Guidance

Trinidad and Tobago: prisoner pack

Updated 1 August 2023

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: Support for British nationals abroad.

This prison information pack aims to give you, and your family and friends, information about the local system in Trinidad and Tobago and who can help.

Consular staff from the British High Commission Port of Spain can provide a printed copy to those in prison or in custody.

Contacting us

If you are arrested or detained in Trinidad and Tobago:

• 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.

British High Commission
19 St Clair Avenue
Port of Spain
Tel: + 1 868 350 0444 (option 2, then option 1)
Fax: + 1 868 350 0426

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 Trinidad and Tobago, notification by the authorities to the consulate normally takes place by the next working day or can be several days after arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters
• 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 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 update them 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 Trinidad and Tobago.

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 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.

Detention conditions in Trinidad and Tobago

Who can visit and how to arrange visits

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

We advise the family to contact us in advance so that we can inform the prison authorities and work on the visiting programme. Consular officers will accompany your family during their first visit to the prison. Additional visits by your family will be unaccompanied.

To receive visitors you should provide the prison with the names of the people visiting you, so that they can be added to the prison visiting list. We will provide information on visiting procedures and details of what visitors can bring if your family decide to visit you in Trinidad and Tobago.

You can only receive visits from family members and friends.

Remanded prisoners are allowed 2 visits per week and sentenced prisoners are allowed 1 visit per month. When family members visit from the UK, consular staff can try to arrange extra visit days. These are given at the discretion of the prison authorities.

A maximum of 2 family/friends can visit at the same time. Visitors must present a valid form of picture identification for the visit. Accepted identification documents include a Trinidad and Tobago National Identification Card, a driver’s permit, or a passport.

What to expect when you visit

According to the Trinidad and Tobago Prison Service, “All Offenders are entitled to visits. In accordance with Rules and Regulations, visits differ in frequency and duration, based on offenders’ classification and status.”

Ordinary visits are conducted in sight and hearing of visit officer, the prisoner will sit on one side of the table and visitors on the opposite side.

Legal visits are conducted in sight but not within hearing of the visit officer.

All visitors and anything in their possession will be subject to a search.

Visits can last between 15 to 20 minutes. However, if a family member has travelled from abroad, they can arrange with the Consular Officer to request more time.

Prison guards will be present during the visit and are able to listen-in on conversations.

Visitors must comply with the prison’s strict dress code and can be refused entry if they do not comply. Visitors are not permitted to wear:

• slippers
• cycling shorts or spandex pants or leggings
• track suits (tops and trousers)
• distressed clothing (cut up)
• sleeveless vests and tops
• transparent or revealing clothing
• three-quarter length pants or short pants
• hats and head coverings (excluding religious head covering)
• clothing that makes explicit reference to obscene language, drugs, sex or violence
• clothing identifying a specific gang by name or logo
• tops, including dresses, which expose the chest, stomach or back area

What you can take on your visit

Visitors can purchase items of food and drink for you at the prison shop, to supplement your prison meals. Items available include milk, juices, soft drinks, biscuits, sweets, peanut butter and cornflakes. Other items available are soap, laundry soap, toilet rolls, toothpaste, toothbrushes, deodorant, feminine hygiene items, flip flops and towels. The usual allowance for each purchase is 4 of any 1 item.

Fresh fruit may not be available at the prison shop, therefore, visitors can bring these items. They will be subject to search.

Visitors can be arrested and charged if caught attempting to bring to the prison:

• communication devices: cell phones, cell phone batteries, SIM cards, USB cables, chargers, cameras, or WiFi routers
• sharpened objects: razor blades, knives, daggers, nail files, ice picks, glass bottles or broken glass, cutlasses, or choppers
• alcohol
• cooked food
• unauthorised toiletries
• cigarettes
• lighters
• narcotics and illegal drugs
• hemps
• matches
• wrapping paper
• prescription drugs without approval

This list is not exhaustive and is at the discretion of prison officers.

Visits: consular staff

We will visit you every 3 months. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise. At each Consular visit, our staff will complete a visit report form. If there is any information that you would prefer not to disclose to your next of kin, you should let us know during the visit.

Consular staff can visit earlier if we are concerned about your health or welfare. You may also request earlier visits in cases of torture and mistreatment. You will not be notified of Consular visits.

You can write to us at any time on matters that concern you:

British High Commission
19 St Clair Avenue
St Clair
Port of Spain
Trinidad and Tobago

If it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

You can make emergency trips outside of prison for medical emergencies only.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Detainees will be informed of the reason for their arrest. You can request legal representation before answering questions and making a statement. Legal aid is available to detainees.

You can be held for up to 72 hours without a charge or before appearing before a judge.

You will be held in a police cell immediately after an arrest and will have access to food and water . You will not have access to a bed. If you are injured, police can escort you to a hospital for medical care.

Your personal belongings will be held at the police station.

You will not be permitted to make phone calls to family or friends. You will be permitted to contact the British High Commission’s Consular Department, who can then contact your family or friends if you give your consent. Calls will be limited to domestic numbers.

In Trinidad and Tobago, detainees are entitled to the following basic rights:

• to be informed promptly and with sufficient particularity of the reason for the arrest or detention
• the right to retain and instruct without delay a legal adviser of choice
• the right to be brought promptly before an appropriate judicial authority
• the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful
• the right to authorise a Court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination
• the right to a fair and impartial public hearing by an independent tribunal
• the right to be presumed innocent until proved guilty according to law
• the right to not to be deprived of reasonable bail without just cause

These rights are set out in section 5(2)(c) of the Constitution of the Republic of Trinidad and Tobago.

Appearing at court

You will appear before a Magistrate. If you cannot afford a private lawyer, the Trinidad and Tobago Government will appoint a Legal Aid lawyer for you if you request it.

All matters involving in criminal offences begin in the Criminal Magistrates’ Court. When you appear before the Magistrate, the process will depend on the seriousness of the charge. If the charge is one that the Magistrate’s court can deal with and the court is ready, you can enter a ‘guilty’ plea. The Magistrate can either sentence you or adjourn the case to obtain further information about you.

If the court is not ready to deal with your case because the prosecution or the defence are not ready or you are not appropriately represented, they may adjourn the case to another date.

If the court is ready to deal with the case you can enter a ‘not guilty’ plea and the process leading up to a trial will begin. Adjournments are common in Trinidad and Tobago.

If your case is serious, the Magistrate may send it to the High Court for hearing. This may take some time as the prosecution will have to prepare their case and disclose evidence to your lawyer if you are represented, or to you if you are not represented.

Some cases can be tried in either the Magistrates Court or the High Court and you can apply to be tried in the High Court. This is something that you should discuss with your legal representative.

Read more information about the Trinidad and Tobago judicial system.

When you arrive at the prison

When you arrive at the prison, any belongings that are not evidence or part of the investigation process will be taken and logged on your property.

The British High Commission cannot store your personal belongings on your behalf. The Police will usually retain your passport and logged with their property keeper until the end of your sentence.

The prison health department will carry out medical checks to assess if you need any treatment for ongoing medical conditions, for example, blood pressure, diabetes, or HIV.

You are not allowed to make phone calls but you can request a call to the British High Commission if a matter is urgent. Remanded prisoners can receive 1 phone call per month and sentenced prisoners can receive 2 phone calls per month. These calls must be prearranged with the prison authorities.

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. In some prisons, it can be difficult to get an early appointment. If the situation is urgent, you should contact the prison welfare officer, who may be able to get you an appointment more quickly than through the normal channels.

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.

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 liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Prisoners on remand can keep and use their personal, authorised clothing.

Prison: conditions and daily life

Accommodation

Prisons in Trinidad and Tobago are often overcrowded and you may not get your own single cell or a mattress. Unfortunately the High Commission is not permitted to buy new mattresses. You will need to wait until the prison provides you with one. Facilities in the cells can include sinks, toilets, showers and electricity but this may not always be the case.

Sentenced prisoners are held separately from those on remand.

Food and diet

The prison authorities have assured us that the food they provide is a balanced diet supplying the necessary daily nutritional requirements. A special diet can only be provided on medical (e.g. diabetes, high blood pressure) or religious grounds. This does not apply to vegetarians.

You can supplement your diet by buying fruit and other items from the prison shop, when available. Prisoners are entitled to 3 meals daily and drinking water is available.

Hygiene

Conditions of toilets and showers are generally poor. Most prisons will provide basic toiletries, standard clothing and linen. You can purchase other items directly from the prison shopping list, which most prisons offer each month.

Prisoners are permitted to bathe once a day if there is an available supply of water. All bathing facilities are communal.

Work and study

Prisoners are allowed to work and will be paid. Prisoners can work for approximately 3 to 4 hours a day, depending on the nature of the job. Prisoners are paid a weekly wage of $0.07 TTD, which increases each week by 100%.

It is difficult for the prison to supply work for all prisoners because there are not a sufficient number of jobs. You will need to apply for a vacancy and wait for your name to be called. Jobs may include plumbing, carpentry, masonry, painting, basic labour, barbering, teaching, agriculture, construction, tailoring and cooking.

Study opportunities are also available. The prison offers an educational curriculum and also professional training, for example, programmes in training in adult basic education, primary school leaving, consumer activities, life skills, carpentry, tailoring, plumbing, welding and painting. Learning and development opportunities vary from prison to prison.

Contact and languages

Prisoners are not permitted to be in communication with other inmates unless authorised and unless the inmates are within the same cell.

A library is available at the prison and books can be ordered externally however these must be authorised.

Additionally, cultural and social activities are offered at the prison and these include religious celebrations, Mother’s/Father’s Day programmes and other cultural programmes.

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

Exercise

Sporting activities are mainly offered as a form of leisure, for example, football, cricket, basketball and table tennis. Prisoners can access the gym if permission is given by the prison doctor. ‘Airing time’ and time in the prison library is also available.

Climate

Trinidad and Tobago’s tropical climate means that there are humid temperatures throughout the year.

Religion

Prisoners are permitted to participate in religious services and can receive visits from religious leaders of their faith, if requested.

Detention facilities are not staffed by religious ministers but the prison service are partners with faith based bodies of all denominations and they visit the prison monthly.

Rules and regulations including drugs

Drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs (for example, marijuana or cocaine) you will be punished accordingly. As a result you may lose your job or school place and might be sent to confinement for a period. Tobacco cigarettes are not allowed inside Trinidad and Tobago prisons.

Prison rules and regulations are explained to prisoners when you arrive and posters and notices displaying same are placed in commonly used areas.

Different forms of sanction/punishment can be applied to prisoners including stopping of privileges, cell confinement and or loss of remission. Certain behaviours are considered more serious than others such as grievous bodily harm (prison violence, threats) which can result in total removal of remission and additional charges by the police.

Cultural and religious practices are respected within the prisons, for example, Rastafarians are allowed not to cut their hair, Muslims can keep their beards.

Prisoners who are well behaved are nominated to become Red Band Orderlies, where they are permitted to move freely within the prison confines without a prison guard escort. They are also permitted to visit public places with minimal escorts.

There is a risk of contracting HIV or hepatitis through sexual activity in the prison. Prisoners are allowed privacy if they have infectious diseases. They can share details of this with their lawyers or the High Commission but they are not obliged to.

Prison: access to help and services

Receiving money

The UK government or British High Commission does not provide financial assistance to prisoners abroad.

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 3 months for essentials (enough for 1 hot meal a day)

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. You cannot have cash sent to you in the post.

The FCDO operates a ‘prison comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this. We cannot receive payment by credit or debit card or by cash.

Money received through private funds or Prisoners Abroad will be converted into local currency and the British High Commission will make an appointment to deposit your funds with the prison authorities. After this is arranged the prison Welfare Officer will arrange for you to purchase prison comforts. Consular staff are not responsible for the loss of any funds by the prison authorities.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care, if you are not receiving regular funding from other sources. Male prisoners are eligible for the Craig Feehan Fund and the Vitamin Fund. Female prisoners are eligible for the Vitamin Fund only.

Medical and dental treatment

While you are detained, the prison is responsible for ensuring your basic medical needs are met.

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. In some prisons it can be difficult to get an appointment but if urgent you should contact the prison welfare officer.

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.

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.

Prisoners do not need to pay for medication or treatment in prison. Public healthcare in Trinidad and Tobago is free of charge but private healthcare will cost. Prisoners can access private healthcare in prison after a prison doctor refers them.

In some cases, for specialist treatment or assessment, the British High Commission can apply for Prisoners Abroad funding.

Prisoners can seek treatment or assessment from the prison psychiatrist.

If you require eye glasses, the British High Commission can request funding from Prisoners Abroad.

Letters and parcels

There is usually no limit to the number of letters you may receive in prison. Remanded prisoners are allowed to send 2 letters each week. The prison authorities are obliged to deliver letters with the minimum of delay. The prison staff might read your letters before sending to the recipient.

All letters sent to the British High Commission are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents. Unless in exceptional circumstances, letter will be delivered to you during Consular visits every 3 months.

Consular staff will reply to your written correspondence within our target of 20 working days (excluding postage time), if your correspondence is of what we consider to be a ‘serious nature’, for example, if you have a serious health issue or if you have serious concerns for your safety. You should raise any issues with us during consular visits.

If you would like your family in the UK or elsewhere to email you, they can do this using our Consular enquiries contact form.

Ask your family to title their email with your full name and the prison where you are detained. The High Commission can email messages to your family and friends on your behalf, if you can provide email addresses. The messages will be forwarded to within 20 working days. The High Commission cannot forward letters from prisoners by post.

You can receive parcels in prison from your family. Parcels should be sent directly to the prison. Parcels sent to the British High Commission will not be forwarded to you, unless in exceptional circumstances.

Prisoners do not need to pay for stamps. They are provided free of charge with local and international postal envelopes provided by the Trinidad and Tobago Postal Service.

Telephone calls

You are not permitted to make phone calls but you can request a call to the British High Commission if a matter is urgent. Remanded prisoners can receive 1 phone call per month and sentenced prisoners can receive 2 phone calls per month. These calls must be arranged with the prison authorities in advance and can only be domestic calls. You must also register the telephone numbers with the prison authorities. Calls are limited to 15 minutes.

You will not be permitted to have any mobile phones. You can be penalised if you are found with any in your possession.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

If you wish to file a complaint against mistreatment you can request to see the Prison Superintendent.

The Trinidad and Tobago judicial system

Overview

The Trinidad & Tobago judicial system is similar to the UK’s but it is dated in practice and procedure. It has 4 tiers:

1. Magistrate’s Court
2. High Court (UK equivalent is the Crown Court)
3. Appeal Court
4. Privy Council

Prisoners can enter different pleas. The initial step will be first appearance to plea followed by case management every 28 days if the plea is ‘not-guilty’. If you plead ‘guilty’, the court will read the charge and sentence or charge you immediately.

There is no specific allocation of time for trials or verdicts. More information trials is on the Trinidad and Tobago Parliament website

Throughout the process, prisoners will be kept at the Maximum Security Prison. This is the only prison in Trinidad and Tobago that is assessed to house foreign prisoners. The rights of prisoners, throughout the legal process, are guaranteed under the Constitution of Trinidad and Tobago, Prisoners Act (PDF, 55 KB).

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 will be taken to the nearest Police station. you can be detained for up to 48 hours without being formally charged. In some cases this can be longer.

The officer who arrested you may interview you before you are charged. You may be asked to provide fingerprints and in some cases bodily samples for analysis. You are likely to be searched.

When you’re arrested the police should inform you of your rights. This includes 1 phone call to speak to a family member or the British High Commission in Port of Spain.

You should inform the authorities if you wish the British High Commission to be informed of your arrest. If you are under 18 years old or an adult charged with murder, the police must advise you that you are entitled to have a legal aid representative at the police station.

There is no specific time to be brought before a court/judge but it is required as soon as practicable after charge.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See the list of lawyers in Trinidad and Tobago.

You can be remanded in custody for up to 28 days until your trial or the case is listed to be sent to the High Court, either at a preliminary hearing or at committal proceedings. Long remands are common in Trinidad and Tobago.

Detainees on remand will be held in the remand section of the prison. It is unlikely that detainees will be moved to another prison, as they are typically moved to the assigned areas in the same prison compound (Maximum Security Prison) for sentenced prisoners.

Foreign nationals are not usually granted bail, as they are assessed a ‘flight risk’ by the court.

Prisoners on remand and sentenced prisoners

Sentenced prisoners and prisoners on remand are kept within the same prisons but different housing blocks. They do not have the same rights. Their remission is calculated after conviction.

Prisoners on remand do not have to wear uniforms and can wear their own clothing. They are permitted 2 family visits each week. Convicted prisoners are permitted 1 family visit each month.

After you are charged

After you are charged you will be taken to court on the next day the court is in session. For example if you are charged on a Tuesday you will be taken to court on the Wednesday. If you are charged between Friday to Sunday you will remain in the cells at the Police Station and you will be taken to court on the Monday. If arrested during a public holiday you will be taken to court after you are charged on the next day the Magistrate Court sits.

You will appear before a Magistrate. If you can’t afford a private lawyer the Trinidad and Tobago Government will appoint a Legal Aid lawyer for you after you request it.

When you appear before the Magistrate, the process will depend on the seriousness of the charge. If the charge is one that the Magistrate’s court can deal with and the court is ready to deal with it, you can enter a ‘guilty’ plea. The Magistrate can either sentence you or adjourn the case to obtain further information about you.

If the court is not ready to deal with the case because the prosecution or the defence are not ready or you are not represented it may adjourn the case to another date.

If the court is ready to deal with the case you can enter a ‘not guilty’ plea and the process leading up to a trial will begin. Adjournments are very common in Trinidad and Tobago.

If the case is serious it may be sent to the High Court for hearing. This may take some time as the prosecution will have to prepare their case and disclose the evidence they have to your lawyer, if you are represented or to you if you are not represented.

Some cases can be tried in either the Magistrates Court or the High Court. You can apply to be tried in the High Court. You should discuss this with your legal representative.

Bail

If the case is to be adjourned you may apply for bail at this hearing. For certain charges there is no right to apply for bail. If you are granted bail it may have conditions attached including a financial surety to ensure that you attend future hearings. You will be held until that surety is paid into court.

If you are a visitor to Trinidad and Tobago it is unlikely you will be able to get bail, no matter what the offence. There are bail provisions for minor offences. Your legal representative can advise you on this.

If bail is refused you will be remanded in custody to a prison.

You can appeal the decision to remand you in custody. Your legal advisor can advise you on the merits of any appeal to the High Court.

The bail process

According to the Trinidad and Tobago Prison Service, the Bail Process is:

• a bail request is submitted to a Justice of the Peace (JP) by relative or friend and the JP forwards request to their Warrants Department
• all warrants at the department pertaining to the inmate for bail are scrutinised to ensure that the inmate can be allowed bail
• the supervisor verifies the identity of the offender, checks the validity of the JP’s documents to ensure that the bailing process can be facilitated and further checks the warrants to determine whether there are any conditions set out by the Court
• the offender is asked to identify the person accompanying the JP to identify him
• the conditions of bail, if any, are pointed out to the Bailor. This could be done by asking the offender to repeat his bail conditions so that all stakeholders are aware
• documents and IDs are returned to the relevant persons and the offender is released from custody

Bail can be paid at the Court House, at the prison or at the Treasury Division. A detainee’s passport will be kept even if bail is granted.

The Consular department can assist a detainee by contacting friends and family who may be willing to help with bail.

Usually foreign nationals do not get bail if their offence was indictable as they are deemed a ‘flight risk’.

If the detainee fails to comply to their bail conditions there would be a warrant for an arrest and they would be charged for not complying with bail conditions.

Bail is not based on social criteria hence the court is not responsible for a detainee change in circumstance where they cannot support themselves. Suggestions could be made to the detainee to attain assistance from local social services and or local NGOs.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer at any time after your arrest. A list of English-speaking lawyers will be given to you by a Consular officer. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British High Commission cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a legal aid lawyer. This will not prevent you from hiring your own lawyer later should you wish and the case can be transferred. Legal Aid is determined on a ‘means test’.

The only time you will be able to discuss the case with the legal aid lawyer will be at the Magistrates Court. Legal Aid lawyers can visit you in prison if they need to discuss something urgently or for research.

Trial

If your trial is in the Magistrates Court, the prosecutor will be either a police officer or a lawyer from the Director of Public Prosecution’s (DPP) office. They will tell the Magistrate the facts of the case and call evidence from witnesses.

Your legal representative will be permitted to cross-examine these witnesses on your behalf. When the prosecution has finished calling their evidence, you may then give evidence on your own behalf and call any witnesses.

You will also be cross examined by the prosecutor. When all the evidence has been heard the Magistrate will decide whether or not you are guilty. If you are found not guilty you will be discharged.

If you are found guilty you will be sentenced by the Magistrate or the case adjourned for further information to be obtained and or a probation report and then you will be sentenced.

If your trial is in the High Court you will appear before a Judge and the prosecution will be represented by a lawyer from the DPP’s office or an independent lawyer instructed by the DPP.

The case will be heard before a High Court Judge and a jury of 12 people. The Prosecution lawyer will open the case to the jury telling them the facts in the case and call evidence from witnesses. Your legal representative will be allowed to cross examine these witnesses on your behalf.

When the prosecution is finished calling their evidence, you may then give evidence on your own behalf and call any witnesses. You will also be cross examined by the prosecutor. When all the evidence has been heard the Judge will sum the case up to the jury and they will consider their verdicts.

If you are found not guilty you will be discharged.

If you are found guilty you will be sentenced by the Judge or the case adjourned for further information to be obtained and or a probation report and then you will be sentenced

There may be a long wait before your trial is heard in the High Court.

The DPP can appeal if you are convicted in the Magistrates court after a trial. They cannot appeal if you are acquitted by a jury in the High Court.

Sentences

Sentences vary in Trinidad and Tobago and depend on the seriousness of the crime. There are few sentencing options other than fines and imprisonment. Your lawyer/legal aid lawyer will be best placed to advice on the likely fine or sentence including the length of any sentence of imprisonment. They should also advise you on the appeal process. You can apply to be transferred back to a prison in the UK to serve out any sentence of imprisonment.

If there is a proposal that you will be deported, Consular officers will continue providing consular visits at the detention centre while you are awaiting deportation.

Appeals

You have the right to appeal against your conviction and or sentence in the Magistrate’s Court and in the High Court through your lawyer/legal aid lawyer. However, the appeal process is usually slow and is not a rehearing of the evidence, but will be based on legal arguments only.

If you have been sentenced to a term of imprisonment you are unlikely to get bail pending appeal. In such cases a lawyer’s opinion of the merits of an appeal is strongly recommended before proceeding.

An appeal from the Magistrates Court and the High Court will be heard in the Court of Appeal.

The deadline for filing an appeal is 10 days in the Criminal court system and 42 days in the civil court system. There is a provision to appeal if more evidence is forthcoming. The prosecution has a right to appeal a judgement.

Reaching the end of your sentence

Reduction of sentence (remission)

In Trinidad and Tobago there is a remission based on good conduct and industry. A date of ‘earliest possible release’ is usually given and another date ‘final date’ is given at the beginning of your sentence. Your actual release will be based on your behaviour whilst in prison.

Early release

In Trinidad and Tobago there is currently no system for early release except the remission process.

Clemency or pardon

In Trinidad and Tobago, pardon or clemency can only be given by the court known as ‘Court Pleasure’. This is conducted by the prison service review every 4 years. The High Court can request a confidential review of a prisoner file if there is a recommendation from the prison. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record.

Financial penalties

In Trinidad and Tobago, if you are sentenced with prison time and a financial penalty, you would have to serve your time and pay the penalty. If you cannot pay the fine you can serve additional prison time equivalent to the amount of the fine.

Sometimes when a person is sentenced to a pay a fine the court will set a timetable for payment of the fine. You may be held at the Immigration Detention Centre until arrangements are made for payment and or until a departure/deportation date is decided by the Trinidad and Tobago Immigration Authorities.

Transfer to another prison within Trinidad and Tobago

Transfer to another prison within Trinidad and Tobago is possible. There are 5 prisons in Trinidad and 1 in Tobago. Foreign nationals can request a transfer from the Maximum Security Prison to the Golden Grove Prison if there is a programme that is offered there and the prisoner wants to participate, for example, agriculture and mechanics.

Transfer to a prison in the UK

There is a Prisoner Transfer Agreement between the UK and Trinidad and Tobago.

Prisoner Transfer Agreements (PTAs) allow prisoners to transfer to serve the remainder of their sentence in their own country. This enables them to be closer to family and friends in an English-speaking environment and permits them to benefit from pre-release courses available in British prisons.

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 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.

After conviction, a UK citizen can request a prison transfer. The prisoner would request in writing to the welfare officer at the prison and fill in the relevant forms.

Release and deportation

You will serve the sentence imposed on you by the foreign court. The UK authorities cannot increase the sentence or reduce your sentence to one which might have been given in the UK.

After you are transferred, the amount on your sentence remaining at the point of transfer will be treated as if it was a sentence imposed in the UK and the release provisions in the part of the UK to which you transfer will apply to your sentence. This will not change the length of your sentence, but may alter the time you spend in custody pursuant to that sentence.

In some cases (where the maximum sentence in the UK is less than your sentence) your sentence will be reduced to the maximum.

You need to be aware as to whether the transfer agreement requires your consent. The UK authorities will give you detailed estimates about your release dates in the UK before you agree to a transfer. It is your responsibility to ensure you understand the consequences of transfer before you give your consent.

If you are to be removed or deported, the Consular Officer will visit you in prison, explain the deportation process and provide information about the detention centre.

Whether or not prisoners can contest their deportation depends on the charge (‘summary’ or ‘indictable’) and also if the prisoner is awaiting or have residency in Trinidad and Tobago.

The deportation process is a compulsory administrative process that is carried out against all foreign nationals that commit a crime in Trinidad and Tobago.

Any prisoner released that has a deportation order issued against them will be transferred from the prison to the Immigration Detention Centre, where they will be held until deported from Trinidad & Tobago.

If the person has the deportation order issued and signed, the Trinidad & Tobago Government will pay for the flight back only after all possible avenues are exhausted for funds from family or friends; to the person’s country of nationality. This process can take up to 6 months. After a flight has been arranged, the prisoner will then be escorted to their country of origin by two Trinidad and Tobago officials.

Sometimes people find that they face difficulties adjusting to life in the UK after they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer.

If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help in the UK

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.

Additional information

Transferring funds to British nationals overseas through the Foreign, Commonwealth & Development Office

We can only advance funds to the person overseas after your payment has cleared in our account.

Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include:

Bank: National Westminster Bank
Account Name: FCDO Multi Vote
Sort Code: 60-70-80
Account Number: 10012362

Reference: FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible,

e.g. 11-THB-123456 SMITH JOE - THAILAND or

CON-1234 SMITH JOE – THAILAND IBAN GB56NWBK60708010012362 SWIFT/BIC NWBKGB2L

You may also need our bank address which is:

National Westminster Bank
Government Banking
CST PO Box 2027
Parkland
De Havilland Way
Howich
Bolton
BL6 4YU

By post

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

Accounts Receivable
Foreign, Commonwealth and Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

We recommend that you use Special Delivery.

You should ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip information below.

If you would like a receipt, you should include a stamped-addressed envelope.

It can take approximately 15 days for personal cheques to clear and for payment to be received. You should write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

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

To: Foreign, Commonwealth and Development Office

FCDO case reference number:

Date: Please find enclosed funds for:# - full name: - country/place the above person is in: - amount enclosed: - fee to be deducted: - payment method: - my name is: - yy address is:

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• freepost envelopes to help you stay in touch with others

Prisoners Abroad

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

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

89 to 93 Fonthill Road London N4 3JH UK

Annex

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested abroad: advice for British nationals
• List of lawyers in Trinidad and Tobago

Prisoners Abroad forms

• https://www.prisonersabroad.org.uk/arrest-and-imprisonment
• Prisoners Abroad Authorisation Form
• Prisoners Abroad Contact with family and friends form
• Prisoners Abroad Craig Feehan Fund (CFF) application form