Arrested or in prison in Antigua and Barbuda
This guide provides information about being arrested in Antigua and Barbuda and what conditions are like in prison there.
Contacting the British embassy or consulate
The British High Commission in Bridgetown Barbados can offer help but will not be able to get you out of prison or get you special treatment because you’re British.
Find out what help the embassy or consulate can offer.
Family and friends can contact:
- the British High Commission in Barbados
- the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Barbados
Consular Section
PO Box 676
Lower Collymore Rock
St Michael BB11000, Barbados
Telephone: +1 (246) 430 7800
Office hours: Monday to Thursday 8:00am to 4:00pm, Friday: 8:00am to 1:00pm
Find a lawyer in Antigua and Barbuda
You should carefully consider getting a local lawyer that practices in Antigua and Barbuda. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid, not specific to Antigua and Barbuda.
Private lawyers
Check find a lawyer in Antigua and Barbuda if you want to appoint your own private lawyer. Ask the consulate if you want a paper copy of this list.
Legal aid
There is no legal aid in Antigua and Barbuda for foreign nationals.
What happens when you’re arrested in Antigua and Barbuda
You can be arrested and taken to a local police station:
- because of an existing arrest warrant
- where there are grounds for issuing an arrest warrant
- if you’re caught in the act of performing a crime
- if it’s expected you’ll leave the country to escape justice
- your identity cannot be confirmed
The police must tell you in English (or a language you understand)
- why you have been arrested
- that initial proceedings against you have started
- your rights
Do not sign any documents unless you understand them. You must be given an interpreter if you ask for one.
Your rights
You have the right to:
- remain silent
- refuse to cooperate in the proceedings
- appoint a defence lawyer of your choice.
- ask for an interpreter
- tell your next-of-kin you have been arrested
- tell the British High Commission that you have been arrested
After arrest, detainees are kept in police custody for up to 24 hours before transfer to prison, although this may be delayed until the next working day if it falls over a bank holiday.
How long you can be held for
The length of time you can be held without charge or before appearing before a judge is usually 48 hours. However, this may vary based on the circumstances.
Personal belongings
When someone is arrested, any personal belongings that are not required as part of the investigation or held as evidence may be transferred to the prison, if there is enough space to store them. These items are usually stored in a secure area until the release of the prisoner.
However, for certain offences, there is no guarantee that personal belongings will be returned. The police are legally entitled to retain or destroy items seized as evidence.
Be aware that The British High Commission cannot trace or store any personal belongings of British nationals imprisoned in Antigua and Barbuda.
Going to court
You will usually be brought before a magistrates’ court on the next working day after your arrest. If the offence is a minor one, the magistrate may seek to deal with the matter immediately, particularly if the accused pleads guilty to the charge. If a not-guilty plea is lodged or the offence is of a serious nature, then the magistrate may postpone the case to a later date or possibly refer the case to the High Court. At this stage it is usual to appoint a lawyer to represent you.
At court the examining judge will discuss your case with you. They’ll decide if you’ll:
- be placed on remand to wait for your trial
- have to pay a fine
- be released without charge
Being put on remand
You may be put on remand if you’re strongly suspected of committing an offence. This means you’ll be put in prison while you wait for the criminal investigation and trial to finish.
How long you can be on remand for
The length of time on remand can vary significantly depending on the charges and can be several years in more serious cases, such as those involving drugs, sexual offences or murder. If you believe your time on remand is excessive, you should raise this with your lawyer.
Bail
Bail may be granted but this is dependent on the offence and the charges. Bail conditions in Antigua and Barbuda, including payment, surrender of passports and any restrictions on movement, are set by the magistrate. Failure to comply with these conditions may affect your legal case and can result in further action by the magistrate.
The British High Commission cannot transfer bail funds for you.
Arriving at prison
On arrival at the prison, you will be searched, registered and assigned to a cell. You’ll have your photo taken and get a prisoner number. You’ll be asked to give details like your:
- name, date of birth and nationality
- home address
- medical conditions or allergies
- religion, marital status and profession
- name and address of next of kin
You will be allowed to make a phone call and should ask prison authorities about the procedure for doing this.
Your next-of-kin will not be told you’re in prison unless you give your permission.
You can make a request to speak to the Consular team who can contact family and friends in the UK on your behalf.
Your prison cell
Cell accommodation at the prison varies and may include either single occupancy cells or shared cells housing up to 4 inmates. Where possible, remand prisoners are accommodated separately from sentenced prisoners, although due to the increased prisoner population, this cannot always be guaranteed.
Each cell is equipped with a bed, a waste pail and a storage bin for personal belongings. Shower facilities are communal. Female prisoners are accommodated in a separate wing, where the cells provide the same basic facilities.
Basic toiletries such as toilet paper, soap and toothpaste are provided by the prison but can also be supplemented by family and friends where applicable. Females are also provided with hygiene products.
Contacting the British High Commission.
Tell the prison if you want the British High Commission to know you’re in prison. After our first visit following notification of your arrest, we will usually visit you every 6 months.
Medical check-up
A doctor will give you a check-up within the first few days of being in prison. Tell the doctor about any medical conditions you already have. The doctor will decide if you need a special diet or any other medical treatment.
Contact British High Commission if you need help getting your medical notes from the UK.
Rights and responsibilities in prison
The prison must tell you your rights and responsibilities. Copies of the prison rules are available in the housing units and the prison library. These copies are written in English. Different offenses carry different consequences. You must familiarise yourself with the prison rules and code of conduct.
Privileges may be granted based on good behaviour. The prison will inform you of these once you have been detained. Where applicable, speak to a prison official if you have any questions.
Visits from friends and family
Family and friends are permitted to visit inmates in person, but all visits must be prearranged. You, your family or friends can ask your lawyer, or the prison directly, about the rules and protocols of visiting.
How many visits you’re allowed
Inmates are allowed one visit a week whilst on remand and twice monthly when sentenced. As arrangements can change, you should confirm visiting times with the prison.
Arranging visits
Family and friends should first contact the prison authorities on Tel: +1 268 462 1300 to ask about arranging a visit. Visitors will be required to complete and submit a visitation application. Once the inmate confirms that they wish to receive the visit, a date and time will be agreed.
Alternatively, the inmate can request a visit through the Welfare Officer. Family and friends may also contact the British High Commission if they need consular assistance, and a consular representative can contact the prison on their behalf.
During the visit
Visits last from between 15 and 30 minutes. Visitors should arrive at the prison at least 30 minutes before their appointment, and must bring a valid form of photographic ID.
What visitors can take with them
Parcels are allowed to be delivered to the prison on specified days. Refer to prison authorities for further confirmation. Sharp items, canned goods, or any metal or breakable items are not allowed.
Books, toiletries and necessities are usually allowed but are all subject to assessment by the prison officials. All bags will be searched and scanned before entry, and the authorities have the right to withhold items they deem unacceptable.
Visits from British High Commission staff
After our first visit following your arrest, we will usually visit you every 6 months.
During these visits, you can talk to us about:
- your health
- your treatment in prison
- any safety or security concerns
- any other issues you want to raise
If there is anything you do not want us to share with your next of kin, tell us during the visit.
You can also write to us at any time if you have concerns. If your situation is urgent, it may be quicker to ask prison staff to contact us on your behalf.
Money
The British embassy or consulate does not provide financial assistance to prisoners.
Money transfers from family or friends
There are 2 ways in which you can receive financial assistance whilst in prison:
-
private funds deposited to you by family or friends
-
Prisoners Abroad is a British charity who can send a quarterly grant when funds are not available through family or friends
Family and friends can send money to you, but cash sent through the post is not accepted.
To arrange a transfer, ask the prison authorities for details of the approved methods for sending funds, including any relevant bank account information.
Where services such as MoneyGram or Western Union are accepted, the sender must include the following information on the transfer reference:
- prisoner’s full name and date of birth
- name of the prison
- purpose of the funds, for example, the prisoner’s private welfare account
Prison accounts
An account is established for each inmate to receive and manage funds. All money received is recorded and administered through the Welfare Department. Funds may be used to purchase essential items and meet other approved needs. Prison staff can provide information on how funds are received, managed and made available to inmates.
How to make a complaint about mistreatment
The British High Commission can help if you have been mistreated or abused and will take all complaints seriously.
If you have been tortured or mistreated, 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.
With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.
Making a formal complaint in prison
If you wish to make a complaint, you can submit your request or complaint to the Superintendent of Prisons or the Chief Officer of Prisons in writing.
Your investigation and trial in Antigua and Barbuda
The British High Commission cannot interfere with the Antigua and Barbuda judicial system. It cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.
Judges have the responsibility of carrying out a detailed assessment of all the facts about your case. Their final decision will be based on these findings.
The trial starts when the investigation is finished.
Choice of court
The Antigua and Barbuda judicial system is very similar to that of the UK.
The Magistrate’s Court deals primarily with:
- criminal matters that fall under summary jurisdiction
- preliminary inquiries for indictable offences
- family and civil matters such as maintenance, protection orders, and landlord-tenant disputes
- traffic violations and minor offences
Magistrates preside without juries and often serve as the first point of contact for legal proceedings before cases escalate to the High Court.
The type of court your case will be heard in normally depends on how serious the alleged offences are.
Completion of investigations
While you’re on remand before the trial, the public prosecutor’s office investigates the charges against you.
This can include things like:
- questioning you and the witnesses
- getting expert opinions
- getting police investigative summaries
- examining laboratory reports
The investigation stage is finished when the public prosecutor believes they have enough evidence to take you to trial or they decide to end the case and release you.
Bill of indictment
If your case goes to trial, you will be given the ‘bill of indictment’. It will say:
- what you’re accused of
- which laws may have been broken
- what the evidence is
If you think the charges are incorrect, you’ll be given time to say why. You can also apply for further evidence to be considered if you think it will help you.
Verdict
The judge will read the verdict out after the closing statements. They will explain exactly what parts of the law have been used to reach it.
The courts will inform you, your lawyer and if applicable, the prison, of their decision. The penalty for an offence can range from a reprimand to a fine and/or a prison sentence.
If the defendant cannot pay the fine, he or she is sent to prison for a sentence set by the magistrate. The sentence can be reduced if the fine is paid. As a sentence is served, the size of the fine is proportionally reduced, thus making it easier to pay off. Defendants who are foreign nationals are remanded in custody at the HMP Facility in Kingstown.
Sentences
Sentences for an offence can vary greatly and will depend on the seriousness of the offence. Your lawyer will be best placed to advise you on the length and appropriateness of the sentence.
Sentences can include:
- time in prison
- fines
- a suspended sentence (a punishment outside prison during which you might need to meet certain conditions, for example do unpaid work, or you will be sent to prison).
Making an appeal
There is usually the right to appeal against your sentence through your lawyer. Your lawyer is best placed to advise you on the appeal process.
Prison conditions in Antigua and Barbuda
The prison was designed to accommodate up to 150 inmates. However, the current prison population exceeds this capacity, with more than 250 inmates housed at the facility. As a result, overcrowding can be an issue, and accommodation conditions may at times be cramped and hot.
Male prisoners are accommodated in a combination of single occupancy and shared cells, with some cells housing up to 4 inmates. A separate women’s unit is available and can accommodate up to 12 female prisoners. There is no separate facility for young offenders.
Letters and packages
There’s usually no limit to how many letters you can send or receive from the prison. Your prisoner number needs to be written on all letters you send and receive. You can receive letters and parcels, but these will be strictly controlled and restrictions may apply.
Mail should be sent directly to the Prison at the following address:
FAO (Inmates Name)
C/O The Superintendent of Prisons
His Majesty’s Prison,
Coronation Road,
St. John’s
Antigua and Barbuda
Receiving packages
Parcels such as toiletries and some food items are allowed to be delivered to the prison. Check with the prison’s welfare department to see what can and cannot be sent to avoid parcels being returned. Make sure to check other restrictions (e.g. maximum size and weight, and type of packaging).
The person sending the parcel must take care of any customs paperwork and possible charges when they send the parcel to avoid it being returned.
Checks on mail
All mail is subject to strict censorship procedures and will be read and checked by the Superintendent of Prisons prior to reaching you.
Stationery and stamps
Once approved, outgoing mail will be stamped with the official government seal and forwarded to the intended recipient. Incoming mail will be screened and then delivered to the inmate.
The judge can restrict or stop your letters if they think they may harm legal proceedings. You will be told if a letter is withheld for evidence in your case.
Telephone calls
There is no dedicated telephone system available for prisoner use. Inmates may request a telephone call through the prison Welfare Officer. Calls are normally limited to 10 minutes per call.
Overseas calls can be made through the prison’s E-Portal facilities, including platforms such as WhatsApp and Zoom, subject to prison procedures and availability.
If you have a matter of a serious nature which you need to discuss with consular staff on the telephone you may ask the authorities to pass a message to the British High Commission on your behalf. We will then make a telephone appointment to speak with you. We will only do this if we consider the issue to require urgent attention.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in Antigua and Barbuda.
If you require medical or dental treatment, you should notify prison staff and request an appointment with the doctor. A doctor visits the prison once each month, and non-urgent cases are generally seen during these visits.
Basic medical care is provided free of charge and routine treatment is funded by the prison. This does not usually extend to specialist or non-essential treatment.
For minor illnesses and routine health concerns, inmates can attend the onsite clinic between 07:00 hrs and 15:00 hrs. The clinic is staffed by nurses who are also available on call outside of these hours. Where necessary, inmates may be referred to the nurses for assessment and treatment. In urgent medical cases, inmates are transferred to the nearby public hospital for treatment.
Basic dental care is available when required and may include routine procedures such as fillings and extractions. The doctor only visits once monthly, so submit the request as soon as possible.
Prison doctors are often similar to UK GPs (general practitioners). If you have an unusual or complex condition you might be referred to a specialist outside the prison.
For information about how Prisoners Abroad can help with medical requirements, see Prisoners Abroad.
Treatment for a new illness or condition
The process for this will be explained by the prison officials and is usually straightforward. Any challenges with this can be reported to the assigned prison’s personnel and/or to your consular representative.
Existing conditions
The British High Commission can try to make sure the prison knows about any medical or dental issues you have if you want it to. It can also talk to your UK GP to help get your medical records sent to the prison.
You might be transferred to a hospital with a police guard if your condition cannot be treated in prison.
Drug and alcohol addiction
There are no specialist facilities for drug and alcohol addiction.
Talk to the prison doctor as soon as possible if you feel you need treatment for your drug and alcohol addiction.
The prison may be able to make recommendations about adjustments for addiction issues.
Mental health care
There are no specialist mental health facilities within the prison. If you feel that you need support for your mental health, for example, if you have depression or anxiety you should speak to the prison doctor as soon as possible so that your needs can be assessed.
Where appropriate, inmates may be referred to the local psychiatric hospital for further evaluation and treatment. In addition, mental health professionals from the psychiatric hospital visit the prison twice each month to conduct mental health assessments and reviews.
Food and diet
Food is prepared in the kitchen area and served 3 times daily. The prison authorities assure us that the food they provide is a balanced diet giving the necessary daily nutritional requirements (e.g. meat, rice, bananas, bread, beans, and peas).
There is little opportunity to buy supplements for your diet in the prison, although visiting family members or friends are permitted to bring specific food items. Clean drinking water is available.
Special diets
A special diet can only be approved where the prison doctor gives authority on medical grounds. Dietary needs for vegetarians and inmates with religious beliefs will be accommodated where possible but are not guaranteed.
Prison shop
There is currently no prison shop or commissary available. Inmates who require additional personal items must arrange for them to be provided by friends or family, subject to prison rules and approval procedures.
Showers
Inmates are allowed to bathe twice daily. The showers and toilets are shared by all inmates. There are separate showers available for inmates on remand and those who have been sentenced. Basic toiletries are provided by the prison on admission and twice a month after admission. The prison does not presently have a shop.
Work and study
Due to the limited range of work opportunities available within the prison, demand often exceeds the number of positions available. As a result, employment is generally restricted to inmates with specific skills or experience. For further information about work opportunities and eligibility, you should speak with the prison authorities.
There are opportunities to apply for literacy courses when available.
Books, languages and activities
There is a library onsite offering a wide range of literature. Books being taken to cells will be security checked.
You might be able to:
- order books directly from publishers or authorised websites
- subscribe to English newspapers or magazines
Ask the prison. You always need permission before ordering a particular book, magazine or newspaper.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Exercise
Sentenced inmates are allowed to go outdoors from 6:00am to 10:00am and again from 11:30am to 1:30pm. During this time inmates are also allowed to visit opened areas such as the communal space and the yard which has basketball and cricket facilities. Outdoor time may be extended subject to approval from the prison authorities.
Clothing
Remanded prisoners may be permitted to wear their own clothing, subject to restrictions on certain items. Specific colours may also be required to ensure remanded prisoners can be easily identified. You should check with the prison for further information.
Sentenced prisoners will be issued with a prison uniform. If you have questions about your personal belongings or the process, you should speak to your lawyer. They are best placed to provide advice on your specific case.
Religion
You are allowed to take part in religious services of your choice. You also have the right to receive visits from a priest, rabbi or minister of your faith.
Mobile phones
Mobile phones are strictly forbidden in both prison facilities in Antigua and Barbuda. You will be disciplined if you or anyone visiting you are found with one. This may include losing your job or affecting your release date. Visits could also be suspended.
Transferring to another prison
Transferring to another prison within Antigua and Barbuda
There is only one prison in Antigua and Barbuda
Transferring to another prison in the UK
You may be able to apply to transfer to a prison in the UK.
There is a Prisoner Transfer Agreement (PTA) between the UK and Antigua and Barbuda.
If you are sentenced to a term of imprisonment you may apply to serve the term in the UK, subject to the provisions of the PTA and providing you have at least 6 months remaining on your sentence and no outstanding fines to pay to the courts in Antigua. The consular representative can explain the scheme to you in more detail.
It is important to be aware that overseas convictions could eventually appear on record in the UK. There are various ways the UK authorities can find out about overseas convictions and avoiding a prisoner transfer to the UK does not necessarily mean that the UK authorities will not find out.
To transfer, you must:
- be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
- not be awaiting trial
- have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
- have at least 6 months of your sentence left to serve when you apply for transfer
- have no outstanding fines or other non-custodial penalties
The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.
The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer, then 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 residents there.
If you wish to apply for a prisoner transfer to the UK you should write to the Superintendent of the Prison in Antigua and notify the consular team.
Early release
Circumstances which can result in early release may vary. Your lawyer is best placed to advise you on the possibility of early release.
You can sometimes have your sentence reduced, especially if you are a first-time offender. Clemency or pardon is possible in some rare cases. You can also sometimes pay a fine instead of spending time in prison.
Reduction of sentence (remission)
At the time of sentencing, the magistrate or judge has the option to decide if time which has already been served on remand will be taken into consideration; this is not an automatic right. Once convicted, prison authorities will advise prisoners of the terms of their sentence, including the expected date of release. It is normal practice for prisoners to serve at least 2-thirds of their sentence.
Clemency or pardon
Your lawyer is best placed to consider the nature of your offence and advise you on the possibility of clemency or pardon.
Paying a fine instead of detention
If your sentence includes a fine, the verdict must say how many days you would have to spend in prison if you did not pay the fine.
Release and return to the UK
You can contact the British High Commission Bridgetown if you need help when you’re released.
Deportation
The prison authorities will inform you of your release date as you near the end of your sentence. In turn, the British High Commission can assist in informing family/friends in the UK.
Foreign nationals are not usually permitted to stay in Antigua and Barbuda after release.
Flights to the UK
As you approach the end of your sentence, the prison authorities will tell you your release date.
The British High Commission can help inform your family or friends in the UK of your confirmed release date, if you wish.
Foreign nationals are responsible for paying the cost of their return flight to the UK. You should only make flight reservations once the prison authorities have confirmed your release date.
Where applicable, prison social workers may be able to work with your family in the UK to provide support with release arrangements.
Getting a passport
Make sure your British passport is still in date. Contact the British High Commission before you’re released if you need an emergency passport (emergency travel document) for your journey home.
Annex
FCDO guidance: Support for British nationals abroad
FCDO guidance: Arrested abroad: advice for British nationals
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