Guidance

Information pack for British nationals arrested or detained in Slovakia

Updated 20 October 2022

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

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

You can contact the British Embassy Bratislava by phone on +421 259 982 000 or by sending a letter to British Embassy Bratislava, Panska 16, 811 01 Bratislava

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 Slovakia, notification by the authorities to the consulate normally takes place within several days after arrest.

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 places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Slovakia.

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 Slovakia

Visits: friends and family

Who can visit and how to arrange visits

Arrangements to travel to Slovakia to make a prison visit should never be made until it is clear that a permit has been issued and an appointment has been made. Doing so can only result in disappointment. Those who wish to visit must first obtain a visit permit.

In order to receive a visit by someone, you must apply to the prison authorities (social worker) for a permit for your visitor(s). When the permit is issued, you have to send it to your visitor(s).

Remanded in custody

You need to fill in an application for a visit approval and hand this application to the Prison service workers in an unsealed envelope. They will set the date of the visit. They will also stamp the envelope, seal it and send it to the address you stated on the envelope. Immediately after you are told the date for the visit, you may write to the visitors to make necessary arrangements..

If you were remanded in custody because of the concern that you will influence the witnesses who have not yet been heard or that you will otherwise interfere with the investigation, your application needs to be sent to the investigating authority and they will set the date of the visit. A prison guard may also be present during the visit.

Sentenced

Each prison has its own internal regulations. You have the right to have a visit, in the time agreed by the prison director, for a maximum of 2 hours a month. You must apply to the prison authorities for a permit for your visitor(s). When the permit is issued, you have to send it to your visitor(s). Visitors must identify themselves when they arrive at the prison by showing a picture id. (e.g. passport).

What to expect when you visit

Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport). This is held by the prison and returned at the end of the visit. Most visits are supervised, and a guard may be on standby during the meeting.

What you can take on your visit

Visitors are not allowed bring anything to the prison. If the visitor wishes to contribute to your prison account or send other comforts, they can only do so by post. Please ask your prison for further details.

Visits: consular staff

We will make contact with you as quickly as possible once we are informed of your arrest. If you wish to receive a consular visit, consular staff will visit you as soon as possible either in person or via Skype after being notified of your arrest. Thereafter we would normally visit once a year during your time in detention unless special circumstances require further visits.

You can write to us at any time on matters of concern (British Embassy Bratislava, Panská 16, 811 01 Bratislava – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf).

Emergency trips outside of prison

Emergency trip outside of prison if an urgent situation arises (such as funeral of next of kin, birth of a prisoner’s child, etc…) is only possible by a decision of the prison director on individual basis and only for sentenced prisoners.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Upon arrival at the police station, you will undergo a personal check for security reasons and all your personal belongings will be taken from you; however, they should not be placed out of your sight. If you do not speak and understand Slovak, you can benefit from an interpreter. The police headquarters have their own cells where they arrest any suspected offenders before initial statements and before onward transition to formal prison. You will be allowed a telephone call to a family member or friend advising of your whereabouts, providing that there are no legal restrictions in place. At this point you should also be given the opportunity to advise the Consulate of your detention.

If this phone call is within Slovakia, you will be allowed to use the landline at the police station. If this is a foreign phone call, you will be allowed to use your mobile phone.

You have to be informed of your basic rights at the detention (listed below), the criminal offence that is being investigated and how long are you going to be detained and the police detention cell. You have a right to have an interpreter free of charge– i.e. this information has to be provided in a language, you understand. There has to be a written record of the police informing you of these rights.

Your basic rights at the detention are:

• a right to contact/inform you family/close person of your detention, this should happen within 3 hours of your arrest

• a right to see a doctor. You can ask to see a doctor during the time of your detention. The doctor will be allocated by a police officer or a state prosecutor

• a right to talk to your lawyer. The meeting/phone call with your lawyer can’t take longer than 30 minutes and is private (police officers are not present/can’t listen to the call). You can choose your own lawyer, otherwise you will be allocated a state lawyer (so called “ex offo defense lawyer”). You can contact your lawyer immediately after your admission to the detention cell, unless you are subject to the investigation of a criminal offences connected with organised crime, dealing with narcotics or terroristic activity – in such instances you can talk to your lawyer after 48 or 72 hours

• a right not to make a statement

• a right for your Consulate/Embassy to be informed of your detention

Appearing at court

The purpose of this first court hearing is to inform you of all criminal offences you are accused of. You have a right for your lawyer to be present. Court appointed lawyers (ex offo) are not required to speak English, therefore you have a right to be assisted by an interpreter, if you do not speak and understand Slovak.

Read more information about the Slovak judicial system

Initial arrival at the prison

Your personal belongings will be taken from you and safely stored at the prison. You will undergo a medical check shortly after your arrival at the prison. If you rely on medication you have brought with you (e.g. insulin etc.), inform the doctor during the medical check of this fact. You can’t keep and use your own clothing, you will be given prison clothing. In Slovakia you do not have the right to make a telephone call when you are put in prison. However, you can ask the prison social worker (‘sociálny pracovník’) to inform your next of kin. He can do this directly or he can call the Embassy and ask us to pass on a message. If you wish to make a telephone call yourself, you must apply to the investigating police officer or judge for permission. The prison social worker may be able to help you.

Prison: conditions and daily life

The prisons in Slovakia are generally in good condition.

Accommodation

A minimum of 3,5 square meters is the space guaranteed for each prisoner by law in the cell, 4 square meters for a minor. There is a bed with a mattress, pillow, blanket and sheets.

There is a table and a chair in each cell, a washbasin with drinking water, radio, electric light and a signal alert equipment (so that the prisoners can call the guards at any time). There is a locker assigned to every person, where they can keep their personal things, clothes, toiletries. Usually there are 4-5 prisoners in one cell.

There is both natural light and electrical lights in cells.

Prisoners on remand and sentenced prisoners are held separately.

Food and diet

The prison authorities have assured us that they provide a balanced diet to prisoners generally three times a day to prisoners. A special diet can only be approved where the prison doctor gives his authority on medical grounds. Vegetarians may fall into this category. If your religion requires you to have a special diet this is usually allowed. You can supplement your diet by buying additional food at the prison shop. Drinking water is available.

Hygiene

Prisoners can generally shower 2 times per week. If they work, they are allowed to take showers more frequently. Some cells have showers, but typically, there are shared showers. There is a separated toilet in each cell. . Strict hygienic rules apply to all prisoners. You will be provided with cleaning and disinfecting products by the prison. Slovak prisons also provide you with a pack of the most basic toiletries (soap, toilet paper, sanitary napkins) twice a month. Other hygiene products must be applied for in writing.

Work and study

It is difficult for the prison to supply work to all prisoners because there is often not enough jobs available. Sometimes this means that only about half of the prisoners in a prison will be able to work so you may have to wait before a suitable job is found. For some jobs you will need to speak Slovak, for health and safety reasons. You are insured at work under the Slovak social security scheme.

The prison offers educational, leisure and sports activities/courses. The prisoners have a right to study while incarcerated and access the relevant literature (they can either use the prison library, or they can receive mail with study materials or items needed for sports activities – depending on their size and storage capacity in the prison.

You may also request for English language magazines, newspapers, books, language materials, and a regular newsletter from Prisoners Abroad (please see the information on Prisoners Abroad charity at the end of this document).

Prisoners can also use board games provided by the prison.

Contact and languages

There is a difference in what part of the facility the prisoner i: there is a difference between minimum and maximum security facilities with more strict measures for prisoners with serious offenses and lighter measures and free movement within the facility for less serious offenses.

The prison generally allows foreigners of the same nationality, speaking the same or similar language to be accommodated together.

The prison guards do not usually speak English in Slovakia, however the prison tries to allocate an English speaking social worker (if available) to prisoners. The Slovak language lessons/courses are usually not offered, but prisoners can educate themselves by borrowing books from the prison library or order materials at their own expense or perhaps requesting them from Prisoners Abroad.

At their own expense, prisoners can use a prison phone at least twice a month for a minimum of 20 minutes at a time allocated by the prison to maximum5 persons, whose name, address and telephone number need to be stated on a prisoner’s written application. Most prisons allow the prisoners to maintain regular contact with their families and friends.

Prisoners can call their lawyer at least once per a week and the prison can allow for a more frequent contact once the prisoner submits written application.

Apart from the calls with the lawyer, the prison is entitled monitor and record the other phone calls, to prevent and tackle the terrorism and organised crime, as a part of the investigation of the criminal offence or to maintain the safety and security of the prison and people in it.

There is no internet access for prisoners in prisons.

Prisoners have a right to write and accept letters (without limitation) and packages (adults once per three months, minors once per month).

Apart from the letters from prisoner’s lawyer, President of the Slovak Republic, SK National Council, SK Government Office, SK Ministry of Justice, SK General Prosecutor’s Office, Public Human Right’s Defender’s Office or the diplomatic mission or Consulate of a Foreign state, the prison can open and monitor prisoner’s correspondence.

At their own expense, prisoners can usually use their own radio and TV in a time aligned with the prison daily regime. These devices have to be checked by the relevant authority before the prisoner is allowed to use them.

At their own expense, prisoners can order newspapers, magazines and books with the exception of materials that promote national, race, ethnic or religious discrimination, Nazism and supress the rights and liberties of human beings, or promote violence or describe the preparation and use of narcotics, poisons, explosive, arms or munition.

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

Exercise

Prisoners are permitted to go outside for at least one hour per day in a time and at a space allocated by the prison. Prisoners are generally able to use exercise facilities, at set times allocated by the prison.

Climate

The climate in Slovakia is not very different from the climate in the UK. Slovakia has a mild continental climate, with four seasons: winter (December, January, February), spring (March, April, May), summer (June, July, August), and autumn (September, October, November).

Weather appropriate clothing is provided by prison.

Religion

Prisoners are entitled to take part in religious services provided by the prison. Ministers of faith of the church, or religious group officially registered in Slovakia, can visit prisoners. Most of the facilities are staffed by religious ministers.

Rules and regulations (including drugs)

Prison rules and obligations are explained to prisoners in detail.

Prisoners have to:

• follow the instructions of the prison guards
• undergo a personal spot check and a check of prisoner’s belongings
• undergo a medical check upon their arrival and also at any time during the prison in case there is a concern of them being under influence of drugs
• undergo identification proceedings
• comply with hygienic and anti-pandemic regulations and requirements
• demonstrate polite behaviour and manners
• carry the prisoner ID at all times while outside their cell

Prisoners can’t:

• accept prohibited correspondence or items
• enter and move around the prison without the presence of the prison guard apart from the allocated areas
• tattoo themselves/others, pierce themselves/others or do any other actions to disrupt the physical integrity of themselves/others
• produce, keep and use drugs
• produce and keep items, that could be used to harm other persons, property or to escape
• take part in hazardous games (for money, items or services)
• do any actions that threaten or degrade human dignity
• keep any items promoting national, race, ethnic or religious discrimination, Nazism or any ideology supressing rights and liberties of human beings, violence, cruelty or describing the production of arms, ammunition, explosives, drugs, poisons

There is a system of disciplinary rewards and punishments for good and bad behaviour in place in Slovak prisons.

Typically, a prisoner can be rewarded for performing a heroic act, like saving someone’s life or property or an exceptional performance of bravery and effort.

There are four forms of disciplinary rewards:

• a recognition
• an extra visit
• an extra phone call
• an extra parcel up to 5 kilograms of weight (the parcel can’t contain valuables, alcohol, medicines, drugs, poisons, arms or ammunition)

Disciplinary punishments are used for not complying with the prison regime, rules and regulations.

They can have five forms:

• a reprimand
• a restriction on shopping (apart from the basic items)
• a restriction radio or TV usage
• confiscating an item
• all day confinement in a disciplinary punishment cell for up to 10 days
• all day confinement in an isolation cell for up to 10 days

The prison can do a spot check for drugs at any time, including a medical check if there is a concern that the prisoner is under influence of drugs.

Safety in prison is not usually an issue in Slovakia.

If you have any safety issues, you should notify the prison guards and/or the prison director without any delay. They can also contact your lawyer and Embassy/Consulate.

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

You can receive money directly from your family members, who send funds to the prison bank account. All details are clearly explained by the prison upon your arrival to the prison.

For a faster process and for prisoners to be able to access their funds quicker, we encourage family members to use the option of transferring funds directly to the prison. The prison facility should inform you on how your approved contacts can transfer funds to your account through the prison and provide you with the necessary bank details. In case you are not informed, please ask a prison officer for more information.

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.

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.

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 donations from other sources.

Medical and Dental treatment

While you are detained, Slovakia is responsible for ensuring your basic medical needs are met. Healthcare in Slovakia is generally good.

If you need medical or dental treatment, you should make an appointment to see the prison doctor or dentist. In some large prisons, it can be difficult to get an early appointment but if the situation is urgent, you should contact the prison social worker (supervising prison guard) who may be able to get you an earlier appointment or write to the Embassy.

Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison.

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

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

There is usually no limit to the number of letters you may send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. All correspondence is checked for items which are not allowed and some mail can also be read. Correspondence with your lawyer does not go through the court and cannot be read.

Mark envelopes to your lawyer with the words ‘Pre Pravnika’ which means ‘for lawyer’.

You can also send written correspondence to our consular staff, who will reply to your written correspondence within our target of 20 working days (excluding postage time).Letters to the Embassy may also be read. We are not permitted to forward any mail on your behalf. Please do not enclose other mail in your letters to us. Prisoners Abroad should be able to help with stationary or contacting family members if necessary.

Remanded in custody

The judge has the right to limit your correspondence or stop the forwarding of letters, if he thinks they might affect the legal proceedings. If he withholds a letter as evidence, you will be informed in writing that this has happened. Your incoming and outgoing letters must go through the court and be translated (and censored if deemed necessary) before they reach you.

In practice, this means that delays of up to 4-6 weeks can occur, particularly around Christmas and Easter. You should not discuss your case in private letters.

Sentenced

Your mail is not subject to the same censorship so delays are minimal. You may receive one parcel every 3 months, not exceeding 5 kilograms in weight. Parcels must contain a list of contents and bear the name and address of the sender.

You must apply to the prison authorities to receive a parcel and you will be given a special label. You should send this to the sender of the parcel. On the back of the label is a list of items which cannot be sent.

The prison can provide a full list of prohibited items, which can include:

• valuables
• alcohol or other drinks
• drugs
• arms or ammunition
• perishable items
• toiletries (deodorants etc)
• spray cans
• materials promoting national, race, ethnic or religious discrimination, Nazism or any ideology supressing rights and liberties of human beings, violence, cruelty or describing the production of arms, munition, explosives, drugs, poisons
• all forms of spices and vegetables
• tea bags
• cans, bottle or tubes of preserves
• all forms of medication, including vitamins and sweeteners
• inflammable substances

If you want to have a radio player, check whether the prison authorities accept it before anyone sends one. Most prisons have approved suppliers for purchasing radios. Check with the supervising prison guard (social worker) for approved suppliers or on the procedure for getting approval for your request. You may have to pay to have the electrical equipment modified, so that it cannot pick up police broadcasts.

If you are not sure whether an item is allowed, check with the social worker before asking for it to be sent. If not, you may find that you are not allowed to receive all or some of the contents of the parcel containing a prohibited item.

The parcels are inspected with you present when they arrive at the prison. Certain items may be dissected to make sure that no prohibited items are being hidden. The prison authorities reserve the right to refuse a parcel which does not conform with the prison guidelines.

Telephone calls

Once you are placed in a prison, you can submit a request to use the prison telephone.
You need to ask the social worker for the application form.

There are specified times when the telephone equipment can be used. You need to follow the telephone operational rules that are usually displayed next to the equipment.

If you are sentenced with more relaxed conditions you can make phone calls during your free time with no time limit, however you need to make sure not to prevent other prisoners from using the phone.

If you are sentenced with standard conditions, you can make phone calls twice a month. The duration of a call cannot exceed 20 minutes.

Credit for making calls can be purchased through the telephone equipment by cashless payment.

You can’t keep your own mobile phone. It will be taken off you when you first arrive at the prison.

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.

A prisoner has a right to be protected against violence and any actions that are degrading his/her human dignity.

If a prison guard or any other prison staff notices or gets notified of any breach or has a concern of a breach of the above prisoner’s right, he has to act for these actions to stop without any delay and to notify the prison director or any other competent superior of it.

The prisoner can also ask to talk to the prison director, or with a competent prison staff appointed by the prison director to do so.

The prisoner has a right to submit applications and complaints to the Slovak authorities, relevant for dealing with complaints related to the protection of human rights, as well as to international authorities and organisations, which are relevant for dealing with complaints related to the protection of human rights according to international treaties, to which the Slovak republic is party to. The prison is obligated to ensure the despatching of such complaints/applications without any delay and without enquiring, who is the sender.

Your legal representative is best suited to advise you, regarding organisations/authorities should you address.

Chapter 3: The Slovak judicial system

Overview

The Slovak legal system follows Slovak Criminal code.

The way your case is dealt with depends on its seriousness. There are two types of offences; major offences (‘trestný čin’) and minor offences (‘priestupok’). Minor offences are dealt within the Local State Court (‘Okresný súd’) and more serious ones in the Regional State Court (‘Krajský súd’).

The Slovak justice system is normative rather than jury-based. This means that Judges are responsible for carrying out a wide-range of enquiries in order to make a file on the case. The Judge’s decision will be based upon this case file. The trial is the final act after the investigation is over. The Judge will ask most of the questions in Court. There will be no jury, only two deputies, however the process is fair where Judges have to abide by the laws when arresting someone and proceeding with a case with terms and conditions also stated by the law. There are two main acts, which give clear instructions on what a crime is and how a case should be handled. They are:

Trestný zákon (Penal Code) – definition of a criminal act and the seriousness of the threat to society

Trestný poriadok (Penal Order) – stating the conditions of detention, remand, arrest, and limits of punishment

If a foreigner breaks local laws or regulations, Slovak authorities tend to follow the ‘fast-track’ approach. This means that you could be detained, questioned, tried and sentenced by a Court / Magistrate, within just a couple of days, without legal representation. You can then appeal against that Magistrate’s order. If you cannot afford a lawyer, the Court will appoint one for you during the subsequent appeal process, if required by the law. If you wish to have legal representation throughout the procedure, you can opt for one of the lawyers in the list below, or ask the British Embassy for help.

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

You are arrested when a custody order requests your detention. If there is no custody order, the Public Prosecutor or the Police can order temporary detention. This is done when there is a reason for issuing a custody order but there is a delay in obtaining one. There is a general right to arrest when one of the following applies:

i) a person is caught or pursued in the act of committing an offence

ii) if it is suspected that the person is going to flee

iii) his/her identity cannot be established

If you are taken into temporary detention, you must be formally accused within 24 hours of your arrest. The judge must either order your release or issue a custody order within 48 hours. If the Judge and the Prosecutor think that further investigation is necessary and the case against you is strong, your temporary detention can be extended to 6 months or more.

You should be informed of your rights and the reason for your arrest before any further questioning takes place. An official translator should be present at all times. You can ask for your lawyer to be present; however, you are not always entitled to have a lawyer if you cannot afford one. It is only in more serious cases and at a certain stage of proceedings, when the Judge has to appoint you a lawyer if you don’t yet have one; this is usually after the first 48 hours of your detention.

The Custody Order

A custody order must set out:

• personal details of the accused
• the offence you are suspected of committing
• when and where the alleged offence took place
• the statutory constituents of the criminal offence
• the criminal law provisions applicable

It must also state:

• the reason for detention
• the facts which led the authorities to believe an offence had been committed and for which you are being detained

Appeal against detention (‘Odvolanie’)

In the first instance, you may appeal to the Regional Court (‘Okresný súd’). If this appeal is unsuccessful you may appeal to the Higher Regional Court (‘Krajský súd’). The last and highest instance to which you can appeal is the Supreme Court. You may apply at any time for a review of your detention, although there is a regular automatic review every three months.

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

How long you can be remanded in custody

You can only be remanded in custody for more than six months when:

• you are suspected of having committed a serious crime
• extensive investigations are required
• another important reason is given

If any of the above applies, your case must be placed before the Higher Regional Court.

If the Higher Regional Court orders further detention it must be satisfied that:

• there is a strong suspicion that an offence has been committed and that if released, you would flee
• your conduct suggests the suspicion that upon release you might tamper with evidence, influence witnesses or affect the proceedings in other ways and make the investigation more difficult
• if you are charged with offences and there is reason to believe that you will continue to commit these offences if you are released

In practice, this often means that an accused person who is not resident in Slovakia will have little chance of obtaining bail because the authorities will be concerned about fleeing the country.

Prisoners on remand and sentenced prisoners: differences

Prisoners on remand and prisoners with a sentence are held separately. The prison and your legal representative will inform you on the detailed conditions/regime in your facility.

After you are charged

Once formal charges have been set, the detainees are informed of their rights. They have a right for an interpreter to be present if they are charged in a language they do not understand. The legal representative is best suited to advise the detainee on all the details.

Bail

The accused may be released whilst awaiting trial provided:

• the court accepts a guarantee of association with a reliable person
• the accused must promise in writing that s/he behaves in an orderly manner and will not commit any penal activity or crime
• the court accepts a financial guarantee with the amount and type to be established by the trial judge

None of the above applies in the case of serious and, intentional criminal acts.

If bail is granted, the accused may be forbidden to leave the territory of Slovakia, to keep a firearm, to contact certain people. The accused may be ordered to stay in a designated area, to check in regularly at a place designated by the court.

The FCDO cannot transfer bail funds.

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. Any service fees and representational costs must be covered by you. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

Please note that the Embassy cannot advise on the person or appoint a legal representative on your behalf, and cannot cover any legal costs.

Normally, if you employ a private lawyer he/she will ask for a large advance on his estimated legal fees (which may be very high) before he will take on your case.

If you do not have a private lawyer, the court will appoint a legal-aid lawyer free of charge or you can apply at any time for a legal aid lawyer through the prison social worker.

Trial

Each case is different and it takes a different length of time before it is brought to trial depending on the length of the investigation. Please consult your legal representative for more detailed advice and updates on your case.

You have the right for an interpreter to be present at all stages of the trial.

Preliminary hearing – the Court will review the indictment and assess whether the evidence was gathered in accordance with law. The court will confirm your plea. If the court finds serious flaws with the indictment, the case could be returned to the prosecutor. Otherwise, the court will set the hearing date for your trial.

At the main trial, the prosecutor will start by reading all charges against you. Before you are heard, the court will remind you of your rights, and you may then be asked to give your explanations in relation to the accusations you are facing. The prosecutor will present evidence that you committed a crime. You are entitled to comment and ask questions about every item of evidence. You can then present evidence which you think is important to your defence and call any witnesses.

There isn’t a jury, only a main judge and a panel of usually three other judges.

You and your lawyer have the right to question all witnesses in your case.

The decision is usually handed down immediately after the end of your trial, the judgement will be delivered to you, if you are not present at the trial. The judge has 30 days to produce a written judgment. You have the right to receive a copy of the judgment in your language.

Sentences

Your actual sentence will depend on the seriousness of the crime and your level of involvement. In Slovakia sentences vary greatly depending on the type of offence, which is set out by Slovak law. The highest sentence in Slovakia is a life sentence.

Appeals

If you are not happy with the court decision, you can appeal against it within 15 days from the date the decision was made (if you were present at the main hearing), or 15 days from the date of the receiving of the decision to you (if you were not present). Your appeal must include the statement of reasons why you believe the court decision was wrong.

Your legal advisor will provide detailed advice on appeal process.

Reaching the end of your sentence

Reduction of sentence / early release

In Slovakia, the law makes a provision for the early release of prisoners serving a sentence.

Courts can consider early release when you have served at least half of the sentence (in a less serious offences), two thirds of the sentence (crimes), three quarters of the sentence (serious crimes) and at least 25 years of the life sentence, and you have not been sentenced and imprisoned before. The authorities have advised us that although you may apply for early release at any time, you have to serve at least a half of your sentence. There must also be extenuating or mitigating circumstances for an application to be successful. For your benefit under this provision it is important that your conduct whilst in prison is good.

Clemency or pardon

Pardons and clemencies are decided upon by the head of state. An application must be submitted and is usually produced in cooperation with your lawyer. It is important to note that application for clemency automatically puts on hold processing prisoner transfer applications.

Financial penalties

This depends upon the individual case, your legal representative will provide advice.

Transfer to another prison within Slovakia

If you have been tried and convicted you will be sent to a prison where you can expect to serve your sentence. Transfers to prisons in other Slovak regions are only permitted when there are exceptional and compassionate reasons for doing so, or if there is a medical need for it.

Transfer to a prison in the UK

Bilateral prison transfer agreement is in place between the UK and Slovakia. Under certain conditions, people who have been given a custodial sentence in a country other than their own are allowed to be transferred to their home country and to serve their sentence there

To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

Who has to agree to the transfer?

A transfer requires:

• the consent of the person concerned (you) or that of your legal representative, where applicable
• the consent of the State where you were sentenced
• the consent of the country to which you wish to be transferred

What sentence would I serve after being transferred to the UK?

The maximum sentence you would serve is the amount of your original sentence which remains after deducting any remission earned in Slovakia up to the date of your transfer. If the sentence imposed in Slovakia is longer than or of a different nature to the sentence you would receive for the same offence in the relevant part of the UK, it would be adapted to the nearest equivalent sentence available under the law of that part of the UK – without being longer or more severe than your original sentence in Slovakia.

To find out more about transfers to the UK

In prison abroad: transfer to a UK prison

Prosecution for other offences

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

Pardon, Amnesty and Commutation

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

Review of original judgement

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

Termination of enforcement

If for any reason whatsoever the sentence which was imposed in Slovakia ceases to be enforceable in Slovakia, the UK authorities would release you from the sentence being served as soon as they were informed of this. Similarly, if the sentence being served in the UK ceased to be enforceable in the UK, you would not have to serve the original sentence imposed in Slovakia if you should ever return there.

Please consult your legal advisor on how to submit a request / who to submit a request to in Slovakia.

Release and deportation

Foreigners are not automatically deported after completing their sentence, unless deportation is in their sentence.

Foreigners with a residence permit in Slovakia cannot be deported, unless they pose a threat for the security and order of Slovakia.

The deportation (if a part of the sentence) is conducted by the Slovak Police in cooperation with the Ministry of Justice – Prison and Court Guard Service.

The Embassies/Consulates are not automatically notified of the deportation of foreigners – the law does not obligate the Slovak authorities to do that, however they can be informed by the prisoner’s legal representative or the prisoner himself and can liaise with the authorities to obtain more information..

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 take a shower, 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 your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare 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

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays and Tuesdays 9:30am to 6pm (UK time)

Wednesdays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Key phrases: English into Slovak

police	polícia
officer	príslušník
detention/arrest	zadržanie
cell	cela
detention cell	cela predbežného zadržania
lawyer	právnik, advokát
court	súd
judge	sudca
sentence	trest
plea	priznanie
guilty	vinný
innocent	nevinný
remand/collusion custody	vyšetrovacia, kolúzna väzba
prosecutor	prokurátor
witness	svedok (male) svedkyňa (female)
legal proceedings	právne konanie
criminal proceedings	trestné konanie
trial	súdny proces
court hearing	súdne pojednávanie
indictment	obžaloba
convicted	usvedčený
acquitted	oslobodený
prison	väzenie, väzba
guard	stražca, dozorca
director	riaditeľ
visit	návšteva
phone	telefón
phone call	telefonát
money, funds	peniaze
contact	kontakt
family	rodina
friends	priatelia
embassy, consulate	ambasáda, konzulát
month	mesiac
day	deň
hour	hodina
date	dátum

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

list of English-Speaking Lawyers

list of Translators/Interpreters

Prisoners Abroad Forms