Arrested or in prison in Botswana
This guide provides information about being arrested in Botswana and what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in Botswana 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 Botswana
- the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Gaborone
British High Commission Gaborone
Plot 1079-1084, Queens Road, Main Mall Gaborone
Telephone: +267 3952841/ +44 (0)20 7008 5000
Finding a lawyer
Find a lawyer in Botswana
You should carefully consider getting a local Botswana lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Botswana).
Private lawyers
Check the list of local English-speaking lawyers if you want to appoint your own private lawyer. Ask the British High Commission if you need a paper copy.
Private lawyers will normally want a cash advance for their estimated legal fees (which may be high) before starting work on your case. The government of Botswana provides a lawyer for free to all people who are accused of capital crimes (e.g. murder and treason) if they cannot afford a lawyer. It is advisable to agree on a flat rate on the case before they begin work or you may find yourself facing ‘extra expenses’.
In criminal cases, the state generally covers the prosecution costs while in civil cases, generally the losing party is ordered to pay the costs of the successful party.
Legal aid
Legal aid is generally not available to foreign nationals. It primarily serves citizens, permanent residents and refugees. Under exceptional circumstances, Legal Aid Botswana may grant legal aid to people who are otherwise excluded by the requirements if they pass the means test.
Some private lawyers may offer pro bono (free or reduced fee) services to foreign nationals who do not qualify for legal aid.
Court-appointed lawyers
If you do not appoint your own private lawyer, you can ask for a court-appointed lawyer, if you are accused of capital crimes (murder and treason).
You may request a change of your government appointed lawyer if you’re not happy with them. It is not an automatic right and requires valid reasons. You do not have to pay back the fee for the government appointed lawyer even if you are found guilty.
What happens when you’re arrested in Botswana
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’ve been arrested
- that initial proceedings against you have started
- your rights
It is unlikely that you will need an interpreter since Botswana is an English-speaking country, but you must be given an interpreter if you ask for one. Do not sign any documents unless you understand them.
Your rights
You have the right to:
- appoint a defence lawyer of your choice immediately
- refuse to answer questions at any stage of the investigation. You must, however, not refuse to tell the police your name and address
- ask for an interpreter
- tell your next-of-kin you’ve been arrested
- tell the British High Commission you’ve been arrested
- food, water, and medical attention
If these rights are denied, you may request to speak to the station commander or officer in charge or ask your lawyer to raise the issue.
How long you can be held for
You may be detained for up to 48 hours without being charged. After 48 hours, you must be brought before a court to hear the charges against you.
Personal belongings
You may access your belongings unless they are considered evidence or classified as dangerous items that could pose a risk to yourself or others in custody. Authorities are responsible for safeguarding your possessions during detention.
Going to court
- there’s no jury system in Botswana
- trials are heard by a judge, with support from a court secretary, prosecutor, the accused’s lawyer, the accused, and a translator, if needed
- the state will only appoint a lawyer for you if the offence carries a possible death sentence (e.g. murder or treason)
- for all other offences, you must hire and pay for your own lawyer
You must be taken to court within 48 hours from when you’re arrested. 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 on bail, with certain conditions attached
- 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.
- you will be transferred directly from court to prison
- you will be placed in the same facility as sentenced prisoners, even if you haven’t been convicted yet
- if you are awaiting conviction, you may keep and wear your own clothing
- you will be subject to the same restrictions as convicted prisoners
How long you can be on remand for
If you’re sent to court, the trial should happen within 31 days or you should be given bail- unless there’s a valid reason for delay. If six months go by without a trial or transfer, you may be released.
Bail
You may be granted bail if the court is satisfied that:
- you are less likely to repeat the same offence whilst on bail
- there is very little evidence to support the charge
- you show that you will not interfere with witnesses
- you are less likely to leave the country in order to avoid facing trial. You may be asked to surrender your passport to the police before being granted bail
The amount of bail to be taken is at the discretion of the judicial officer. Failure to comply with the bail conditions will normally mean that you lose the bail money and will be re-arrested.
The High Commission cannot transfer bail funds for you.
Arriving at prison
You will go through an intake process which includes:
- your identification
- search to ensure you are not bringing any prohibited items
- basic medical check to assess any immediate medical needs
Your next-of-kin will not be told you’re in prison unless you give your permission.
Personal belongings
A valuables register will be used to capture all possessions that are confiscated from you. You can keep and use your own clothing if you are yet to be convicted. If you have been convicted, you will be required to use prison clothing.
Your prison cell
- overcrowding is common, with some cells holding over 50 inmates
- cell size and prisoner numbers vary by prison
- sentenced and remand prisoners are often held together
- prisoners are confined to cells at different times based on their security group
- movement between prison wings is not allowed
- natural light is available in normal security prisons; very limited in maximum security.
- basic items provided: blankets, mattresses, washbasins, toilets, running water, and electricity
- not provided: toiletries — these must be supplied by family, friends, or church groups
- awaiting-trial prisoners may buy necessities with prior approval
If you face ill-treatment, discrimination, threats, or violence, report it to the Officer-in-Charge and the British High Commission.
Contacting the British High Commission
Tell the prison if you want the British High Commission to know you’re in prison.
Medical check-up
A doctor will give you a check-up within the first few days of being in prison. It might include x-rays and blood tests.
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.
Rights and responsibilities in prison
- prison rules and regulations are explained to prisoners when prisoners arrive
- punishment for drug possession can include cancelation of remission from your sentence or addition of time to your sentence. Other punishments can be isolation and or meal reduction
- taking on work in prison may help you earn credits for good behaviour, which can lead to a reduced sentence in many prisons
Visits from family or friends
Family and friends are allowed to visit you on specific days determined by the prison authorities.
When family members come from the UK for visits consular staff can try to arrange extra visit days considering the distance families travel to see you. These extra days are authorised by the Commissioner of Prisons and the decision is discretionary.
You or your family or friends can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
You can normally receive visitors once every four weeks and in addition on the following occasions:
- on admission to prison
- prior to transfer from one prison to another
- if dangerously ill
During the visit
- visits take place behind a barrier with a guard nearby
- visitors will need to bring a form of ID and will be searched before they enter
- the duration of the meeting will depend on the number of other visitors on the day
What visitors can take with them
Food and toiletry items are permitted to be brought into prisons by visitors. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem unacceptable.
Visits from British High Commission staff
We aim to contact you within 24 hours of hearing you have been arrested. We will visit you once after arrest and again after sentencing. After that, we will agree a visit schedule based on your personal circumstances.
You can write to us at any time about issues you’re concerned about. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.
Money
The British High Commission does not provide financial assistance to prisoners.
Money transfers from family or friends
- prisoners are not permitted to physically carry cash on their person. The prison has a credit system which can be credited by deposits from family & friends
- items of value i.e. cigarettes and toiletries are useful for trade between inmates
- do not make it evident if you have access to regular funds, as this might make you a target for extortion by gangs in prisons
How to make a complaint about mistreatment
The British High Commission can help if you have been mistreated or abused - it will take all complaints seriously. Tell it first if you decide to make a complaint. It will ask your permission before taking any action.
- if you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received
- if you wish to lodge a complaint through the local system about mistreatment you can speak to the Officer in charge of the Prison
Your investigation and trial in Botswana
Botswana has a dual system: it uses both modern law (from British influence) and customary law, which is based on local traditions and is used mostly in rural areas.
There are three courts in the civil court system: the Court of Appeal, the High Court, and the Magistrate Court.
There is no jury system in Botswana. Trials are heard by a judge, the court (usually made up of three legal representatives) the secretary of court, the prosecutor, the lawyer for the accused, the accused and a translator if necessary.
If you’re found guilty, you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can tell you what or how long your sentence might be.
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)
Completion of investigations
While you’re on remand before the trial, the public prosecutor 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.
Pre-Trial
The prosecutor prepares a charge sheet or indictment listing each offence clearly, then the court checks the charges for fairness, and the accused is called to plead to each one personally. If they refuse to plead, the court enters a ‘not guilty’ plea.
Trial
- the accused hears the charges and gets an interpreter if needed
- the prosecutor presents the case, and both sides question witnesses and give final speeches before the judge decides
The judge decides the punishment based on the law and personal factors like remorse or being a first-time offender. Each offence gets its own sentence.
Appeals
- if the accused believes there was a mistake, they can appeal within 14 days
- the higher court can change or cancel the decision
- prosecution can appeal only with permission from the court, and they can only appeal if the issue is about the law, not about facts or evidence
Non-legal remedies
A convicted person can ask the President for a pardon or lighter sentence, which is decided with advice from a special committee.
A presidential pardon is sought by writing a letter explaining why they would want to be pardoned.
The British High Commission cannot interfere with the Botswana 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.
Choice of court
Customary Court
Handles minor offences (foreigners may be tried in customary courts). In customary courts the defendant does not have legal counsel, and there are no precise rules of evidence. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences, which may be appealed through the civil court system. At the beginning of proceedings, you can request to move your case from a customary court to the Magistrates Court where you can engage legal representation.
The Magistrates Court
Can try any criminal offence, except offences where the punishment could be death or more than 21 years in prison. They also cannot try cases involving attempts, plans, or help given to commit those very serious offences.
The High Court
Can try any person charged with committing any offence within Botswana.
The decisions of the Court of Appeal bind all inferior courts.
Prison conditions in Botswana
There are various state-run prisons throughout Botswana, mostly situated in and around towns and cities.
Over-crowding is becoming a major problem. The number of inmates to each cell depends upon the size of the cell and number of prisoners in that particular prison.
Prisoners are confined to their cells at different times of the day depending on their security group. Inmates are usually confined to their respective prison wings and are not permitted to move to other wings.
If you experience ill-treatment, discrimination, threats or violence you should report to the Officer in Charge of the prison and the British High Commission as soon as possible. At your request, we will raise allegations of mistreatment with local authorities or provide advice for how you can raise them yourself if it feels safe to do so. You can call us 24/7 on +267 395284/ +44 (0)20 7008 5000.
Letters and packages
Friends and family can send you mail directly to the prison or via the High Commission if they feel it is necessary. However, if it comes via the High Commission, depending on content or urgency we may only be able to deliver it during our normal visit schedule.
Please note that parcels brought by us would still need to go through the normal check and search by prison officials prior to us handing it to you. We are however not able to forward mail on your behalf to the UK.
Checks on your mail
Prison authorities are likely to open/read or censor your mail. This will delay you getting it, typically by several hours to a day.
Telephone calls
Mobile phones are not allowed in prisons.
There is usually a pay phone, and times are allocated for this per section but there is sometimes not sufficient time to accommodate everybody wanting to make a call.
Pre-paid telephone cards are available for purchase. Under exceptional circumstances with prior approval, you may be able to use the prison office’s landline.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in Botswana.
Health service delivery is comprised of public, private for profit, and private non-profit practice.
If you need medical, psychological or dental treatment you should ask to see the prison doctor. There may be a waiting list.
Prescribed medication or pain tablets will be made available to you in prison. They are usually ordered from the state hospitals, so it is advisable to order before you run out as there are often delays.
Treatment for a new illness or condition
Speak to the prison guards or your social worker if you need medical or dental treatment.
The doctor might not visit every day in smaller prisons, so submit the request as soon as possible.
Prison doctors are often similar to UK GPs (general practitioners). So if you have an unusual or complex condition you might be referred to a specialist outside the prison.
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 prison guard if your condition cannot be treated in prison.
Drug and alcohol addiction
Discuss any drug or alcohol addiction with the prison doctor.
Mental health care
Talk to the prison psychologist or doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Emergency trips outside prison
You can apply for an emergency trip outside prison within Botswana if an urgent matter comes up that cannot be postponed, like a funeral of a close relative.
Food and diet
You can expect up to three meals per day provided by the prison. The food is prepared by other inmates and is a combination of the various food groups.
Supplements may have to be authorised by the prison doctor as a health requirement.
Clean drinking water is available.
Showers and hygiene
You are allowed to shower as many times as you would like to.
The shower facilities are communal, and you will be expected to participate with other inmates in keeping them clean.
Showers are not always clean so you may wish to buy shower shoes to avoid contracting diseases.
Work and study
There are opportunities to work while in prison for a low pay. Taking on work in prison will keep you busy and earns you a good reputation of good conduct that may assist you obtain credits for good behaviour.
Due to overcrowding, there are long waiting lists to get these job opportunities. Other alternatives would be to volunteer for prison duties (like cleaning) which would also earn credits and keep you busy throughout the day.
Prison authorities have told us that prison tries to give vocational training for every prisoner especially the younger ones to prepare them for conditions of normal occupational employment.
Books, languages, activities and study
Contact and interaction with other inmates is allowed. Guards and most inmates will speak to you in English.
Detainees have no access to libraries or the internet. Prisoners can choose to participate in cultural and social activities if they wish to do so. Books, magazines and newspapers, some of which are in English, are usually brought to prison by church groups.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Exercise
Most prisons have a gym or place of exercise, but they are often not properly equipped.
Prisoners can play football and other sports depending on the amount of outdoor time they have.
Time outside your cell is granted according to the level of security you are under.
Religion
Prisoners are entitled to take part in religious services of their choice and have the right to receive visits from a priest, rabbi or minister of their faith.
Prisons are staffed by religious ministers, who normally practice Christianity, but you may choose to not participate in any of their activities.
Transferring to another prison
Transferring to a prison in the UK
The UK and Botswana do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.
Transferring to a prison in Botswana
You can transfer to another prison in Botswana.
The Department of Prisons and Rehabilitation will in most cases try to allocate you a prison closest to your family members in Botswana. This will however depend on whether the desired facility is equipped to detain you in accordance with the category of your sentence (e.g., maximum, medium).
If you do not have family living in Botswana it is likely that you will be placed at a facility which has space to accommodate you. In most cases for a transfer application to be approved there will need to be a prisoner from your desired facility willing to swap.
Early release
If you are sentenced to more than one month imprisonment, you will be granted remission of one third of your sentence on admission to prison.
Reduction of sentence (remission)
Your sentence can be reduced for showing good behaviour in prison.
Special remission can be granted if you have severe mental or physical health challenges or any special circumstances that in the opinion of the parole board warrants such remission.
Clemency or pardon
Anyone, who has been convicted and sentenced for any offence, has an opportunity to seek a presidential pardon. Presidential pardoning covers all offences including murder.
When seeking a presidential pardon, you must make an application to the President of Botswana by writing a letter explaining why you would want to be pardoned.
The president might totally pardon or substitute the sentence with a lesser one.
He might also pardon with conditions or chose not to pardon at all.
In doing so, the President, with his advisory committee on the Prerogative of Mercy, looks at all the relevant circumstances surrounding the case.
Release and deportation
You can contact the British High Commission if you need help when you’re released.
Deportation
Once a warrant for your release has been issued, you will be transferred to police custody on your release date. You will remain there for at least two weeks until the department of immigration has processed your flight ticket at the expense of the state.
If you tell the High Commission, you are to be removed or deported, the High Commission will explain to you the deportation process and assistance offered by Prisoners Abroad.
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 for your journey home.
Useful Botswana words and phrases
Important phrases
- I would like to see a doctor / Ke eletsa go bona ngaka
- I would like to visit a social worker / Ke eletsa go bona ba boipelego
- I would like to contact the consulate / Ke eletsa go bua le ofisi ya boemedi jwa lefatshe lame
- I would like to contact my lawyer / Ke eletsa go bua le mmueledi wame
Useful legal terms
| Word | Meaning |
|---|---|
| Appeal | A formal request to a higher court to review your case if you believe there was a legal error. |
| Arrest warrant | A legal document issued by a court allowing the police to arrest you. |
| Bail | Temporary release from custody while awaiting trial. |
| British High Commission | The UK’s diplomatic office in Botswana. |
| Charge sheet | A document listing the offences you are accused of. |
| Consular visit | A visit from British High Commission staff to check on your welfare and offer support. |
| Deportation | Removal from Botswana after release from prison. |
| High Court | Can try any offence committed in Botswana. |
| Legal aid | Free legal help |
| Presidential pardon | A form of clemency granted by the President, which may reduce or cancel your sentence. |
| Remand | Being held in prison while waiting for your trial or investigation to finish. |
| Remission | A reduction of your sentence for good behaviour or special circumstances. |
| Sentence | The punishment given if you are found guilty. |
| Trial | The legal process where the court hears evidence and decides if you are guilty. |
Other useful terms (Food)
| Word | Meaning |
|---|---|
| Bogobe | Porridge |
| Seswaa | Pounded beef |
| Morogo | Wild spinach |
| Dikgobe | Samp and beans |
| Phane | Mopane worms |
| Magwinya | Fat cakes |
| Ting ya mabele | Fermented sorghum porridge |
| Nama ya kgomo | Beef |
| Mogodu | Tripe |
| Ditloo | Bambara groundnuts |