Arrested or in prison in Ghana
This guide provides information about being arrested in Ghana what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in Ghana 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:
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the British High Commission in Ghana
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the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Accra
British High Commission
Julius Nyerere Link
P.O. Box 296
Osu - Accra
Telephone: +233 302 213 200 option 2
Finding a lawyer and translator
Find a lawyer in Ghana
You should carefully consider getting a local Ghanaian lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Ghana).
Private lawyers
You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative.
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.
If you do engage a lawyer, they may ask for an advance of estimated legal fees before they will take on a case.
Consular staff cannot give legal advice, pay your legal expenses or guarantee to a lawyer that you will pay them.
Legal aid
Legal aid may be available through some law firms that offer such assistance. The conditions for eligibility, including income or other requirements, as well as the scope of support provided, are determined by the individual law firm. You are therefore advised to contact the relevant law firm directly for further information.
Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
Court-appointed lawyers
If you do not have your own lawyer, your case will be adjourned to allow you to obtain legal representation at your own cost. Where possible, the court may arrange for a lawyer to represent you, subject to availability.
Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
What happens when you’re arrested in Ghana
If you are arrested, restricted or detained you should be informed immediately, in a language that you understand, of the reasons for your arrest and of your right to a lawyer of your choice. You have the right to make a phone call to speak to a family member or a lawyer under supervision. You can call an overseas number. Within 48 hours. you must be sent to the court.
You will either be remanded in custody or granted bail by the court or the police. The police can grant you a police enquiry bail, i.e. in circumstances, where it is not possible for a person arrested without a warrant to be brought before a court within 48 hours, the police may require them to enter into a bond.
If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.
You can be arrested and taken to a local police station:
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because of an existing arrest warrant
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where there are grounds for issuing an arrest warrant
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if you’re caught in the act of performing a crime
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if it’s expected you’ll leave the country to escape justice
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if your identity cannot be confirmed
The police must tell you in English (or a language you understand):
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why you’ve been arrested
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that initial proceedings against you have started
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your rights
Do not sign any documents unless you understand them.
Your rights
If you are arrested, restricted or detained, you should be informed immediately in a language that you understand, of the reasons for your arrest and of your right to a lawyer of your choice.
You have a right to insist on having legal representation before answering questions or making a statement. Although there is no such thing as appropriate eating or drinking breaks, if you are hungry, it is very likely that some food would be brought in whilst you are being interviewed at the police station.
You also have the right to:
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remain silent
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tell your next-of-kin you’ve been arrested
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visit the hospital should you be hurt in any way
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tell the British High Commission you’ve been arrested
Normally, you will appear before a magistrate on the day after your arrest. However, if the following day falls on the weekend, you will appear before a magistrate on the next working day.
They will determine:
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whether you have been legally detained and, if they are satisfied on that point
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whether you should be released on bail or held on remand until your next court hearing
You can only be remanded in custody whilst the authorities conduct their investigation.
You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence, but it usually takes several months (possibly over a year) before a case comes to court for a full hearing.
You can be remanded for as long as the case is pending in court (unless granted bail). While on, remand you should be sent to court every other week. You have the right to seek bail at any stage of your remand or detention.
It is rare for foreign nationals to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is offered, it is usual to remove the passport of a foreign national before releasing them from detention to prevent them leaving the country.
Similar factors are considered in the UK, so we do not regard this as a form of discrimination. You may be asked to submit your passport to the courts as part of your bail conditions. Consular staff cannot issue you a new travel document if your passport is held as a condition of bail.
How long can you be held for
You will either be remanded in custody or granted bail by the court or the police. The police can grant you a police enquiry bail, i.e. in circumstances where it is not possible for a person arrested without a warrant to be brought before a court within 48 hours, the police may require them to enter into a bond.
Personal belongings
At the reception office, your valuables are taken – cash is recorded in a cash registry and other property is recorded in a property registry. Cash is kept in a safe, either in the second-in-command’s office or the officer in charge’s office. Belongings are kept safe (not likely to go missing) and are returned to you at the end of your sentence.
Going to court
You must be taken to a court of competent jurisdiction within 48 hours from when you are arrested. At court, the examining judge will discuss your case with you. They will decide if you will:
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be placed on remand to wait for your trial
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be released on bail with certain conditions attached
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be released without charge
You must be brought before a court of competent jurisdiction. Your preliminary court appearance will be at the district or magistrate’s court. If you do not have legal representation, the matter will be adjourned for you to obtain a lawyer (not free). The court may ask a lawyer to step in and represent you if available.
Ghana is an English-speaking country, and there should be no need for translators.
If you believe the charges against you are incorrect, you are expected to follow court procedures to clear those charges. No extra time is given.
You are expected to enter a plea (not guilty or guilty).
At the first hearing, the prosecution may address the court and explain the case against you. The floor is then given to the victim to present their compensation claims before the public ministry representative, who will make submissions to charge and/or discharge.
Your lawyer will then plead your case. Each party has the right to reply, but you will always have the last word. Finally, the Tribunal or the Court of Assizes (for crimes) will make its decision. If the court is of the opinion that there is a case to answer, it will commit you for trial to a court of competent jurisdiction.
You must be brought to court on every adjourned date.
The prosecution must prove its case beyond reasonable doubt.
Court proceedings in Ghana can take a long time to be completed, and the judicial service is usually on legal vacation from July to October each year.
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 are kept separately from convicted prisoners because you are presumed innocent until a court finds you guilty.
You are also entitled to basic needs (food, clothes, healthcare, beddings, recreation etc.)
You are allowed to communicate with your family and lawyer as and when necessary.
How long you can be on remand for
You can only be remanded in custody whilst the authorities conduct their investigation. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified.
The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence, but it usually takes several months (possibly over a year) before a case comes to court for a full hearing. You can be remanded in custody for as long as the case is pending in court (unless granted bail). While on remand, you should be sent to court every other week. You however have the right to seek bail at any stage of your remand or detention.
Bail
Bail may be considered at the first hearing and at subsequent hearings, including committal proceedings. Every offence or case has the possibility of bail. Bail is at the discretion of the judge.
Normally, you will appear before a magistrate on the next working day after your arrest.
They will determine:
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whether you have been legally detained and, if they are satisfied on that point,
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whether you should be released on bail or held on remand until your next court hearing
It is rare for foreign nationals to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is granted, it is standard practice to retain the passport of a foreign national prior to their release from detention, in order to prevent them from leaving the country.
In assessing whether to permit bail, the judicial authorities are entitled to consider a person’s links to the country and how likely it is that they will flee. This means that foreign nationals are less likely to receive bail. Similar factors are considered in the UK, so we do not regard this as a form of discrimination. You may be asked to submit your passport to the courts as part of your bail conditions. We cannot issue you a new travel document if your passport is held as a condition of bail.
As a foreign national, you may be able to obtain bail by providing a surety from a Ghanaian national.
If you are refused bail in Accra, you are usually held on remand at Nsawam prison, north of Accra (approximately 2 hours by car). Remand prisoners from elsewhere in Ghana can also be transferred to there to await trial.
If the charges against you are dropped because of insufficient evidence, you will be released and deported.
In the event that you are allowed to leave Ghana on condition that you return for your court case, failure to comply could result to you being placed on an immigration blacklist and/or being extradited from the UK to stand trial.
If you are granted bail, you will need to find sufficient funds to support yourself. Depending on your visa status, the local authorities may not be able to provide support. We cannot provide funding or find you a job.
Consular staff can assist prisoners with contacting friends and family who may be willing to help.
The High Commission cannot transfer bail funds for you.
Arriving at prison
You will arrive at the prison with a conviction order that contains the warrant of conviction. At the entrance, your basic details are taken (height, weight, etc.). Wardens will then check the details of the warrant and, if correct, you will be sent to the reception office, where biometrics are collected and your sentence is calculated (this can take some time).
Consular staff have no access to your belongings and cannot make a claim for them.
You have the right to make local and international phone calls upon arrival at the prison and as often as possible, provided you can afford to pay for the calls.
You will not be interviewed by a doctor and/or a social worker on arrival. You are allowed to keep a few personal items of clothing for social, recreational and religious purposes (e.g. football jerseys, kaftans for Muslims).
Your next of kin will not be told that you are in prison unless you give your permission.
Personal belongings
At the reception office, your valuables are taken – cash is recorded in a cash registry and other property is recorded in a property registry. Cash is kept in a safe, either in the second-in-command’s office or the officer in charge’s office. Your belongings are kept safe (not likely to go missing) and are returned to you at the end of your sentence. You will then be searched and allocated to a cell.
Your prison cell
Sentenced prisoners and those on remand are held separately. There are no single prison cells; all cells are shared. The number of inmates in a cell is dependent on the size of the cell. Some prisoners might be put into a segregated “protection” area of the prison. This could be because their alleged offence might otherwise put their safety at risk, or because they are considered violent.
Cells have bunk beds with mattresses. Some cells have toilets in the dormitory while others are located outside.
Dormitories have windows which provide natural light.
Contacting the British High Commission
Tell the prison if you want the British High Commission to know you’re in prison.
Medical check-up
You will not be interviewed by a doctor and/or a social worker on arrival.
If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful to have your medical records, or at least a report, sent from the UK for the information of the prison service.
Contact the British High Commission if you need help getting your medical notes from the UK.
Rights and responsibilities in prison
Prison rules and regulations are made clear to you on arrival at the prison.
There are different forms of punishment for different offences. For minor punishments, you can either be denied visitors or sent to another cell. For more serious offences, you may be placed in isolation or tried by the regional commander. In the cases of assault and possession of drugs, you will be charged and sent to court. Conjugal rights are not permitted.
There are rewards for good behaviour. You may be given a leadership position such as head of a dormitory, for good conduct. You may also be considered for amnesty or sentence reduction through the Justice for All Programme.
Visits from family or friends
You should consult FCDO travel advice before you travel to Ghana for the latest information on safety and security, entry requirements and travel warnings.
If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison and what they can and cannot bring.
You or your family or friends can ask your lawyer or the prison directly about the rules.
How many visits you’re allowed
No visits are allowed on Sundays and public holidays. On weekdays, visitors can visit between 7am and 2pm and on Saturdays, between 8am and 12noon.
You are entitled to a visit every fortnight.
Arranging visits
Visits to a foreign national can only be made once a permit has been granted the Director General of the Prison Service. Your family or friends must apply for this permit.
Only one permit can be issued during each two-week period and the prison authorities may refuse visits from non-relatives.
The prison can also refuse visitors if you are being disciplined for bad behaviour or if a visit will prejudice your court case.
A longer visit can be arranged if a family member has travelled from abroad. A special request has to be made for this, and visitors need to apply to the Prison Administration.
During the visit
Visitors should arrive around 30 minutes before each visit and should bring some form of identification. They will be searched and their phones will be taken from them. Phones and IDs are held by the prison and returned at the end of each visit. A meeting room will be provided for foreign visitors, with a prison officer present.
It is advisable to give your family and friends as much information as possible about what to expect when they arrive at the prison. They may find seeing you in a prison visiting area, with guards present, a distressing experience.
What visitors can take with them
Visitors are permitted to bring clothing, detergents, toiletries and cooked food. Books and magazines are allowed, provided that their contents do not compromise the prison system. These contents are subject to censorship.
Raw ingredients are not allowed, but snacks and cooked meals are permitted to supplement the food provided by the prison. Alcoholic drinks and mobile phones are prohibited.
Visits from British High Commission staff
We aim to visit you every quarter while you are under trial, though we may visit more often if it is necessary or in an emergency. If you are convicted, we will visit less often but will make an assessment of your vulnerability before deciding how often this will be.
If you have any health or welfare concerns, please discuss these with your Prison Welfare Officer in the first instance or you can write to us at any time on matters of concern (British High Commission, P.O. Box 296, Osu-Accra) – but 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
There are 2 ways you may be able to receive financial assistance while in prison:
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private funds: deposited to you by your family or friends.
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Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)
While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you by post.
The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.
We cannot receive payment by credit or debit card, or by cash.
Prison accounts
Money cannot be directed through a prison bank account. It can only be sent through by post or through a third party.
How to make a complaint about mistreatment
The British High Commission can help if you have been mistreated or abused - we will take all complaints seriously. Tell us first if you decide to make a complaint. We will ask your permission before taking any action.
You can make a complaint when you are introduced to the prosecutor or during your hearing in court. You or your lawyer can as well file a complaint in writing (letter format) to the prosecutor during review.
If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible, take photos of your injuries.
If you feel you have a justified complaint about prison conditions, raise it with the welfare officer or another superior prison official or the Senior Chief Officer (Administration) in the first instance. If this does not resolve the matter, contact consular staff and we will take action as appropriate.
Your investigation and trial in Ghana
The Ghanaian justice system is ‘inquisitorial’. There is no jury.
Judges have the responsibility of carrying out a detailed assessment of all the facts of your case. Their final decision will be based on these findings.
Your trial starts when the investigation is finished.
The Ghanaian judicial system and the UK judicial system have some similarities. For example, you are presumed innocent until proven guilty; you have a right to legal representation, interpreter, fair trial and appeal. However, there are fundamental differences. For example, the Ghanaian judicial system is extremely backlogged and understaffed, and a lack of resources means it is extremely difficult to achieve anything quickly. The system is also highly bureaucratic. Lawyers may charge large sums of money, make grand promises and deliver very little. You may remain in prison for a considerable period without being sentenced.
Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign any documents, ask to speak to your lawyer.
The British High Commission cannot interfere with the Ghanaian 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
The type of court your case will be heard in normally depends on how serious the alleged offences are:
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the District/ Magistrate/ Circuit courts - for misdemeanours
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the High Courts – indictable offences (felonies)
If some of the offences are indictable-only, the charges are usually joined together. Where they arise from the same facts or form part of a series of similar offences, they are likely to be sent to the High Court for trial.
Start of your trial
You must be brought to court on every adjourned date. Adjournments must not take more than two weeks. The Prosecution must prove its case beyond reasonable doubt.
The sequence for any trial is as follows:
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prosecution opening speech
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prosecution witnesses giving evidence
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cross-examination of witnesses
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re-examination of witnesses
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defence submission of No Case to Answer
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defence case - witnesses giving evidence
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cross-examination of defence witnesses
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re-examination of defence witnesses
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defence closing speech
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decision by court
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sentence
Victims are not usually given a chance to participate in any stage of the proceedings apart from giving their statements under oath.
Sentences
If you’re found guilty, you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can advise you on what your sentence might be or how long it could be.
Sentences can include:
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misdemeanours (1-3 years)
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second-degree felony (not exceeding 10 years)
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first-degree felony (maximum of a life term or less)
Some punishments in the Criminal include imprisonment, detention, fine, payment of compensation, liability of police supervision and the death penalty.
Crimes that may be punishable by the death penalty (capital punishment) include murder, piracy and treason.
Making an appeal
Appeals are made by the appellant in criminal cases.
Where a case is prosecuted by the State and the State loses, the State may appeal.
Any aggrieved party may appeal. An appeal from the District Court may go to the Circuit Court; from the Circuit Court to the High Court; from there to the Court of Appeal; and finally to the Supreme Court (except in civil cases, where appeals from the Circuit Court go to the Court of Appeal and finally to the Supreme Court).
You are entitled to appeal both your conviction and your sentence, either together or separately, following sentencing in a lower court.
The deadline for submitting an appeal is 30 days, although an application for an extension of time may be made.
Depending on where you were convicted, if you were convicted in a lower court, you can appeal to the High Court and then to the Court of Appeal. If you were tried on indictment at the High Court, you can appeal to the Court of Appeal and then to the Supreme Court.
If you are acquitted, the prosecution has the right to appeal to a higher court.
If either party appeals, you should be aware that your sentence may stay the same, be reduced, or be increased.
Prison conditions in Ghana
Prison conditions in Ghana are considerably poorer than those in UK prisons. There may be problems such as overcrowding, lack of adequate meals, clean drinking water and electricity, and poor sanitation.
You must avoid breaking prison rules. You may be formally charged if you are found guilty of an offence. You will be put in solitary confinement if you are deemed harmful to himself or others.
It is advisable to limit the amount of information about yourself or your case that you share with other inmates, no matter how friendly they may seem.
Letters and packages
You cannot receive and send mail directly. All mail has to pass through the Officer in Charge of the prison who can censor it. You can receive and send one letter during each two-week period. There are rules about what you can and cannot receive. For example, pornographic material is not allowed. Ghana is a very conservative society, so material which may be considered to be adult may be deemed pornographic. Prison authorities are obliged to deliver letters with minimum delay.
Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence so that you can keep track of anything that goes missing.
Unfortunately, consular staff cannot accept mail for onward delivery. Any mail received will be returned to the sender.
You may receive parcels and your family may send you the following items:
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underpants (new, in their package, any colour)
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singlets (any colour)
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photographs
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regional or overseas newspapers
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wireless radio (battery powered – prisoners can send batteries or purchase some on site)
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books or magazines (these will be censored to meet the standards of the Prison Service)
If you are not sure what other items are allowed, check with your Welfare Officer before asking for them to be sent. If not, you may find that you are not allowed to receive some or all of the contents of the parcel containing a prohibited item. All items brought in will be subject to scrutiny.
Telephone calls
If you wish to speak to your lawyer or family, you will need to go through the Prison Welfare Officer. This is usually done by booking a time to make the call. There are phone booths on site, and calls are monitored. There are no restrictions on the number of calls you can make provided that you can afford the recharge cards. You are permitted to make both domestic and international calls - costs are borne by you.
Numbers are automatically registered. You are also made aware that calls are monitored and recorded for security reasons.
If you are caught with mobile phone, it will be confiscated.
Medical and dental treatment
Your basic medical needs must be met while you are detained in Ghana.
While you are detained, Ghana is responsible for ensuring that your basic medical needs are met.
There is a hospital facility on the prison grounds. Healthcare is provided to all prisoners, irrespective of nationality. On-site referrals can be made by a prison doctor to a specialist at a government hospital facility.
If you need medical or dental treatment, you should make an appointment to see the prison nurse. The nurse can provide routine treatment. For more serious conditions, you will be referred to the nearest public hospital. If a specialist is required, you will be referred accordingly. If medical costs cannot be covered by the Prison Service, assistance may be sought from your family or religious groups.
If you have a long-standing medical condition and have received treatment in the UK, it may be useful to have your medical records, or at least a report, sent from the UK for the prison service’s information.
With your permission, we can help ensure that any medical or dental issues you have are brought to the attention of the police or prison doctor. We can also contact your GP in the UK if previous medical records are requested.
Any concerns about mental health are taken seriously. If you express worry or show signs of mental health issues, you will be prioritised for medical assistance. You may receive care from a psychiatric nurse or psychologist, and you could be referred to a government psychiatric hospital for further evaluation.
If you have problems with your eyesight, you can seek assistance from the prison medical facility. You may receive treatment and be prescribed glasses if necessary.
In case of an emergency, you should immediately seek help from the prison health facility. You may be referred to an external government hospital, and further specialist treatment costs may be covered by the government.
Mental health care
Talk to the prison doctor as soon as possible if you feel you need treatment for your mental health for example, if you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Emergency trips outside prison
Trips outside of prison are not allowed in any circumstances. In the case of medical emergencies, hospital visits will be arranged by the prison.
Food and diet
You will be provided with a small amount of food, which is unlikely to provide the type of balanced and nutritious diet available in the British prison system. You will need to supplement the basic food provision by purchasing food in prison or arranging for food supplies to be sent to you by family or friends resident in Ghana.
You will usually be fed twice a day by the state and have access to clean tap water or mechanised borehole water as your source of drinking water.
Showers and hygiene
There is no restriction on how many times you can shower each week. You may shower as often as possible, although this is regulated. Toiletries can be purchased within the prison.
Work and study
Unlike in a UK prison, there is no formal work scheme in which you can volunteer. If your sentence includes hard labour, you will be required to carry out tasks such as farming, weeding, cutting trees or fetching water. You may also take part in activities such as carpentry, tailoring, vulcanising or kente weaving; however, you will not receive any income for this work.
Long-distance education programmes are available in some prisons. You will need to speak to prison officials to arrange this.
Books, languages, activities and study
You are allowed to move around within certain areas and interact with other inmates. You are likely to be placed in a cell with other English-speaking inmates. Prison staff also speak English.
You do not have access to mobile phones but can make local and international calls using phone booths provided by the prison. There is no internet access.
Both formal (basic and secondary) and informal education are available in prisons. Some prisons also have libraries with a range of books.
You can request local language materials through the British High Commission including language textbooks and dictionaries from Prisoners Abroad.
Exercise
You are permitted to move around within the prison. Some prisons offer basic fitness activities, although there are no gym facilities. Some may have a football pitch or athletic track.
Religion
You are entitled to take part in religious services of your choice. Religious activities are organised by prison officers who also serve as chaplains or imams. You may also receive visits from religious leaders, including those from Christian and Islamic faiths. These activities usually take place at weekends.
Mobile phones
You do not have access to mobile phones but can make local and international calls using prison phone booths. Calls are monitored.
Transferring to another prison
Transferring to a prison in the UK
A Prisoner Transfer Agreement was signed between the UK and Ghana on 17 July 2008. Once you have been sentenced, and if there are no appeals outstanding, you can apply to be transferred to the UK to serve the remainder of your sentence in a UK prison. The application process can take up to a year, on average.
If you wish to be considered, you will need to complete an application form from the Ghanaian Attorney-General’s Department and submit it directly to them.
All parties must agree to a transfer – i.e. you, the Ghanaian Government and the UK Government. Both Ghana and the UK reserve the right of refusal and are not obliged to give reasons for refusal.
If your transfer is approved, the maximum sentence you would serve in the UK is the amount of your original sentence which remains after deducting any remission earned in Ghana up until the date of your transfer. You may also be eligible for parole in the UK.
If you are transferred, the UK authorities are entitled to prosecute, sentence or detain you for any offence other than that for which your current sentence was imposed.
Your transfer would not prevent you from benefiting from any pardon, amnesty or commutation of sentence, which might be granted by either Ghana or the UK.
If, after your transfer, new information comes to light which you consider grounds for a review of the original judgement passed in Ghana, it is for Ghana alone to decide on any application for review.
Transferring to a prison in Ghana
The prison authorities may transfer you to another prison in Ghana for disciplinary or overcrowding reasons. The British High Commission cannot intervene in such decisions.
Early release
Reduction of sentence or early release is at the discretion of the court and depends on various factors. There is currently no system of parole in place. Mitigation will be heard by the court although it is very rare to have a pre-sentence report prepared. There is no provision yet for early release on parole. A bill is currently in parliament which has not yet been approved.
Reduction of sentence (remission)
You are entitled to a one-third remission of your sentence, meaning you may serve two-thirds of your total sentence in certain cases. These include cases of manslaughter, rape, robbery, and intentional and unlawful harm to a person.
Clemency or pardon
Pardon and clemency are granted by the President of Ghana. A list of eligible prisoners is prepared by the Ghana Prisons Service, and pardons are sometimes granted on Ghana’s Independence Day (6 March).
Release and deportation
Any British citizen serving a prison term may be liable for deportation to the UK at the end of that term.
Even those with Ghanaian resident status may find their visa revoked. In this event, you need to speak immediately to a lawyer. Dual British/Ghana nationals are not however liable to deportation.
If you are to be deported, at the end of your prison sentence you will be released into the custody of the Ghana Immigration Service, who will hold you in immigration detention whilst they arrange your deportation. This may only take a matter of days, especially if your passport is still valid.
However, if your passport has expired, or has less than 6 months’ validity remaining, you might need to obtain a new passport before you can be deported. This could take several days, depending on what documentation you have. To avoid deportation delays, we recommend that you check your passport status well in advance of your release and deportation.
If you are deported, you may be excluded from returning to Ghana for a given period. Depending on the severity of the offence you were imprisoned for this might be a permanent exclusion. Long-term residents may be able to stay in the country at the end of their sentence provided they can meet immigration requirements.
Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.
If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings, Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance, you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:
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advice on finding emergency accommodation in the London area
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claiming welfare benefits, including emergency benefit payments if you are destitute
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making appointments with doctors and dentists
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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:
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm
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.