Arrested or in prison in St Kitts and Nevis
This guide provides information about being arrested in St Kitts and Nevis and what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in 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 Bridgetown
PO Box 676
Lower Collymore Rock
St Michael BB11000, Barbados
Telephone: +1 (246) 430 7800
Finding a lawyer and translator
Find a lawyer in St Kitts and Nevis
You should carefully consider getting a local St Kitts and Nevis lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid, although this information is not specific to St Kitts and Nevis.
Private lawyers
Check the Find a professional service abroad - Find a lawyer in St Kitts and Nevis if you want to appoint your own private lawyer. Ask the British High Commission if you want a paper copy of this list.
Legal aid
There is no legal aid in St Kitts and Nevis for foreign nationals.
What happens when you’re arrested in St Kitts and Nevis
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
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 or ask for the help of a duty defence lawyer.
- Ask for an interpreter
- Tell your next-of-kin you’ve been arrested
- Tell the British embassy or consulate that you’ve been arrested.
Personal Belongings
When you are arrested, any belongings that are not part of the investigation process, or evidence, will be sent to the prison if the prison has enough space to keep them. However, with certain offences, there is no guarantee that personal belongings will be returned. The police are legally entitled to keep or destroy items seized as evidence.
Remand prisoners are required to wear grey shirts. Family members or friends must buy these and send them to you. Sentenced prisoners are required to wear white shirts, which must also be bought by family members or friends. Sentenced prisoners are provided with a prison uniform for use when they need to leave the prison.
Please be aware that The British High Commission cannot trace or store any personal belongings of British nationals imprisoned in St Kitts and Nevis.
Your lawyer is best placed to advise you if there are any initial questions about this process.
Going to court
You will normally be brought before a magistrate’s court the next working day after your arrest. If the offence is a minor one, the magistrate may deal with the matter immediately, particularly if you plead guilty to the charge.
If you please not guilty 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. If you believe that the time spent on remand is excessive, you should raise it with your lawyer.
Bail
The judicial system in St Kitts and Nevis has a provision for bail. However, the decision to grant bail rests with the magistrate. Your lawyer is responsible for submitting this application to the court.
The British High Commission cannot transfer bail funds for you.
Arriving at prison
You’ll be assigned to a cell when you arrive at prison along with 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
Tell the prison staff if you have any pre-existing medical conditions so that they can arrange for you to be seen by a doctor.
Your next-of-kin will not be told you’re in prison unless you give your permission.
Contacting the British High Commission
Tell the prison if you want the British High Commission, Bridgetown to know you’re in prison.
Medical check-up
A doctor visits the prison on Wednesdays. You will be given a medical check-up during the doctor’s visit. This may include x-rays and blood tests, where required.
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 the British High Commission if you need help getting your medical notes in the UK.
Rights and responsibilities in prison
The prison must tell you your rights and responsibilities. Ask if they have a copy of these in English.
Speak to the prison counsellor or a prison guard if you have any questions.
Visits from family or friends
Family and friends are permitted to visit inmates in person, but all visits must be prearranged. You or your family can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
Both remand and sentenced prisoners are allowed 2 visits per week. You should check with the prison to confirm which days visits can take place.
Legal representatives can visit as often as necessary.
Arranging visits
Visiting times are from 8.30am to 2.30pm, Monday to Friday. Family and friends can visit in person, but all visits must be arranged in advance.
To arrange a visit,you can submit a request to the Superintendent of Prisons. Alternatively, your family members or friends can contact the prison directly on +1 869 465 2241 , or email hmprison@gov.kn to arrange an appointment.
Family and friends can also contact the British High Commission. A consular representative can then contact the prison on their behalf to help arrange a visit.
During the visit
Visitors should arrive at the prison at least 30 minutes before their appointment.
To visit you will need a picture ID for example:
- valid passport
- driver’s license
- social security card
- national ID card
The full name (first and surname) of the person that you would like to visit. Aliases and nicknames are nor accepted.
Visitors must place purses, bags and other such items in lockers provided for safety purposes.
What visitors can take with them
Visitors must get permission from the Superintendent of Prisons before taking any items into the prison. Cooked and pre-packaged food is not allowed. Fruit may be accepted, but it must be cut into small pieces and placed in a clear zip-Lock bag. All items brought into the prison will be subject to a full security check.
Visits from British High Commission
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, please 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 High Commission does not provide financial assistance to prisoners.
Money transfers from family or friends
Prisoners are allowed to receive funds while in prison. 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
Family or friends can send you money by bank transfer. They cannot send you cash in the post.
Ask the prison authorities for the bank account information for your family or friends to use.
They must put certain details on the money transfer reference:
- your name and date of birth
- prison name
- what the money’s for, for example, your private fund account
Prison accounts
The prison Human Resources Department can explain how funds can be received and managed while in prison.
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.
Complaining to the Superintendent of Prisons
If you wish to make a complaint, you can speak to the Superintendent of Prisons or submit a complaint in writing.
Your investigation and trial in St Kitts and Nevis
The legal system of the Federation of St Kitts and Nevis is based on the British system of justice. The High Commission cannot interfere with the Federation’s judicial system. We cannot ask for your case to be judged quickly 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 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 offenses
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.
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 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)
Making an appeal
You usually have 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 St Kitts and Nevis
HM Prison St Kitts was built in 1840 and occupies a site in the centre of Basseterre. It was initially intended to hold 60 inmates. Numbers have significantly increased and overcrowding is a problem. There is a separate female unit.
You will normally be put in a shared dormitory with multiple occupants. Conditions can be cramped and hot, and complaints about hygiene standards are common.
Detainees are entitled to a daily shower.
If you have concerns about your living conditions, hygiene, or access to basic facilities, you should raise these with prison staff or the Superintendent of Prisons. A consular representative can also raise welfare concerns with the prison authorities where appropriate.
Letters and packages
You can receive letters and parcels. The prison authorities are obliged to deliver letters with the minimum delay.
All mail/parcels should be sent directly to the prison at the following address, and should show the name and details of the sender:
Prison F.A.O [Inmate’s Name] British Inmate
c/o The Superintendent of Prisons
His Majesty’s Prison
Canyon Street
Basseterre
St Kitts and Nevis
At present the prison authorities do not permit the receiving of individual parcels or items without prior agreement.
Receiving packages
You may have to make an application to receive packages. Check with the prison to see what can and cannot be sent to avoid parcels being returned and check other restrictions (for example, maximum size and weight, and type of packaging).
You’re not allowed to receive food or luxury goods.
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 your mail
All mail is subject to strict censorship procedures and will be read and checked before it reaches you.
Telephone calls
There is no formal system in place for inmates to make or receive telephone calls.
However, the prison may allow inmates to make calls as a privilege granted by the Superintendent of Prisons. This privilege may be withdrawn if you don’t follow prison rules.
International calls are normally made using WhatsApp, subject to the Superintendent’s approval and the availability of prison facilities.
If you have something serious you need to discuss with consular staff, you can 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 that the issue requires urgent attention.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in St Kitts and Nevis.
If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison. Routine treatment is funded by the prison however this does not apply to specialist or non-essential treatment.
The process for this will be explained by the prison officials and is usually straightforward. Any challenges with this can be reported to the Superintendent and/or to your consular representative.
For information about how Prisoners Abroad can help with medical requirements please see Prisoners Abroad.
Treatment for a new illness or condition
Speak to the prison officers or where applicable the prison counsellor if you need medical or dental treatment.
The doctor visits once weekly, so make sure you submit the request for an appointment as soon as possible.
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 officer if your condition cannot be treated in prison.
Drug and alcohol addiction
Talk to the prison doctor as soon as possible if you feel you need treatment for your drug or alcohol addiction.
Mental health care
Talk to the prison 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.
Food and diet
Food is basic. The prison provides a balanced diet that gives the necessary daily nutritional requirements (for example, meat, rice, bananas, bread, beans, and peas). There is limited opportunity to supplement the diet.
Special diets
A special diet can only be approved where the prison doctor gives authority on medical grounds (for example, diabetes). Vegetarians may not fall into this category nor will special diets related to religious beliefs.
Prison shop
There is a prison shop known as a ‘commissary’ where prisoners can purchase toiletries, beverages and other items.
Work and study
Opportunities to work in the prison grounds are available but there may not be enough opportunities for everyone who wants to work . Applications to work should be submitted to the Superintendent.
Books, languages and activities
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
Inmates are allotted between 1 to 1.5 hours for exercise each day.
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 St Kitts and Nevis prisons. 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 a prison in the UK
The UK and the Federation of St Kitts and Nevis do not have a prisoner transfer agreement. So, you cannot apply to transfer to a prison in the UK.
Transfer to another prison within St Kitts and Nevis
There is only one prison in St Kitts and Nevis where foreign nationals are detained.
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, included 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.
Release and return to the UK
Deportation
You can contact the British High Commission if you need help when you’re released. Foreign nationals are not usually permitted to stay in St Kitts and Nevis after release.
Flights to the UK
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 national inmates are responsible for meeting the cost of their return airline ticket back to the UK and we advise that flight reservations only be made once you and the British High Commission have a confirmed release date from the prison authorities.
Getting a passport
Make sure your British passport is still in date. Contact the British embassy or consulate 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
Find a professional service abroad - Find a lawyer in St Kitts and Nevis