Uganda: prisoner pack

Question 1

Disclaimer

Accepted Answer

This guidance was compiled by the Consular Section, British High Commission Kampala. It is revised on a regular basis. If any of the information contained in this guidance is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British High Commission in Uganda is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Question 2

Chapter 1: Key points

Accepted Answer

Overview

If you are a British national and you are arrested or detained in another country, consular staff will do what they can to help you, but they 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 detention information pack is designed to give you and your family and friends information about the local system in Uganda and who can help. A printed copy is provided to those in prison or in custody, and an online version is available at: https://www.gov.uk/government/publications/uganda-prisoner-pack. 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/ Consulate in that country (and must do so if you want them to)
- even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
friends or family can also contact 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/ Consulate even if you don’t 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 London, and in British Embassies, High Commissions and UK missions overseas. In Uganda, it is:

The British High Commission in Uganda

British High Commission Kampala
Plot 4 Windsor Loop
PO Box 7070 Kampala
Uganda

Telephone	+256 312 312 000/ +44 20 7008 5000
Fax	+256 414 257 304
Website	https://www.gov.uk/world/uganda

Use our contact form for consular enquiries: www.gov.uk/contact-consulate-kampala

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 020 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff 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.

Notification of the arrest to the High Commission might be done by family, friends, yourself or the by the authorities. Once we are notified, we aim to contact you as soon as possible.

We can also:

provide a list of local English-speaking lawyers
provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
keep in regular contact with you, either by visiting or by telephone/ letter
- the frequency of contact will depend on local conditions and your personal circumstances
tell the police or prison doctor, with your permission, about any medical or dental problems including medication
put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
help to transfer money to you from your friends or family
- in places where phone or postal services aren’t available, we can also 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 can’t do is:

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

First steps

1. Can yo / will you tell my family?

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

If you are not sure about informing your family we can help you consider the impact that not doing so might have. 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.

2. Will the UK Police be informed?

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 the UK police. It is possible that this information may appear on a Criminal Records Bureau check carried out by a prospective employer, for example. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Uganda.

3. Do I need a lawyer?/ How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. See list of local English-speaking lawyers. See also the section on Trial and legal assistance. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

4. Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for a fair trial or is unreasonably delayed compared to local cases.

5. Who else can help me?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Question 3

Chapter 2: Detention conditions in Uganda

Accepted Answer

Visits – friends and family

1. Can my family and friends visit me? How can I arrange a visit?

Different prisons have different visitation days. The visitation hours are the same for all prisons. The 3 main prisons have the following visitation days:

Prison name	Visitation days	Visitation hours
Murchison Bay Prison	Tuesday, Wednesday, Thursday	9:00am to 3:30pm
Luzira Upper Prison	Monday, Wednesday, Friday	9:00 am to 3:30pm
Luzira Remand Prison	Monday to Friday	9:00am to 3:30pm

We advise your family to contact us in advance so that we can get permission and clearance for the visit and work on the visiting programme. A consular officer may accompany your family during their first visit to the prison; subsequent visits by your family will be unaccompanied. When writing to the Commissioner General of Prisons, we are required to provide the full names of the people who will be visiting you.

Visitors can also walk in on any visiting day during visiting hours. This process however can be lengthy because of the high volumes of people wanting to visit inmates. Getting through security and clearance at the gate can be slow. All visitors will be required to show valid photographic ID. We will provide information on visiting procedures and details of what visitors can bring should your family members decide to come to Uganda.

You can receive visits from family members and friends.

2. What can visitors expect?

Generally, visitors should expect to sit in the meeting rooms with a guard nearby during the visit. Meetings usually last for 30 minutes. In the majority of Ugandan prisons you are allowed to receive visitors during the visitation days. No visitors are allowed over the weekend unless special permission is sought.

When family members come from the UK for visits consular staff will try to arrange extra visit days considering the distance families had to travel to see you. These extra days are given by the Commissioner General of Prisons and the decision is discretionary.

Please confirm with the prison welfare officers when visits are allowed.

3. What can visitors bring?

Uganda has several prison facilities and regulations about permitted items vary from one prison to another and the rules are frequently changed. Therefore, families should contact the FCDO in advance of their visit so we can enquire from the prison authorities what will be accepted.

Visits – consular staff

We will agree a visit schedule depending on your individual circumstances; 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 with our consular staff. 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 family you should let us know during the visit.

Emergency trips outside of prison

Generally this is not allowed in Uganda.

Police custody and initial arrival at prison

1. Arrival at the police station & basic rights

When someone is arrested in Uganda they may be briefly held at a police station or another facility before being transferred to prison. Upon arrival at the police station you will be taken to the administration block and your personal details will be recorded in a book.

Any belongings that are not part of the investigation, process, or evidence will be sent to the prison and are kept by the prison authorities. It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers.

The British High Commission cannot store personal belongings on your behalf. Your passport is usually retained by the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/ parole. This measure is taken by the courts to prevent you from skipping bail.

They may allow you make a phone call but at your own expense. It is not likely that you will need a translator as police and detention staff generally speak English, however, if you do need a translator, you will have to arrange and pay for one for yourself.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV).

2. Appearance at court

You will be required to speak depending on the circumstances. The state provides you with a lawyer if you do not have one. You have a right to be assisted by an interpreter but this would be at your own expense.

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

3. Initial arrival at the prison

When someone is arrested they may be briefly held at a police station or another facility before being transferred to prison. Upon arrival at the prison you will be taken to the administration block and your personal details will be recorded in a book.

Any belongings that are not part of the investigation, process, or evidence will have been sent to the prison and are kept by the prison authorities. It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers.

They may allow you make a phone call but at your own expense. They do not provide a translator for you, you have to arrange and pay for one for yourself.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV).

Prison: conditions and daily life

Prison conditions in Uganda can be very challenging. Overcrowding and poor sanitation are a major problem in all prisons and detention centres. Bottled drinking water is rarely available although tap water is usually provided. Food provided by the prison is usually very poor quality and sometimes only one meal per day is provided.

For this reason, families often bring additional food and water to the prisons for their loved ones, or send money to enable prisoners to buy additional items for themselves. Mosquitoes, cockroaches and rats are common. The prison authorities will only provide very basic items in prison such as prison uniforms and a bed.

As a result of these challenging conditions British High Commission consular officials will usually, with your permission, seek to contact friends and family at an early stage to explore what additional support arrangements can be made for prisoners.

The British High Commission is unable to provide this support directly, although we will do what we can to support families get suitable arrangements in place.

1. Accommodation

Overcrowding is a problem so you cannot expect a single cell as a matter of course. The prison does not offer mattresses. Only blankets are provided. Unfortunately the High Commission cannot buy you a mattress. You are allowed to buy your own mattress but it must be strictly 1 inch thick. The conditions of toilets and showers are also extremely poor in Ugandan prisons.

Soap is provided but you will have to buy your own other basic toiletries, standard clothing and linen. Items can be purchased directly from the prison shopping list, which the prison’s welfare office will provide.

2. Food and diet

The prison authorities provide a basic diet mostly consisting of local Ugandan food like potatoes, posho (corn flour), cassava, matooke and beans. Additional food may be provided to the sick and nursing mothers. A special diet can only be provided on medical grounds (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 food items from the prison shop, when available.

3. Hygiene

Prisoners have access to a common shower room, you can bath once day.

4. Work and study

The prisons have rehabilitation programs which are used to enable inmates to acquire skills but also act as a source of income. These include carpentry, crafts, hair dressing, etc. If you express interest, training will be offered and thereafter you are paid a commission from the sales you make. It is difficult for the prison to supply work for all prisoners because there are not enough jobs to go around but the opportunities do exist.

Study opportunities are also available from primary through to university. The Ministry of Education and Sports sends teachers to teach in the prisons. Normally if the demand is not high whoever expresses interest is enrolled. If the demand is very high you will need to apply for a vacancy and sit for interviews. The prison offers the Ugandan educational curriculum and also professional training. Learning and development opportunities may vary from prison to prison.

5. Contact and languages

Prisoners can interact with others without any restriction. There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Prisoners are not allowed to have phones. All phone calls must be made from the welfare office in the presence of a Welfare Officer using their telephone. They will normally not charge for calls that last a few minutes.

If you wish to make an international call you may have to buy credit and load the Welfare Officer’s phone. If you are caught trying to use your own mobile phone inside the prison you will be punished according to the prison’s regulations, which may include being sent to confinement for a period.

6. Exercise

Uganda prisons do not normally have leisure facilities beyond a yard for exercising.

7. Climate

The climate is very different to that of the UK. It can be very hot and humid during rainy season (September-May) and cool during dry season (June-August). Apart from prison uniforms, prisons in Uganda do not provide any other kind of clothes.

8. Religion

Prisoners are free to take part in religious services of their choice. Every prison has chaplains from different religions.

9. Rules and regulations (including drugs)

Usually the rules and regulations are explained to prisoners on arrival.

It is illegal to take illegal drugs into prison. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc) 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 Ugandan prisons.

Each prison ward has an inmate counsellor, who can provide advice to you on other rules and regulations you need to be aware of.

Prison: access to help and services

1. How can I receive money?

British High Commission staff can help get funds to prisoners if these are sent by family or friends. There are 2 ways in which you may be able to receive financial assistance while in prison:

Private Funds: deposited to you by your family or friends. See Annex for instructions on how to send funds.
Prisoners Abroad: depending on where you are detained, if your family can’t 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).

Money received from the UK will be converted into local currency and held on your behalf by the High Commission. Our consular staff will then physically transfer your funds to the Prison’s Welfare Officer once a month.

Any cash you receive will not be handed over to you. All cash is kept by the welfare office. You are not allowed to keep cash while in prison.

Please note that our consular staff cannot be responsible for the loss of funds by the Prison Authorities and the High Commission does not provide financial support to British Nationals in prison abroad.

2. Private funds

While the Foreign Commonwealth & Development Office (FCDO) does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The FCDO operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

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

3. Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. See Chapter 4 for more details.

4. Can I receive medical and dental treatment?

While you are in detention the Ugandan prison service is responsible for ensuring your basic medical needs are met.

Every ward has an inmate counsellor and these are usually your first point of contact. If you need medical or dental treatment you should speak to the inmate counsellor who will then take you to visit a doctor.

There are doctors and nurses working in the prison hospital or dispensary which is usually located within the prison. Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist in a government referral hospital outside the prison.

All medical assistance to detainees is provided by the Ugandan health services and is free of charge. As the government system is relatively overwhelmed, sometimes you may have to buy your own medicines.

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.

5. Mail/ Parcels

You will have to write to the Commissioner General of Prisons to request that you send and receive your letters directly through the prisons address. There is usually no limit to the number of letters you may send or receive.

All letters sent to the High Commission are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents. We shall deliver these when we visit. The High Commission can only accept letters, not parcels.

If you would like your family in the UK or elsewhere to email you, then please let them know that they may do so via our contact link: www.gov.uk/contact-consulate-kampala.

Please ask them to entitle their email with your full name together with the prison where you are detained. They should also include their email address, so that we can return any correspondence from you to them. Any email messages will be forwarded within 20 working days. Please be aware that the High Commission cannot forward letters from prisoners by post.

You can receive parcels from your family with permission from the Commissioner General of Prisons. Please be aware that parcels should be sent directly to the prison; parcels sent to the High Commission will not be forwarded to you. Parcels must have the name and details of the sender.

6. Can I make telephone calls?

Prisoners are not allowed to have phones. All phone calls must be made from the welfare office in the presence of a Welfare Officer using their telephone. They will normally not charge for calls that last a few minutes. If you wish to make an international call you may have to buy credit and load the Welfare Officer’s phone.

If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations might be sent to confinement for a period.

7. How can I make a complaint about mistreatment?

If you have been mistreated, please 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 inform you of any local complaints procedures and supportive organisations that you may wish to consider contacting.

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, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

There is a Human Rights desk in the prisons locally known as ‘Mukutano’. A committee comprised of inmates is elected and they receive complaints from inmates. They then give monthly reports to a committee comprised of a section of staff from the prison who then take further action. You can also make a complaint to the Welfare Officer.

If you wish to file a complaint, please write to the High Commission or let us know during the consular visit so that we can help to take your concerns forward.

Question 4

Chapter 3: the Uganda judicial system

Accepted Answer

Overview and first steps

1. Is the system the same as the UK?

Uganda is a common law country. As a common law jurisdiction both Acts of Parliament and the jurisprudence of decisions of the Courts are applied. Most of Uganda’s laws were adopted from common law from the UK plus tenets of African customary law. The major difference between the UK and Ugandan legal systems is that Uganda possesses a written constitution, which is the supreme law of the land. All other laws and regulations are inferior to the Constitution of Uganda.

Uganda operates a similar court’ system to the English one. The decision of a lower court can be appealed to a higher court and once it reaches the highest court there can be no further appeal.

In brief the hierarchy of Ugandan courts is as follows:

Supreme Court (Highest Court in Uganda)
Court of Appeal & Constitutional Court (second-highest judicial organ in Uganda)
High Court (The third court of record in order of hierarchy and has unlimited original jurisdiction, which means that it can try any case of any value or crime of any magnitude. Appeals from all Magistrates Courts go to the High Court.)
Magistrates’ Courts

Magistrate’s Courts handle the bulk of civil and criminal cases in Uganda. There are 3 levels of Magistrates courts:

Chief Magistrate - Exercises general powers of supervision of all magistrates’ courts within the area of his or her jurisdiction. In exercising his or her powers of supervision a Chief Magistrate may call for and examine the records of any proceedings before lower magistrates’ courts.
Magistrate Court grade 1 - These courts are presided over by Grade I Magistrates who must be qualified lawyers (Law Degree and a Diploma in Legal Practice). They are ordinarily situated at the district headquarters. Their criminal jurisdiction is limited to offences whose maximum penalty is not death or life imprisonment.
Magistrate Court grade 2 - These courts are presided over by Magistrates who must hold a Diploma in Law. They have limited criminal, civil and territorial jurisdiction. Their territorial jurisdiction is limited to their counties and they are normally situated at the county headquarters. Their criminal jurisdiction is limited to any offence other than offences specified in the first schedule of the Magistrates; Court Act e.g. riots, unlawful assembly, abuse of office, deceiving witnesses.

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.

2. What should happen when I am arrested?

On arrival at the police station, your details will be taken by the police and you will be held in a cell. It is likely there may be several other people in the cell with you.

The Ugandan law states that you have a right to information in a language that you understand, you should be informed of the reason for your arrest or detention as well as the right to a lawyer of your choosing.

Usually you will have been arrested as a result of a criminal complaint or on suspicion of committing a crime under Ugandan laws. We have described below how criminal prosecutions are carried out in Uganda.

Government investigations and prosecutions in Uganda, especially of a criminal nature, are commenced and directed either by the Director of Public Prosecutions (DPP) or the Inspector General of Government (IGG).

The procedure for the prosecution of criminal offences is as follows:

Once a complaint is filed against you with the Police Station a file is opened and statements will be taken from the complainants and his or her witnesses.
Upon conclusion of the police inquiries and investigations, but before the file is forwarded to court, the police file is sent to the Resident State Attorney (a lawyer from the office of the DPP) for legal advice on the possible charges based on the evidence on file and the law. This is to safeguard against charging people with frivolous and non-existent charges.

The Resident State Attorney will:

sanction the file for prosecution, refer it back to the police for further investigation or inquiries, or
recommend the complainant seeks a civil remedy, or
advise that the omissions or commissions do not amount to a criminal offence

When the requisite investigations are completed and the necessary sanctions or consents have been procured, the Investigating Officer will then prepare a charge sheet or indictment, depending on whether you will be tried in the Magistrates Court or the High Court respectively.

If you have any questions concerning the legal aspects of your arrest, you should contact your lawyer. A list of local English-speaking lawyers can be found here.

3. For how long can I be remanded in custody?

After your arrest you will be interviewed. The law states you must appear in court within 48 hours of your arrest. However, in reality you may be held on remand for much longer than this due to delays in the judicial system.

If an offence is classified as a minor one, then you may be released on police bond, pending completion of the investigation.

4. What happens when I am charged?

You will appear in court and the charges will be read out to you. You will then be required to enter a plea. If you plead not guilty, a date is set for a trial where the prosecution will present evidence and you (or your lawyer) will be able to cross examine the prosecution witnesses.

5. What provision is there for bail?

When you appear in court to hear the charges you can apply for bail. You will either be sent to prison on remand or released on bail terms commensurate to the alleged offence committed. You can choose to apply for bail by yourself or choose to be remanded and instruct a lawyer to apply for bail on your behalf.

It is at this stage that the Magistrate sets a hearing date for the case and remands you to prison, unless you successfully apply for bail.

For more serious offences (those only allowed by law to be tried by the High Court), you will be charged in a Magistrate’s court, but will not be allowed to plead to the charges. The Magistrate will inform you of the right to apply for bail in the High Court and thereafter remand you. You can then file an application for bail at the High Court where the Judge will hear the application and make a decision on bail.

The FCDO is not able to facilitate the transfer of bail funds.

Trial and legal assistance

1. What kind of legal assistance is available?

If you wish to hire a private lawyer, you can select one from this list of English-speaking. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

In Uganda the right to legal representation is enshrined in the Constitution. This means that you, as the accused person, have a right to choose a lawyer and if the alleged offence is of a capital nature i.e. if the sentence on conviction could be death sentence or life imprisonment, then you are entitled to a lawyer at the expense of the state.

Please note that because of the huge backlog of cases it could take a long time to get a state lawyer assigned to you.

You also have the right to be given adequate time to prepare your defence. This means that there should be reasonable notice of any court process. This is in addition to the right to examine the evidence and witnesses against you.

Sometimes private lawyers may ask for a cash advance for their estimated legal fees before they take your case on. The High Commission cannot pay legal fees or guarantee to a lawyer that you will pay them.

2. What happens at the trial?

In Uganda, every person who is charged with a criminal offence shall be presumed innocent until proved guilty or until that person pleads guilty. In all criminal cases, excepting a few statutory ones, the burden of proof is squarely upon the prosecution throughout the trial and never shifts to the accused. The standard of proof is that of beyond reasonable doubt. This means the prosecution will have to make a case against you.

As and when the prosecution case is closed, the court rules on whether the prosecution evidence provided so far is sufficient to establish a prima facie case, warranting you to give your defence. If there is a prima facie case, you will be allowed to lead evidence in defence, with the prosecution having the opportunity to cross-examine you and your witnesses.

Once the prosecution and the defence present their closing argument the Judge or Magistrate sets a date for when the judgment shall be delivered.

3. Sentences

Sentences vary greatly in Uganda depending on the seriousness of the crime and whether it is a criminal or civil crime. Your lawyer/ state attorney will be best placed to advise on length of sentences and on the appeals processes.

4. How can appeals be made?

In Uganda, appeals arise out of a proceeding to rectify a decision of a lower court. This means if you are convicted by a Magistrate Grade 1, then the appeal should be to the Chief Magistrate. The next appellate level is the High Court, then Court of Appeal and finally the Supreme Court.

The appeal should be by a notice in writing and signed either by you or your lawyer, in person and lodged with the court registry with 14 days of the day of judgement. This notice is brief and simply states the intention to appeal either the whole judgement or part of it and where service of court process should be effected. The more detailed grounds of appeal are filed at a later date.

Reaching the end of your sentence

1. What provision is there for reduction of sentence (remission) e.g. for good behaviour?

The Prisons Act 2006 makes provision for earning a remission of one third of a sentence, as a result of good conduct. However, you should be serving a sentence of more than 1 month. A further remission can be granted by the President through the Commissioner General of Prisons on special grounds. The same remission can be cancelled at the discretion of the Commissioner General of Prisons.

2. What provision is there for early release e.g. on parole?

The Prisons Act allows for release on parole under the strict conditions that you are serving an imprisonment period of more than 3 years and you have less than 6 months to serve. The same provision is explicit that the parole period will not be for more than 3 months and you can be recalled from parole at any time.

3. What provision is there for clemency or pardon?

There is provision for pardon or clemency. According to Ugandan law, the president has no powers to intervene in criminal prosecution. However, under Article 121 of the 1995 constitution, through the advisory committee of prerogative of mercy, the president is given a mandate to release a category of prisoners.

The procedure is that the Uganda Prisons Service compiles a list of prisoners who qualify for a presidential pardon and submits the list to the Attorney General for approval. This process can only take place after the courts have concluded final appeals.

The strongest ground is usually release on humanitarian grounds. Other categories include:

the elderly above 54 years
pregnant women
the terminally sick prisoners
petty offenders
capital offenders remaining with only 6 months of their sentence
convicts on death row

4. What about any financial penalties?

Ugandan penal law allows for financial penalties depending on the seriousness of the crime committed. This means that judicial officers consider the seriousness of the crime, the range of sentences possible to deter similar habits.

It is common for most offences to have custodial sentences as opposed to financial penalties. Therefore, it is rare for only financial penalties to be handed out as the judicial officers will use their discretion. The rationale under the Ugandan legal system being that, if one pleads guilty to certain offences that allow a sentence of monetary fines, then the court will heavily consider only financial penalties.

However, if the entire hearing has concluded and found the person guilty, usually a custodial sentence is preferred, or sometimes custody plus monetary fines.

5. Is transfer to another prison within Uganda possible?

As a general rule, on being sentenced, the placement of a prisoner in a particular prison is at the sole discretion of the prisons authorities.

Therefore, for there to be a transfer from one prison to another, the reasons given for the proposed transfer have to be valid and reasonable. For example, if the particular prison lacks medical facilities to handle a particular treatment.

6. Is transfer to the UK a possibility?

Transfer to serve a sentence in the UK is not expressly provided for, under Ugandan laws. Uganda signed a Prison Transfer agreement with the UK, but it has not been signed into law. Ugandan laws provide that if you are charged and sentenced in Uganda, then you should serve the sentence in Uganda.

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

7. What are the procedures for release and deportation?

In Uganda, all applications for release are addressed to the officer in charge of a prison. This application is as a result of a court order releasing you on bail or acquittal from a sentence.

Deportation on the other hand is through the immigration authorities in concert with the Prison Service.

Section 60 of the Uganda Citizenship and Immigration Control Act Cap 66 states that the Minister may, in writing signed by him or her, order any prohibited immigrant or person whose presence in Uganda is unlawful to be deported out of Uganda, either indefinitely or for such period of time as may be specified in the order.

An order made under this section shall be carried into effect in such manner as the Minister may direct. If a deportation order has been made against you; you may, if the Minister so directs, while waiting for deportation and being conveyed to the place of departure, be kept in custody, and while so kept shall be deemed to be in lawful custody.

If you are brought before a court by an immigration officer and the court is informed that an application for a deportation order has been made, the court may direct that that you be detained in custody for a period not exceeding two months.

You can appeal against the order of deportation within fifteen days after the date of the order to the High Court, and if you are aggrieved by the decision of the High Court may appeal against it to the Court of Appeal.

The High Commission does not cover costs of repatriation during a deportation e.g. the cost of the flight ticket or payment for an Emergency Travel document if your passport has been lost or is otherwise unavailable.

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. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply 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, it is best to write and tell your 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 020 7367 4888, Monday to Friday 08h00 to 16h00, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 09h00 to 17h00.

8. Would I have a 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 therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Question 5

Chapter 4: Additional information

Accepted Answer

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial.

Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also 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 during your imprisonment. In order to access any services, prisoners 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 will vary from country to country, but generally they can provide you with information, in English, on:

your rights as a prisoner and issues that may affect you such as health or transfer to the UK
obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
learning the language of your country of imprisonment
translation of documents
grants for food if you are in a developing country and don’t have funds from other sources
grants for essential medicines and toiletries if you don’t 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
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone	00 44 (0)20 7561 6820
Freephone (for your relatives in the UK)	0808 172 0098
Email	info@prisonersabroad.org.uk
Website	www.prisonersabroad.org.uk

Available Mondays and Tuesdays 09h30 to 18h00, and Wednesdays to Fridays 09h30 to 16h30, UK time

Glossary of Terms

Useful legal terms

English	Luganda
Welcome	Nsanyuse okukulaba
Hello (General greeting)	Oli otya
Sir	Ssebo
Madam	Nyabo
How are you?	Oli otya?
Reply to ‘How are you?’	Gyendi. Ate ggwe?
Bulungi	Ate ggwe?
Ndi bulungi	Ate ggwe?
What’s your name?	Erinnya lyo ggwe ani?
My name is…	Erinnya lyange nze …
Where are you from?	Ova ludda wa?
I’m from…	Nva?…
Good Morning (Morning Greeting)	Wasuze otya? (How was your night?); Bulungi, wasuze otya? (reply)
Good afternoon (Afternoon Greeting)	Osiibye otya? (How was your day?); Bulungi, osiibye otya? (reply)
Good Evening (Evening Greeting)	Osiibye otya? (How was your day?); Bulungi, osiibye otya?(reply)

Annex A

Annex B

Options to transfer funds to British Nationals overseas via

The Foreign, Commonwealth & Development Office

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

1. 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 the following details:

Bank	National Westminster Bank
Account Name	FCDO Multi Vote
Sort Code	60-70-80
Account Number	10012362
Reference	FCDO case reference number (which can be found at the top of this letter), 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
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
Horwich
Bolton
BL6 4YU

2. By Post

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

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

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the ORBIT reference number. You may wish to use the payment slip on the next page. If you would like a receipt, please include a stamped addressed envelope.

To: Foreign, Commonwealth & Development Office

ORBIT reference number:

Date:

Please find enclosed funds for:

Full Name:

Country/ place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the ORBIT reference number, on the back of the cheque.