Arrested or in prison in Namibia
This guide provides information about being arrested in Namibia and what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in Namibia can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the High Commission can offer.
Family and friends can contact:
- the British High Commissions in Namibia over the telephone, by dialling +264 61 274800 or online through our website
- the Foreign, Commonwealth & Development Office (FCDO) in London over the telephone, by dialing +44 (0)20 7008 5000
British High Commission in Namibia address:
British High Commission Windhoek
116 Robert Mugabe Ave, P.O. Box 22202
Windhoek
Khomas
Namibia
Finding a lawyer and translator
You should consider appointing a local lawyer in Namibia. Before engaging their services, ensure you discuss and agree any fees and costs in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Namibia).
Hiring a private lawyer
If you wish to appoint a private lawyer, see our list of local English-speaking lawyers in namibia. If you need printed copy of this list, please ask the British High Commission.
Private lawyers may ask for an advance payment before they begin working on your case. If you are involved in a criminal case, you will not usually have to pay court fees for the trial itself, as the prosecution is handled by the state and the costs of the court proceedings are covered by the government.
Legal aid
Legal aid is available. However, it is for low-income Namibians.
If you don’t have enough money to hire a private lawyer, you can get help from the Legal Assistance Centre. They provide legal help, represent people in court, and work on human rights cases. These are lawyers who offer their services for free.
State appointed lawyers
If you are not satisfied with your court-appointed lawyer, you can apply to the Directorate of Legal Aid for a different lawyer. You must have a valid reason for making the request, such as:
- a conflict of interest
- concerns that the lawyer is not acting in your best interests
You will need to submit a formal application to the Directorate of Legal Aid. If your lawyer is changed, the court must also be informed.
Finding a translator
English is the official language of Namibia, so you should not normally need to pay for translation or interpretation services.
What happens when you’re arrested in Namibia
In Namibia, you may be arrested and taken to a police station if:
- there is an existing arrest warrant for you
- there are reasonable grounds for the police to obtain an arrest warrant
- you are caught committing a criminal offence
- the authorities believe you may leave Namibia to avoid prosecution or legal proceedings
- your identity cannot be verified
When you are arrested, the police are required to explain the following to you in English:
- why you’ve been arrested
- that legal proceedings against you have started
- your rights as a detainee
Do not sign any documents unless you understand their contents. If you do not understand the language used, you have the right to request an interpreter before signing.
Your rights after arrest
Your rights after being arrested in Namibia include:
- the right to speak to a lawyer before answering questions or making a statement
- the right to request legal representation
- the right to be treated humanely while in custody, including access to:
- food
- drinking water
- toilet facilities
- the right to see a doctor if you require medical attention
- the right to be protected from torture, cruel treatment, or degrading treatment
- ask for an interpreter if you need one
- inform your family (next of kin) about your arrest
- inform the British High Commission that you’ve been arrested
You are not guaranteed access to a telephone. Mobile phones are not permitted in police cells or prisons. However, you may be able to contact family members or your lawyer through supervised visits.
If these rights are violated you can report the issue to the prison officials. Alternatively, you can also inform the British High Commission during visits.
How long you can be held for
After your arrest, you will be taken to a police cell. You must be brought before a court within 48 hours of your arrest, although weekends and public holidays are not included in this 48-hour period. When you appear in court, a judge will speak to you or your lawyer about your case.
Personal belongings
Your belongings will be listed and recorded at the police station. They will usually be sent with you if you are transferred to prison. Any items kept as evidence will be recorded separately and may not be returned to you.
Going to court
Procedure for your first court appearance
You must be brought before a court within 48 hours of your arrest, although weekends and public holidays are not included in this period. At your first court appearance, you have the right to remain silent and do not have to answer questions or speak if you do not wish to. If you do not have a lawyer, you can ask for legal aid. Legal practitioners in Namibia, including court-appointed lawyers, must be able to communicate and conduct proceedings in English.
During the hearing, the judge will speak to you or your lawyer about your case and decide what happens next. This may include keeping you in custody (on remand) while you await trial, allowing you to apply for bail (pay money to be released while waiting for your case), imposing a fine, or releasing you without charge.
Being put on remand
If you are put on remand, it means you will be kept in custody while waiting for your trial. After your first court appearance, a judge or magistrate may decide that you should remain in custody while the investigation continues. If this happens, you may be held in a police cell or in the remand section of a prison. People on remand are usually kept separate from convicted prisoners and may have more relaxed conditions, including visits from family members and their lawyer.
How long you can be on remand
If you are remanded in custody, you may remain there while the investigation into your case is completed. The length of time you spend on remand will depend on the circumstances and seriousness of the case. If bail is granted, you may be released before the investigation is finished and while you await further court proceedings.
Bail
You may be able to apply for bail, but whether it is granted will depend on the type of case, the seriousness of the alleged offence and any risks identified by the court. Bail is more likely to be granted for less serious offences, but may be refused in very serious cases, such as murder, rape, armed robbery or large-scale drug trafficking. The court will also consider factors such as whether you are likely to leave the country before your case is heard.
If bail is granted, the amount will depend on the charges you face. Bail is usually paid as a cash deposit to the state. For minor offences, it may be paid at a police station. In more serious cases, where bail is granted by a court, payment can be made at the clerk of the court’s office or, for High Court cases, at the High Court cashier’s office. Your lawyer can advise you on the process.
As a condition of bail, you may be required to surrender your passport, report regularly to a police station or provide a fixed residential address where you can be contacted. You may also be prohibited from leaving Namibia without the court’s permission. If you do not comply with your bail conditions or fail to attend court, the bail money may be forfeited and a warrant may be issued for your arrest.
The British High Commission or the FCDO may be able to help you contact family or friends who could provide financial assistance for bail. If you are struggling to support yourself while on bail, you should consider seeking help from family or friends.
The British High Commission or FCDO cannot transfer bail funds for you.
Arriving at prison
When you arrive at a correctional facility, prison staff will guide you through an intake process. This usually includes verifying your identity, taking your fingerprints and photograph, and assigning you a unique inmate identification number.
Staff will collect personal information such as your name, date of birth, nationality, home address, medical conditions, religion, marital status, occupation and next-of-kin details. You will also undergo medical and psychological screening to assess your health needs and determine appropriate accommodation and care.
The prison will assess your security classification based on your risks and needs, and you will be given information about prison rules, routines and available programmes. A case management plan may be developed to support your rehabilitation and manage any identified risks. Your family or next of kin will only be informed of your imprisonment if you give your permission.
Personal belongings
Your personal belongings will be recorded and stored safely when you enter custody. Property taken from you at the police station will usually be transferred with you to the prison. Any items kept as evidence will be recorded separately and may not be returned.
If you are being held on remand, you are usually allowed to wear and use your own clothing rather than prison-issued clothing.
Your prison cell
Prison conditions in Namibia can vary, and some prisons may be overcrowded. When you arrive, you will normally be provided with basic sleeping items such as a mattress, blankets and bedding. Prison cells generally have natural light and access to basic facilities, including toilets, showers, running water and electricity. In most cases, prisoners on remand are held separately from sentenced prisoners.
Contacting the British High Commission
Tell the prison officer if you want the British High Commission to know you’re in prison.
Medical history and check-up
When you arrive at the prison, you will usually have an initial assessment with a social worker or other prison staff. It is important to tell them about any medical conditions you have and any medication you are currently taking so that appropriate care can be arranged. If you need help obtaining your medical records or notes from the UK, you can contact the British High Commission for assistance.
Rights and responsibilities in prison
When you arrive in prison, the rules and regulations will be explained to you. If you break prison rules, disciplinary action may be taken. This will usually start with a verbal warning, followed by a written warning if the behaviour continues. More serious breaches of prison rules can result in stronger disciplinary measures, including being placed in a single cell for up to 25 days.
See the list of punishable behaviours on the correctional service act in part X discipline of offenders.
There is also a reward and ranking system that allows prisoners to earn additional privileges through good behaviour and compliance with prison rules.
Visits from family or friends
You can usually receive visits from immediate family members, such as your spouse, parents, children and siblings. Visits from extended family members and friends may also be allowed, but they may require approval from the prison authorities. You are generally entitled to receive visits from your lawyer or other legal representative, as well as religious leaders who can provide spiritual support. In some cases, approved community members or organisations may also be allowed to visit to provide support or assist with rehabilitation.
Visiting arrangements and rules can vary between correctional facilities. You, your family or friends can contact your lawyer or the prison directly to find out the specific visiting rules and procedures that apply at the correctional facility where you are being held.
How many visits you’re allowed
The number of visits permitted may differ for remand and sentenced prisoners, so you should speak to your lawyer or prison officials to confirm the arrangements that apply to you.
Arranging visits
Visits can usually be arranged by speaking to your lawyer or prison officials, or by contacting the prison directly. Visitors do not normally need a special permit to visit. In some cases, longer visits may be allowed if family members have travelled from another country. Although visits are generally scheduled and expected to take place as planned, they may occasionally be delayed, cancelled or interrupted due to operational or security reasons.
During the visit
Visitors will usually be required to bring a valid form of identification, such as a passport or driving licence. Visits may take place in either contact or non-contact visiting areas. Non-contact visits are often conducted through glass screens or partitions, while contact visits take place in designated areas under supervision. Visits typically last between 30 and 45 minutes, although this may vary between correctional facilities. Prison officers are usually present during visits and may monitor or listen to conversations. The rules governing supervision and the location of visits are generally similar for both remand and sentenced prisoners.
What visitors can take with them
Visitors are generally not allowed to bring prohibited items into the prison. This usually includes tobacco, alcohol and any items that have not been specifically approved by prison authorities. Cash, electronic devices and personal belongings are also commonly restricted in visiting areas. Rules on permitted and prohibited items may vary between correctional facilities, so visitors should check with prison officials in advance to confirm what they are allowed to bring.
Visits from British High Commission staff
If you are a British national in prison in Namibia, staff from the British High Commission aim to visit you approximately once every three months, depending on the location of the prison and access arrangements.
If there is an urgent issue, such as concerns about your health, welfare or treatment, you can ask prison officials to contact the British High Commission and request a visit.
In some circumstances, we may visit sooner if there are concerns about your wellbeing or reports of mistreatment. We will normally let you know in advance when we plan to visit.
The British High Commission does not have a fixed schedule of visits to specific prisons or detention centres, and visits are arranged according to individual circumstances. In some prisons, it may also be possible to communicate with the British High Commission by telephone.
Money
The British High Commission does not provide financial assistance to prisoners.
Money transfers from family or friends
Family and friends may be able to send money to you by bank transfer to your prison account. Cash should not be sent through the post. If you need financial support, you should ask prison authorities for details of the account and payment procedures that family or friends must use. The prison can explain how funds can be deposited and any restrictions that may apply.
Prison accounts
When you enter prison, you will usually be given your own prison account. Money sent to you by family or friends can be deposited into this account and used to buy approved items and basic necessities from the prison shop or canteen.
The rules governing prison accounts and spending may vary between remand and sentenced prisoners. For example, shopping days, spending limits and the range of items available may differ depending on your status and the rules of the correctional facility.
How to make a complaint about mistreatment
If you believe you have been mistreated or abused while in custody, you should inform the British High Commission as soon as possible. The British High Commission takes all allegations of mistreatment seriously and can provide assistance. If you wish to make a complaint, please inform us first and staff will ask for your permission before taking any action on your behalf.
The first step is usually to report the mistreatment directly to the officer in charge of the correctional facility. Written complaints are generally preferred and should include as much detail as possible, such as dates, names of those involved and the names of any witnesses.
If the matter is not resolved at the facility level, you can escalate your complaint to the Namibian Correctional Service headquarters, which is responsible for overseeing prison conditions and staff conduct under the Correctional Service Act 9 of 2012.
If the issue remains unresolved, you can make a complaint to the Ombudsman, an independent constitutional body that investigates human rights concerns, including allegations of mistreatment in prisons. Complaints can be submitted in person or by letter, telephone, fax or SMS. The Ombudsman is required to investigate complaints and provide feedback on the outcome.
Your investigation and trial in Namibia
Namibia has a single court system with different levels that deal with cases depending on their seriousness. Most criminal and civil cases are first heard in the Magistrates’ Courts. More serious criminal cases, as well as appeals from lower courts, are heard by the High Court. The Supreme Court is the highest court in Namibia and mainly hears appeals from decisions of the High Court. There are also specialised courts, including Labour Courts and Children’s Courts, which deal with specific types of cases.
When your case first comes before the court, the charges against you will be explained. You will then be asked how you wish to respond to the charges. You may choose to plead guilty or not guilty. If you are unsure how to respond, you should seek legal advice before entering a plea. Your lawyer can explain the charges, the court process and the possible consequences of any plea you enter.
The criminal justice process in Namibia generally follows a number of stages.
After arrest, you may be held in detention for up to 48 hours before being brought before a court, not including weekends and public holidays. At your first court appearance, you may be able to apply for bail.
The prosecutor will then formally bring charges against you. Less serious offences are usually heard in the Magistrates’ Court, while more serious offences may be referred to the High Court. You will be asked to enter a plea and tell the court whether you plead guilty or not guilty.
In some cases, a preliminary hearing may take place to determine whether there is sufficient evidence for the case to proceed to trial. During the trial, the prosecution and defence present their evidence, and witnesses may be called and questioned. The judge is responsible for deciding the facts of the case and applying the law.
Once all the evidence has been heard, the judge will deliver a verdict. If you are found guilty, the court will then consider sentencing. When deciding on a sentence, the judge may take into account both mitigating and aggravating factors.
If you believe there has been a legal or procedural error, or that the sentence is disproportionate, you may have the right to appeal. Decisions of the High Court can generally be appealed to the Supreme Court. The length of a criminal case can vary considerably depending on the nature and complexity of the charges.
The British High Commission cannot interfere in Namibia’s judicial system. It cannot influence court proceedings, secure special treatment for British nationals, request that a case be heard more quickly, or ask the authorities to reduce or waive any penalties.
Types of court
There are different types of courts depending on the type and seriousness of offences.
Supreme Court: the highest court in Namibia. It handles appeals from the High Court and constitutional matters. Its decisions are binding on all other courts. It is located in Windhoek.
High Court: deals with serious criminal and civil cases, including constitutional issues. It can act as a court of first instance or as an appeal court. It has specialised divisions, including the Labour Court. It is based in Windhoek but can sit elsewhere.
Magistrates’ Courts: handle less serious criminal offences, civil disputes and family law matters. Most cases start here. Decisions can be appealed to the High Court.
Regional Courts: deal with moderately serious criminal and civil cases. They are less commonly used and are becoming obsolete.
Community (Traditional) Courts: apply customary law within specific communities. They handle minor disputes and traditional matters. Appeals can be made to the Magistrates’ Courts.
Specialised Courts: include courts such as the Tax Court, Electoral Court and Labour Arbitration Tribunals. They deal with specific areas of law.
A lawyer or legal aid office can help you determine the correct court where your case will be heard. As well as the Court documents (e.g., summons or charge sheet) will state the court and date.
The Court documents (e.g., summons or charge sheet) will state the court and date.
Completion of investigations
While you are on remand, the public prosecutor will investigate your case. This may include speaking with you and any witnesses, obtaining expert opinions, reviewing police reports and checking laboratory results.
The investigation will continue until the prosecutor either has enough evidence to take the case to trial or decides that there is not enough evidence and the case should be closed. If the case is closed, you may be released.
Bill of indictment
In Namibia, a bill of indictment is a formal legal document used in criminal proceedings to initiate a trial in the High Court.
What is a bill of indictment?
A bill of indictment is a written statement prepared by the Office of the Prosecutor-General that formally charges an accused person with one or more criminal offences. It includes the name of the accused, the charges being brought, a summary of the evidence and the legal provisions that are alleged to have been violated.
This document is used when a case is considered serious enough to be tried in the High Court rather than in a lower Magistrates’ Court.
When it is issued
A bill of indictment is usually prepared after the investigation has been completed. The prosecutor will decide whether there is enough evidence to take the case to trial. Before this, a lower court may consider whether there is sufficient evidence for the case to proceed.
Legal basis
The criminal justice process in Namibia is governed by the Criminal Procedure Act, 1977, which sets out the procedures from investigation through to trial. The Act provides that an accused person has the right to legal representation, that criminal proceedings must be conducted fairly and transparently, and that the prosecution must prove guilt beyond a reasonable doubt.
Role in trial
Once the bill of indictment is ready, your case will move to the High Court. The trial will then proceed with the presentation of evidence, witness testimony and legal arguments. After considering all the evidence, the court will deliver its verdict and, if you are found guilty, impose a sentence.
This process helps ensure that serious criminal cases receive the appropriate level of judicial scrutiny.
Sentence
If you are found guilty, the court will decide on an appropriate sentence. The sentence will depend on the nature and seriousness of the offence. Sentences in Namibia can include imprisonment, which is the most common penalty for serious criminal offences, or a fine, either on its own or in combination with a prison sentence.
The court may also impose a suspended sentence, which means you do not go to prison immediately. However, if you commit another offence during the suspension period, the original sentence may be enforced. In some cases, the court may order community service, requiring you to perform a specified number of hours of unpaid work for the community.
Instead of imprisonment, the court may place you under probation or supervision. This may include reporting to a probation officer and complying with specific conditions set by the court. The court may also order you to pay compensation or restitution to a victim for losses, medical expenses or property damage.
In certain cases, such as domestic violence or harassment, the court may impose restraining or exclusion orders. Additional penalties may include confiscation of property or the proceeds of crime, as well as driving suspensions or driving bans for traffic-related offences. Deportation may also be considered, depending on Namibian immigration law, the circumstances of the case and the person’s legal status in the country.
If you are found guilty, your lawyer will be able to advise you on the types of sentence available and the likely sentence for your case.
Sentences can include time in prison, fines, or a suspended sentence. A suspended sentence is a punishment outside prison during which you might need to meet certain conditions, such as completing unpaid work. If you do not meet these conditions, you may be sent to prison.
Making an appeal
You can appeal a conviction or sentence if there are grounds to do so, such as an error in law or fact, excessive severity of the sentence, or procedural irregularities. The prosecution can also appeal, usually on points of law, although this is less common.
When you can appeal
You must apply for an appeal within 14 days of your conviction or sentencing. If you wish to challenge either the conviction or the sentence, it is important to submit your appeal within this time limit.
How to appeal
To appeal, you must file a notice of appeal with the court that issued the judgment. Your application should include the grounds for appeal, any supporting documents, and, if the application is submitted late, a request for condonation. Appeals are usually heard by the High Court or the Supreme Court, depending on the nature of the case.
What happens when you appeal
Once an appeal is filed, the court will review the record of the case and the arguments presented. A hearing date will then be set, and both parties may be given the opportunity to present oral arguments. Following its review, the court may dismiss the appeal, uphold it, or alter the sentence.
At the end of the appeal
At the end of the appeal, the court will make a decision based on the evidence and arguments presented. If the appeal is successful, your conviction may be overturned or your sentence reduced. If the appeal is unsuccessful, the original judgment will remain in force. In some cases, you may apply for a further appeal to the Supreme Court, but this can only proceed if the court grants leave (permission) to appeal.
Prison conditions in Namibia
Namibian prison conditions are generally considered good, although conditions can vary depending on the region, the size of the prison, and the facility itself. Most prisons are closed institutions, but some offer rehabilitation programmes that support structured reintegration into society, including vocational training and educational opportunities.
Some facilities also have libraries, although their quality and availability vary. Outdoor exercise is permitted in most prisons, though access may be limited where facilities are overcrowded. Prisoners may be able to undertake technical and vocational training, and some prisons also support e-learning and higher education programmes.
Letters and packages
Letters, cards and photographs are generally allowed in prison. Parcels may also be permitted if they contain approved items, such as clothing, books or toiletries. However, prohibited items, including electronics, food and other forms of contraband, are strictly banned. Books and educational materials are often allowed, particularly when they are sent directly from publishers or approved vendors.
Receiving packages
Family and friends may be able to send you clothing, books from approved publishers, and toiletries. However, a range of items are prohibited, including electronics, food, drugs, weapons, money, and any item that could be misused, such as paper clips, staples, or other metal objects. Photographs are usually permitted, although explicit or provocative images are not allowed. All parcels must comply with Namibia’s customs requirements, including declaring the contents, avoiding restricted items, and paying any applicable duties.
Stamps and stationery
You may need to buy stamps and stationery from the prison shop if you wish to send letters. The availability of these items may vary between prisons, so you should check with prison staff.
Prison authorities may open, read and, where necessary, censor a prisoner’s mail. As a result, letters may be delayed by several days or, in some cases, up to a week, depending on staffing levels and the volume of correspondence being processed.
Telephone calls
There is no formal telephone system in Namibian prisons. However, prisoners may be able to make phone calls by arrangement with prison officials.
Medical and dental treatment
Your basic healthcare needs must be met while you are detained in Namibia. Prisoners have access to medical staff, although urgent cases are prioritised. Dental care is available, but appointments are limited and may need to be scheduled in advance. You can request medical or dental treatment by speaking to a prison official or submitting a written request.
Medication and treatment provided through the prison system are free of charge. Common medications are generally available, although specialist medication may require referral to an external healthcare provider. If treatment or assessment is not available within the prison, you may be referred to a government hospital. Prisoners are generally not allowed to access private healthcare, although exceptions may be considered on a case-by-case basis. Basic eye examinations are available, and glasses may be provided if they are medically necessary.
Treatment for a new illness or condition
Speak to a prison officer or your social worker if you need medical or dental treatment. Doctors may not visit smaller prisons every day, so it is important to submit your request as soon as possible. Prison doctors provide care similar to that of a UK GP. If you have a complex or unusual condition, you may be referred to a specialist outside the prison.
Treatment for existing conditions
If you wish, the British High Commission can try to ensure that the prison authorities are aware of any existing medical or dental conditions. With your permission, we may also contact your GP in the UK to help arrange for your medical records to be shared with the prison. If your condition cannot be treated in prison, you may be transferred to a hospital under police guard.
Drug and alcohol addiction
Namibia offers specialist facilities and rehabilitation programmes for prisoners with drug or alcohol addictions, both within the correctional system and through external organisations. Speak to the prison doctor to find out what support may be available to you.
Mental health care
Speak to the prison psychologist or doctor as soon as possible if you feel you need mental health support, for example if you are experiencing depression or anxiety. The prison may be able to recommend adjustments or treatment to support your wellbeing.
Emergency trips outside prison
You may be able to apply for temporary leave from prison within Namibia in exceptional circumstances, such as the funeral or critical illness of a close relative.
Food and diet
Prisoners are normally provided with two meals a day. Prison food is mainly maize-based and may contain limited amounts of protein, fruit and vegetables. To avoid the risk of malnutrition, you may need to supplement your diet by purchasing additional food from the prison shop if you have funds available. Clean drinking water is generally available, although quality may vary between facilities.
Special diets
Special diets may be available for medical or religious reasons.
Prison shop
Most prisons have a shop that opens on designated days. Prisoners may be able to buy additional food, toiletries and other approved items. Ask prison staff for details of opening times and available products.
Shower and hygiene
Prisoners are usually able to shower or bathe two to three times a week, depending on the facility. Washing/bathing/toilet facilities are communal and may be overcrowded. Basic (low quality) toiletries are normally provided by the prison, although you may choose to buy additional items from the prison shop if you have funds available.
Work
Prisoners can work while in prison, although work is encouraged rather than compulsory. Jobs that may be available include cleaning, kitchen duties, maintenance and agricultural work. Opportunities are limited and are usually assigned based on availability. While language skills are not a strict requirement, they may affect the type of work you are offered. Prisoners who work may receive a small allowance, and working hours typically range from four to six hours per day, depending on the availability of work within the prison.
Books, languages, activities
Prisoners can spend their time reading, studying and taking part in organised activities. You can mix with other prisoners during scheduled activities, meals and recreation periods, and contact is generally only restricted if it breaches prison rules. English is widely spoken by prison staff, which may make communication easier for English-speaking prisoners.
Prisoners are not allowed to have mobile phones, although they may be able to watch television. You are encouraged to take part in cultural and social activities, as participation can have a positive impact on your prison record.
Most prisons have libraries with a selection of English-language books and magazines. You may also be able to order books from approved publishers or subscribe to newspapers and magazines, but you should always seek permission from prison staff before placing an order.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Courses and study
Prisoners may be able to continue their education while in prison, including studying towards Grade 11 qualifications, undertaking vocational training, or completing university courses through institutions such as the University of Namibia (UNAM) and the Namibian College of Open Learning (NAMCOL). Most courses are delivered in English, so a basic level of English is usually required. Distance learning opportunities may be available, and prisoners may, in some circumstances, be allowed to use laptops and access the internet for educational purposes in line with prison regulations and relevant court rulings.
Exercise
Prisoners are entitled to at least one hour of outdoor exercise each day. The facilities available vary between prisons, but physical activity is generally encouraged as part of rehabilitation programmes. Some prisons may also offer organised exercise and recreational activities.
Clothing
You will normally be provided with a prison uniform, which must be worn throughout your sentence except in certain circumstances, such as court appearances. The uniform may not always be suitable for the weather, particularly during the colder months. If you are on remand, you may be allowed to wear your own clothing. In some prisons, approved additional clothing may be purchased from the prison shop. Clothing that resembles staff uniforms, is associated with gangs, or poses a security risk is not permitted. Clothing sent from outside the prison is generally not allowed.
Religion
Prisoners are generally able to practise their religion while in prison and can attend religious services where these are available. You can ask to speak with a religious leader if you would like spiritual support. While most prisons do not have full-time religious staff, visiting clergy and volunteers may provide religious services and pastoral care. Religious texts, such as the Bible or Qur’an, are usually available, and prisoners are normally permitted to keep approved religious materials.
Mobile phones
Prisoners are not allowed to have mobile phones while in prison. If a mobile phone is found in your possession, it will be confiscated. Possession of a mobile phone may also result in disciplinary action and could lead to additional criminal charges or an extension of your sentence.
Transferring to another prison
Transferring to a prison in the UK
The UK and Namibia do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.
Transferring to a prison within Namibia
You can apply to be transferred to another prison within Namibia. If you wish to do so, you should speak to your lawyer about the application process. Prisoners may be transferred for a range of reasons, including security requirements, medical needs, access to rehabilitation programmes, or overcrowding. Transfers are managed by the Namibian Correctional Service and must be approved through internal procedures. In most cases, you will be informed in advance of a transfer, although urgent transfers may take place without prior notice.
Early release
Namibia provides several forms of early release, including remission (a reduction in sentence), parole, day parole, temporary leave and presidential pardon. Each option has its own eligibility criteria and conditions, with decisions based on factors such as good behaviour, participation in rehabilitation programmes and considerations of public safety.
Early release is not automatic and applications are assessed on a case-by-case basis. If you wish to apply for early release, you should seek advice from a lawyer about the options available to you and the application process.
Reduction of sentence (remission)
Namibia allows for the remission of sentences as a way of encouraging good behaviour and participation in rehabilitation programmes while in prison. If granted, remission can reduce a sentence by up to one-third. However, eligibility is subject to specific criteria and depends on factors such as sustained good conduct, active participation in rehabilitation activities, and compliance with any supervision requirements. Remission is not automatic and is considered on a case-by-case basis.
Clemency or pardon
Namibia’s legal system provides for clemency, which includes pardons, reprieves and the commutation of sentences. The power to grant clemency rests with the President of Namibia under the Namibian Constitution and the Correctional Service Act.
The President may grant a pardon, reprieve or reduce a sentence at any time to a person convicted of an offence. Applications for clemency can be made by the convicted person or submitted on their behalf by family members, friends or other representatives. Any application will be considered through the appropriate legal and correctional processes before a recommendation is made to the President for a final decision.
How to apply:
An application for a pardon or reprieve is formally made to the President of Namibia, but it is processed through the correctional system before a final decision is reached:
- the application is first submitted to the Officer in Charge of the correctional facility
- the Officer in Charge forwards the application to the National Release Board for consideration
- the National Release Board reviews the application, considering factors such as the nature of the offence, time served, the inmate’s conduct, potential risk to society, and, where applicable, the views of the victim
- the Board then makes a recommendation to the Commissioner-General of Correctional Services
- the Commissioner-General adds their comments and forwards the recommendation to the Minister of Home Affairs, Immigration and Safety and Security
- the Minister, with their own comments, submits the recommendation to the President for a final decision
Release and deportation
If you are due to be released from prison, you should contact the British High Commission before the end of your sentence. They can explain the deportation process, discuss what support may be available to you, and provide information about the assistance offered by Prisoners Abroad.
Deportation
It is standard practice for foreign nationals who have committed offences in Namibia to be deported after they have completed their sentence. Foreign prisoners whose legal stay in Namibia has expired and who do not have valid travel documents may be handed over to immigration authorities upon release. They may then be held in a deportation facility while travel documents are arranged and deportation procedures are completed.
The British High Commission in Windhoek will normally contact British prisoners before the end of their sentence to explain the deportation process and the support that may be available through Prisoners Abroad.
If you are a long-term resident of Namibia, including someone with permanent residence, employment or another long-term permit, you are not automatically entitled to remain in the country after serving a criminal sentence. Whether you are allowed to stay will depend on the nature of the offence, your immigration status and decisions made by the Namibian authorities under the Immigration Control Act.
Flights to the UK
If you are deported from Namibia, the Namibian authorities will normally arrange and pay for your deportation flight to the UK.
Getting a passport
Before you are released, make sure your British passport is valid and contact the British High Commission so they can inform the relevant UK authorities of your return. If you do not have a valid passport, or if your passport has expired, the British High Commission may be able to assist you.