quicker. The Consulate can provide you with contact details for your regional Ombudsman.

You can also report your allegations directly to the national Ombudsman (Garante Nazionale), established to protect people in detention through independent monitoring.

You can contact the Garante Nazionale by email or by letter:

segreteria@garantenpl.it

Ufficio del Garante Nazionale

Via San Francesco di Sales 34

00165 Roma

Chapter 3: The Italian judicial system

Overview

The Italian justice system is very different to the British justice system, and in particular, how the initial investigation into an alleged crime is carried out. In the UK, the police carry out the initial investigation and then present their findings on the case to the public prosecutor. In Italy, a public prosecutor is in charge of the initial investigation, working closely with the police. The initial investigation in Italy is entirely separate from the trial process, with separate magistrates.

The judicial process can be very lengthy in Italy. It can be summarised as follows:

• investigation

• preliminary hearing

• trial (first level)

• appeal involving a new trial (second level)

• High Court (third and final level) if certain criteria exist

After the preliminary investigation

After the investigation has been completed, the procedure may have various outcomes, as described below:

a) If the public prosecutor determines there is not enough evidence to support the charge(s), they can ask the Preliminary Investigations Judge (GIP - Giudice delle Indagini Preliminari) to dismiss the case. The prosecutor must inform any victims of the crime of the proposal to apply for dismissal of the case, if they have previously requested to be informed. The victims may then, at that time, file an objection to the recommendation to dismiss the case, making a case as to why further investigations should be performed. If the judge considers the victim’s objection to dismissal to be reasonable, the public prosecutor will be instructed to carry out further investigations or to file formal criminal charges against the suspect. If the judge deems there is not enough evidence to support the charge(s), the case is definitively closed.

b) If the prosecutor determines there is sufficient evidence to support the charge(s), they must notify the defendant, their lawyer and in some cases the victim(s) that:

• the investigation has been concluded, (aviso di conclusione delle indagini preliminari: notification that the investigation has been concluded)

• the case will move forward to an initial hearing and then trial

Once informed that the investigation has been concluded and the case will move forward, the defendant can file a defensive counter brief through their lawyer within twenty days. This could include details of the results of any defence inquiries, a proposal for the defendant to meet the prosecutor to make statements or offer to answer questions from the prosecutor. The brief can also ask the prosecutor to follow specific lines of investigation.

If the prosecutor determines there is sufficient evidence to support the charge(s), the case is forwarded to the judge in charge of the preliminary hearing (GUP - Giudice dell’Udienza Preliminare) asking for the case to be tried and specifying the formal charges against the accused (richiesta di rinvio a giudizio). The judge then sets a date for the preliminary hearing (udienza preliminare) in which the accused can defend themselves. At this hearing, the judge can decide to close the case without proceeding to a trial or order that the case go to trial (rinvio a giudizio) if the charges are not dropped. Preliminary issues are verified and then the trial (dibattimento) begins.

c) For those crimes which fall under the competence of a single judge or a justice of the peace, the public prosecutor will serve a summons for trial or a direct summons for trial.

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

After your arrest or detention for a suspected crime (arresto or fermo) you can be kept at the police station for up to 24 hours. You must be given verbal and written notice by the arresting officers (police) of the charges for which you are being held in detention. The Public Prosecutor must be notified within 24 hours. Then a hearing to confirm the arrest or detention takes place before a judge within 96 hours. Criminal procedures begin when the public prosecutor’s office is notified of a crime. Phone calls are not generally permitted at this stage, but you can request that your family and / or the British Consulate be informed of your arrest.

If you have any questions on the legal aspects of your arrest, contact your lawyer. Find a local English-speaking lawyer.

How long you can be remanded in custody

The public prosecutor’s office has a maximum of 6 to 12 months (depending on the nature of the crime) to carry out an investigation. If the investigation becomes complex the period for completion of the investigation can be extended to a period between 18 to 24 months. Requests to extend the term for completing the investigation must be approved by a judge. Postponements and delays during an investigation are frequent, and it may be difficult to estimate when it will finish.

An arrest and precautionary measures (such as provisional - also called pre-trial - detention) can be adopted in order to prevent the defendant from fleeing, from committing another crime, or from destroying true evidence or creating false evidence. The judge can adopt this measure only when the prosecutor asks that the defendant’s rights of movement be limited.

The defendant can be remanded in provisional custody for a maximum of 3 months for minor charges, but the period increases for a more serious offence. The period restarts and increases for each new stage of the proceedings.

Prisoners on remand and sentenced prisoners: differences

Conditions are similar for sentenced prisoners and prisoners on remand, but they could be in different areas of the prison. Your rights are the same, but if you’re on remand you may be monitored to prevent you from affecting evidence in the trial, and you’ll be more closely controlled than sentenced prisoners.  If you’re on remand, the judge makes decisions on your conditions, whereas sentenced prisoners are managed by the prison’s director.

After you are charged

After you are formally charged, you have the right to be informed of your rights (for example, the rights to notify a third person; access a lawyer; challenge the lawfulness of detention; remain silent; not incriminate themselves).

If you are charged in a language, you do not understand, you have the right to translated translation, without making a formal request.

If you believe the charges are incorrect, you can appeal at the Freedom Court within 10 days.

You do not have to enter a plea when you are formally charged.

Bail

Bail does not exist under Italian law.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for 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.

Once you have been arrested, if you do not name a lawyer, one is automatically appointed by the state to assist you. Legal expenses are charged to the defendant.

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer. Normally if you employ a lawyer privately, they will ask for a large advance on the estimated legal fees (which may be high) before they will take on your case. The Embassy/Consulate cannot pay legal fees or guarantee to a lawyer that you will pay them.

Legal aid (patrocinio gratuito) may be available at any stage of the judicial process in criminal cases. A defendant may submit a request to the judge to authorise the State to pay his/her lawyer, but only if he/she can prove earnings of less than € 11.369,24 euro per year (updated figure for 2023 – this figure is updated every two years by the Italian government). The earnings of anyone living with the defendant are also taken into account. You can find out more about the process from your lawyer. Be aware that legal aid lawyers rarely speak English and they have varied experience.

Trial

The trial (dibattimento) is before the Courts. The court will either be a Tribunal court, or a Court of Assizes (Corte d’Assise: a first level court for more serious crimes), depending on the crime (see Annexes).

The trial is normally held in public, but you do not need to be present at the hearing. However, in some cases the judge may hold some or all of the trial in private and order you to attend. Your lawyer must always attend.

You have the right to remain silent for all of the trial. If you do not understand the language, you have the right to have an interpreter, which can be court-appointed and free of charge.

Italian trials can last many months and have long gaps between hearings.

Sentences

Once the trial is over the judge presents the verdict and reads the charges. The verdict can be either acquittal or conviction. In case of conviction, the penalty might be either a fine or a prison sentence, or both.

When the verdict is final, which means that no further appeals can be made, it becomes enforceable, and it is registered at the Criminal Records Office.

If you are given a prison sentence, which is not suspended, the Public Prosecutor presents an enforceable order.

If you have to serve three years or less in prison, the Public Prosecutor may suspend the sentence and notify you of his decision.

You may apply within 30 days for a different measure other than imprisonment to the Supervisory Court (Tribunale di Sorveglianza). If there are existing preconditions, you may ask to be submitted either to the supervision of a social worker, to be placed under house arrest or under the supervision of a rehabilitation and prevention centre.

If you don’t submit a request or if your application is rejected, you must start serving the sentence.

Financial penalties

Financial penalties in Italy may include:

• a fine

• a fine and a custodial sentence

• a custodial sentence. If a fine is applied, it is expected to be paid when the trial is closed, and the verdict is irreversible.

If you do not pay the fine, the government starts an administrative procedure to obtain the payment. If you have a salary or income, the Government can confiscate the amount required to be paid by the fine, depending on your personal circumstances. You can request to pay in instalments through the magistrate.

If you cannot pay, the magistrate investigates your financial situation and if they find you are not able to pay, the fine will be converted into a custodial punishment (in the form of probation) or community service. Each 250 euros of fine is converted into 1 day of probation or 1 day of community service.

Appeals

The defendant and the prosecutor can appeal against the verdict before the Corte d’Appello (Court of Appeal, the 2nd level Court) that will retry the defendant. The verdict passed by the Court of Appeal can be appealed against, before the Corte di Cassazione (Court of Cassation, High Court, the 3rd level Court). Both the Court of Appeal and the Court of Cassation must examine and rule on every appeal. They can overturn, amend or review the two previous verdicts. The Court of Cassation ruling is the final verdict.

The prosecutor can appeal all judgements issued by the First Level Court. This means that a not-guilty verdict can be appealed and overturned too. The Court of Appeal can hand down a more serious penalty than the First Level Court.

Only when the defendant alone has appealed the verdict, the Court of Appeal cannot issue a more serious sentence.

Special Proceedings

During the preliminary hearing, you or your lawyer may request special proceedings, e.g. summary proceedings (giudizio abbreviato) or plea-bargaining (patteggiamento).

Summary proceedings

Summary proceedings (giudizio abbreviato - literally abbreviated, or short, proceedings) consist of opting out of the trial process. In such a case, the Judge presiding over the preliminary hearing will take into consideration the evidence gathered during the preliminary investigations by the prosecutor and by the case put forward by the defence lawyer and will decide to either convict or acquit the defendant.

Only you can decide to opt out of the formal trial and to accept summary proceedings – this is because opting out of the trial process affect your rights, such as the right to present new evidence and to be tried by a judge at the trial.

In summary proceedings cases, you’ll be given a reduction in sentence. The law states that this reduction should be one third.

Both you and the prosecutor can appeal against a summary proceedings judgement before the Court of Appeal (which can rule on the merits of the case, but usually without gathering further evidence) and the case can even go before the High Court (Corte di Cassazione) (which cannot rule on merits, but only on correct procedure and correct interpretation of the law).

Plea Bargaining

If your lawyer tells you that the sentence for the crime is likely to be five years or less (there are some crimes which have a maximum sentence of two years), you may plea-bargain (patteggiamento) with the prosecutor. If the proposal is accepted, you’ll be given a reduction in sentence and you do not have to pay the fees for the judicial proceedings. In these cases, you must agree to plead guilty to the charges (even if the plea-bargain sentence has other issues involving other compensation proceedings), no matter how serious they are.

The bargaining is not about the charges, but about the sentence, which is reduced by one third. When you and the prosecutor have come to an agreement, the plea bargaining proposal is submitted to the judge. They will then consider the evidence:

• If they are convinced that you are not guilty, they will not accept the proposal, and instead they will drop the case. This happens seldom, if ever

• If the judge finds that you are guilty and he agrees with the punishment, they will sanction the proposal.
• If the judge finds you guilty, but thinks that the proposed punishment is too light, they can refuse to accept the proposal and the proceedings will continue. You can ask the judge to reconsider the proposal in this case

If a Judge accepts a proposal, the judgment can only be appealed before the High Court, (which rules only on the correct the interpretation of the law).

For information about legal process, contact your lawyer.

Alternative forms of detention in Italy

The judge can decide for alternative measures to detention such as home detention or house arrest. You can talk to your lawyer about the types of restrictions and their implications. The Embassy/Consulate can advise regarding residency.

Home detention

The Supervisory Court will grant home detention to any inmate aged 70 or over, who has not been declared a habitual or “professional” offender. The same measure can be granted, for a sentence of imprisonment not exceeding four years, even when part of a longer sentence, to:

• a pregnant offender

• imprisoned mothers or fathers of children under the age of ten

• to offenders with particularly serious health conditions or aged over 60 (if disabled) or under 21

• inmates who are serving a sentence or residual prison sentence not exceeding two years

Custodial sentences at the inmate’s home

By law you can also serve a custodial sentence, not exceeding eighteen months even if part of a longer sentence, at your home or at a different address. This measure is not applicable to offenders who have committed serious crimes as listed in the Penitentiary Act, e.g., terrorism, mafia association, slavery and human trafficking, abduction, drug trafficking. This measure can be granted to imprisoned mothers with children aged under 10, when one-third of the sentence has been served (15 years if she has been sentenced to life imprisonment), and if it is possible for her to live with her children.

Semi-liberty

This allows convicted persons to spend part of the day outside prison to attend work or education or any other activity useful to their rehabilitation into society. It is granted by the Supervisory Court to any inmate who is:

• under sentence of arrest or imprisonment not exceeding six months;

• serving a sentence over 6 months and has served at least half of his/her sentence (two-thirds of it for certain serious crimes listed in the Penitentiary Act)

• sentenced to life imprisonment and has served 26 years in prison.

Conditional release

This can be granted to any inmate who has served at least 30 months (or half) of their sentence when the residual sentence does not exceed 5 years. If a repeat offender they must have served at least 4 years and no less than three quarters of the sentence. If a person is sentenced to life imprisonment, 26 years must already have been served.

To be granted conditional release, inmates must have maintained good behaviour and shown rehabilitation during their time in prison. It is also subject to a prisoner fulfilling the civic commitments relevant to their crime unless this is shown to be impossible.

Suspension of sentence for drug addicts or alcoholics

If you committed a crime because of drug or alcohol addiction and successfully complete authorised a social/therapeutic rehabilitation programme, the supervisory court can suspend your sentence for 5 years.  This applies if you are sentenced or have a remaining sentence to serve of up to 6 years (4 in some cases).

Special prison regimes

Regime of special surveillance

The ‘regime of special surveillance’ can be ordered by the Department of Penitentiary Administration (following a proposal by themselves or by the prison governor or the judicial authority, with recommendation by the disciplinary board), for repeated offensive behaviours against prison order and security. This will mean specific restrictions on work and leisure, on correspondence and phone calls, on the possession of specific items that are normally accepted. This does not apply to:

personal care or health needs, food, clothing and bedding, books and magazines, religious practices, use of authorized radio devices, outdoor exercise for at least one hour a day, meetings with legal adviser, visits from spouse, live-in partner, children, parents and brothers and sisters.

You can appeal this regime with the Department of Penitentiary Administration and addressed, within ten days, to the Supervisory Court (Tribunale del Riesame).

Regime for people sentenced for particular crimes

All inmates and internees imprisoned for any serious crimes as listed in the Penitentiary Act can be granted no more than four visits and two phone calls each month and are subjected to restrictions in the granting of benefits such as the assignment to work outside prison and sports and cultural activities, bonus leave and alternative measures and sanctions.

Continued isolation

This can apply for public health reasons, such as contagious disease.  You can be excluded from activities and contact with other inmates, if necessary. Daily meals, water and medical check-ups are allowed. During isolation, any inmate can receive visits from political, judicial, administrative and religious authorities.

Temporary suspension of ordinary rules of prison treatment

The Minister of Justice, in exceptional cases of prison riots or other serious emergency situations, can suspend the ordinary rules on the treatment of prisoners and internees, in the prison concerned or in a part of it. This suspension will aim to restore order and security and its duration will be strictly limited to the achievement of these goals. The Minister of Justice can also fully or partly suspend the ordinary rules on the treatment of inmates and internees imprisoned for any crimes with terrorist aims or against democratic order and security, for mafia-type crimes and, when there is evidence of existing links with a criminal, terrorist or subversive organisation. This suspension imposes limits necessary to prevent contacts with other criminal organisations (one single visit per month and only with relatives and live-in partners; visits are recorded and filmed unless they are with legal advisers; limitations on money and parcels from outside the prison; exclusion from any delegation; all correspondence being censored; restricted time for outdoor exercise). It is applied for a period of four years, which can be extended, two years at a time. Prisoners subjected to this special regime will be imprisoned in facilities or special wings, exclusively dedicated to them, separated from the inmates’ community, where custody is the responsibility of the penitentiary police special units. Complaints against the Minister of Justice’s order in this regard can be made to the Supervisory Court of Rome within ten days from the notification to the inmate.

In prison before, during and after childbirth

Pre-trial custody cannot be ordered, or continued, for pregnant prisoners or mothers with children aged up to six years, unless there are exceptional circumstances. The sentence is postponed if the offender is pregnant, or she has children below the age of three. Convicted female prisoners may request to raise their children outside of prison if they are below the age of ten. Prisoners who are pregnant but must be detained are granted adequate care by specialised doctors, midwives and paediatricians and are allocated dedicated prison units.

Reaching the end of your sentence

Reduction of sentence (remission)

As a general rule all prisoners and internees who have demonstrated a particular sense of responsibility in work activities, educational courses, in supporting others or in praiseworthy actions, are rewarded with the proposal – formulated by the disciplinary board – for their pardon, conditional release, early repeal of a security measure or other benefits.

Leave

An integral part of the rehabilitation programme as it allows the prisoner to nurture effective, cultural and work interests.

The supervisory judge can grant bonus leave to convicted people who are not considered a danger to society, when they have maintained good behaviour and have served a large part of their sentence. Each leave period cannot exceed 15 days’ duration and cannot be granted for more than a total of 45 days in a year. If a relative or a live-in partner is terminally ill, the judicial authority or the supervisory judge can grant all remand and convicted prisoners and internees leave to visit the sick person. At the leave expiry time, inmates not returning to prison with unjustifiable reasons will undergo disciplinary sanctions, if their absence is within three to twelve hours; in all other cases, the inmates will be charged with escape. When leave is denied, the prisoner has a short time within which to lodge a complaint.

Early release

The supervisory judge can grant early release to convicted persons for good behaviour (buona condotta), that is, a reduction of 45 days of imprisonment for each six months of sentence served. Early release is granted only to those who have regularly behaved well and have shown participation in observation and treatment activities. In calculating the six months of sentence served, all time spent in pre-trial custody or in home detention will also be taken into account. Early release can be granted, under similar limitations and conditions, also to inmates who are assigned to the Probation service. If the supervisory judge rejects the application for early release, a motivated complaint can be made to the Supervisory Court within ten days from the rejection notification.

Offender’s assignment to the Probation Service

For sentences, or residual sentences, that do not exceed three years, you may be assigned to the Probation Service for the period of sentence still to be served.  This is given on the basis of a character evaluation. You’ll be under the responsibility of the local probation services under semi detention, home arrest or monitored liberty regime. You must submit your application to the supervisory judge and the Supervisory Court can grant it.

If this assignment is successfully completed the court will declare the prison sentence fully served and any other penal measure complete.

Drug-addicts or alcoholics, with a sentence or residual prison sentence not exceeding six years (four years for particular categories of crime), who are following a rehab programme, or are willing to start a new one (agreed with local health service for drug-addicts) can be granted a therapeutic assignment. This measure cannot be granted more than twice.

Clemency or pardon

In Italy, the President of the Republic may “grant pardons, or commute punishments” according to the Italian Constitution. Like other acts of the President, the pardon requires the countersignature of the competent Government minister.

The pardon may remove the punishment altogether or change its form. Unless the decree of pardon states otherwise, the pardon does not remove any incidental effects of a criminal conviction, such as a mention in a certificate of conduct.

According to the Italian Constitution Parliament may vote to grant amnesty and pardon.

Financial penalties

All financial penalties must be paid before release.

Transfer to another prison within Italy

You can apply for transfer to another establishment through the prison governor, or to the Regional Director of the Penitentiary Administration if you request transfer to a prison within the same district. When the transfer is to a facility in a different district send your application to the Department of Penitentiary Administration of the Ministry of Justice.

All prisoners can be transferred for serious and substantiated security reasons, for reasons relevant to the prison institution and for reasons of justice. Unfortunately, the British Embassy/Consulate cannot intervene in prison transfers within Italy.

Transfer to a prison in the UK

British nationals serving prison sentences in Italy can apply to transfer to a UK prison and serve their sentence in the UK, under the Council of Europe Convention on the Transfer of Sentenced Persons.

Please contact the British Embassy / Consulate for more information.

You should write to your lawyer and to the Prison authorities in the first instance to request transfer to the UK. You should also inform the Embassy / Consulate that you have done so.

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

A convicted foreign person, including people who were resident in Italy before arrest, may be deported at the end of their sentence, if the judge considers them socially dangerous.

Release on full completion of sentence will usually be unconditional, unless specified otherwise at the time of the trial, and the prisoner will be free to remain in Italy (if they hold residency) or return to the UK as long as he/she is not subject to an expulsion order.

Tell the British Embassy/Consulate when you are released or expelled.

Upon release, all properties and money on a personal prison account will be given back to the inmate.

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 Teamwhen 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

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

You can ask Consular staff for a printed copy of useful legal terms.

Key phrases – English into Italian

You can ask Consular staff for a printed copy of useful key phrases.

Annexes

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-Speaking Lawyers

List of Private Translators/Interpreters

Prisoners Abroad Forms