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Guidance

Arrested or in prison in Switzerland

This guide provides information about being arrested in Switzerland and what conditions are like in prison there.

Contacting the British embassy

The British embassy in Switzerland 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 embassy in Switzerland
  • the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

British Embassy Berne
Consular Section
Thunstrasse 50
3005 Berne
Switzerland

Telephone: +41 (0)31 359 77 00
Web contact form

Finding a lawyer and translator

Find a lawyer in Switzerland

You should carefully consider getting a local Swiss 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 Switzerland.

Private lawyers

Check the list of local English-speaking lawyers if you want to appoint your own private lawyer. Ask the British embassy if you need a paper copy.

If you hire a private lawyer, they may ask for a prepayment for their estimated legal fees before they will take on your case. The British embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a public defender, and if later on you decide to hire a lawyer the case will be transferred to the new lawyer.

Court-appointed lawyers

If you are arrested, you have the right to consult a lawyer.

If you are offered legal assistance, we advise that you take it. The court will then appoint a public defender to represent you. Court-appointed lawyers must treat legal-aid clients in the same way they would treat private clients.

Costs of a court-appointed lawyer

Legal aid means that you do not have to pay court fees, deposits and similar charges. It also means that your legal representation is free. You qualify for legal aid if you cannot afford to pay.

The court decides whether a person is entitled to legal aid in Switzerland. They may ask to see evidence of your finances such as your income, maintenance obligations, assets and debts.

Changing your court-appointed lawyer

You can choose to switch from a court-appointed lawyer to a private lawyer at any time. The court-appointed lawyer will pass on the case files.

Find a translator or interpreter in Switzerland

You may need a translator to help you read German, French, or Italian language documents about your case.

Do not sign any documents unless you understand them.

If you don’t speak German, French or Italian, you might need an interpreter to help you communicate with your lawyer or at your trial, or at prison visits.

Tell the court immediately if you want to request an interpreter.

The court will be responsible for hiring an interpreter to assist you during the trial. Your lawyer may also be able to translate for you.

Search for an English-speaking translator or interpreter in Switzerland.

What happens when you’re arrested in Switzerland

You can be arrested and taken to a local police station, prison or detention facility:

  • because of an existing arrest warrant (DE: Haftbefehl / FR: Mandat d’arrêt / IT: mandato di arresto)
  • where there are grounds for issuing an arrest warrant
  • if you’re caught in the act of committing a crime
  • if it’s thought that you will leave the country to escape justice (DE: Fluchtgefahr / FR: Risque de fuite / IT: Rischio di fuga)
  • if 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 and of the offences that are the subject of the proceedings
  • 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 have been arrested
  • tell the British embassy you have been arrested

The public prosecutor (DE: Staatsanwaltschaft / FR: Ministère public / IT: Pubblico ministero) must be told about the arrest straight away. They’re responsible for your welfare while you’re detained before trial.

For arrests involving minors or people with disabilities, a legal representative must be informed.

The police must inform your family about your arrest if you ask them to. You can also ask them to inform the British embassy or your employer.

Going to court

When you are arrested, you will be taken to a local police station. You will normally appear before the court within 24 hours of your arrest. At court the examining judge will discuss your case with you.

They will decide if you will:

  • be placed on remand to wait for your trial
  • have to pay a fine
  • be released without charge

The courts will inform you, your lawyer/public defender and the prison authorities of your charge. If you don’t have a private lawyer you will be assisted by public defenders who will put forward requests for options such as semi-open, parole etc, as soon as you are entitled to them. Your lawyer/public defender is best placed to advise you.

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.

Foreign prisoners are also often seen as a ‘flight risk’ and put on remand.

How long you can be on remand for

It’s unusual to be on remand for more than 6 months. This has to be approved by the public prosecutor and court. It should only happen if the investigation is very difficult or large.

Bail

Bail is very rarely granted to people who are not usually resident in Switzerland. This is because the risk of the person leaving the country to escape justice is too high.

Serious crimes like drug trafficking don’t have provision for bail. Your lawyer/public defender is best placed to advise you.

If bail is granted, the amount set depends on:

  • your financial situation
  • the nature of the crime
  • the risk of leaving Switzerland to escape justice

The embassy cannot transfer bail funds for you.

Being released before your trial

You may be released earlier if the arrest warrant is withdrawn or your arrest is suspended.

Suspending an arrest may be conditional. For example, you may have to give bail money, or have to report regularly to the police.

Arriving at prison

If you’re on remand you will be put in a temporary cell when you arrive at prison. You’ll have your photo taken and get a prisoner number. You’ll be asked to give details, including 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.

Your prison cell

Once all your details have been taken you’ll get assigned a prison cell. In the majority of cases, you will be sharing a cell with one or possibly 2 other inmates. Depending on the prison and the size of the cell, you may have to share a cell with more.

A typical prison cell usually contains a bed, toilet, sink, desk, chair and ashtray. Every cell has access to drinking water. Some cells have a television, depending on the prison. All basic needs, such as food, bedding, towels, paper, etc. are provided.

Contacting the British embassy

Tell the prison if you want the British embassy 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.

Contact the embassy 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. Ask if they have a copy of these in English.

Your prison social worker will usually be your first point of contact for anything relating to your rights, or the rules and regulations of the prison. You can speak to your prison social worker or a prison guard if you have any questions. You can visit a prison social worker by making a written appointment request. Most prison social workers will speak some English.

You are expected to follow the rules of the prison. The prison authorities will take behaviour into account when they are considering applications for conditional release.

Drugs and mobile phones are strictly forbidden in Swiss prisons. If either are found in your possession (or those visiting you) you will face disciplinary action. This may include losing your job if you are working, or negative consequences for your release date (remission). Visits could also be suspended.

Most prisons offer a drugs programme for those inmates with a drug addiction. This should be directly discussed with the prison doctor and prison social worker.

Visits from family or friends

Visiting rules in Switzerland vary between prisons. Some prisons only allow visits on certain days of the week. There may also be rules about how many visitors are allowed or if you need to have an interpreter for the prison guards.

Some prisons allow longer than normal visits for compassionate reasons, or because visitors from the UK have a long way to travel.

This decision depends on the availability of prison visiting rooms. You or your family can ask your lawyer, or the prison directly about the rules.

It’s important to apply for a visitor permit from the public prosecutor or prison governor before you travel to Switzerland. This is known as a (DE: Besuchsbewilligung / FR: Permis de visite / IT: Permesso di visitare).

How many visits you’re allowed

The number of visits you are allowed depends on:

  • your age
  • if you’re on remand or have been sentenced
  • the rules of the prison

Arranging visits

Family or friends wishing to visit you in prison must apply for a permit from the public prosecutor or prison Governor. Applications should be made in writing and should include:

  • evidence of their identity (a photocopy of the identity page of their passport)
  • proof of their relationship to you (e.g. a copy of a marriage/birth certificate showing your name and theirs) or a joint bank account or shared residence where a relationship is not officially registered
  • a letter explaining the reason for the request to visit

You or your family or friends can ask your lawyer, or the prison directly, about the rules.

Visitors must identify themselves when they arrive at the prison by showing a valid passport. This is held by the prison until the end of the visit. Driving licences are not considered an official identification document. You should arrive at the prison at least 15 minutes before your appointment.

Remand prisoners

Family and friends wishing to visit remand prisoners must apply for a visiting permit from the public prosecutor. The public prosecutor can refuse to allow the visit if they think the visit might affect your case.

It’s important not to discuss the case during visits. A prison guard might be present during the visit to make sure you’re not discussing the case. The judge may also say an interpreter should be there to interpret for the guard. Ask your lawyer if you have to organise and pay for this.

The embassy can give you a list of local interpreters. There is also an online list of interpreters.

Most interpreters should be booked as early as possible and might be expensive.

Sentenced prisoners

Family and friends wishing to visit sentenced prisoners must apply for a visiting permit from the prison governor. The final sentence must have been pronounced and all appeal processes exhausted.

Ask the British embassy consular staff or your lawyer if you need help arranging a first visit.

During the visit

Visitors should arrive at the prison at least 15 minutes before their appointment.

Visits can take place behind glass or in a more open room setting. You can ask the prison’s visitor centre about the set up for your visit.

What visitors can take with them

Regulations about permitted and prohibited items vary from one prison to another. Visitors should contact British embassy consular staff in advance of their visit to ask for up to date information. You can request a list of authorised and prohibited items from the prison.

Visits from British embassy staff

We can visit you in prison if there is an important reason to do so, for example if you have serious concerns about your health or welfare. It is often easier to first arrange a phone call with us. You can do this via your prison social worker.

If we arrange a visit, we will try to let your family know as soon as we know when the visit will take place. It’s important to remember that we cannot discuss or comment on anything concerning the trial or other legal matters. We are there for your health and welfare.

You can write to us at any time about issues you’re concerned about. Our address is at the top right -hand corner of the original letter we sent you. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Money

The British embassy does not provide financial assistance to prisoners. Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Money transfers from family or friends

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 these details on the money transfer reference:

  • prisoner’s name and date of birth
  • prison name
  • what the money’s for, for example the prisoner’s private fund account

Prison accounts

You will get a financial account or accounts in Swiss prison. The kind of account you get depends on if you are on remand or have been sentenced.

How to make a complaint about mistreatment

The British embassy can help if you have been mistreated or abused – it will take all complaints seriously. Tell the embassy first if you decide to make a complaint.

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 and obtain a medical report.

There are several ways to submit a complaint when you’re in a Swiss prison.

You have the right to:

  • speak to the prison governor or complain to them in writing
  • contact the supervisory authority (DE: Aufsichtsbehörde / FR: Autorité de surveillance / IT: Autorità di vigilanza) about your complaint.

Your investigation and trial in Switzerland

The Swiss judicial system is organised into 3 grades of judgement;

  • trial (First Instance – cantonal level)
  • appeal (Second Instance – cantonal level)
  • federal Supreme Court (Third and last Instance – federal level)

Your lawyer will also be able to provide more detailed information about your case and the Swiss judicial system.

The British embassy cannot interfere with the Swiss 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 public prosecutor chooses the court your trial will be at. It depends on how serious the alleged offence is and what kind of sentence you might get if found guilty.

If you accept responsibility for the offence in the preliminary proceedings, or if responsibility has otherwise been satisfactorily established, the public prosecutor will issue a summary penalty order. This could be:

  • a fine
  • a monetary penalty of no more than 180 daily penalty units
  • a custodial sentence of no more than 6 months

The District Court is for:

  • contraventions
  • crimes and offences for which the public prosecutor proposes a custodial sentence of no more than 3 months or a monetary penalty of no more than 90 daily rates

The Correctional Court is for:

  • crimes and offences for which the public prosecutor proposes a custodial sentence of more than 3 months but not exceeding 2 years, or a monetary penalty of more than 90 daily rates

The Criminal Court is for:

  • a custodial sentence of more than 2 years
  • indefinite incarceration
  • in-patient therapeutic measures
  • cases where a suspended sentence and a custodial sentence of more than two years must be revoked at the same time

At any time prior to bringing charges, you can ask the public prosecutor to conduct accelerated proceedings. This is only possible if you admit the key facts of the case and accept, at least in principle, any civil claims (for example, compensation). Accelerated proceedings are not possible in cases where the public prosecutor requests a custodial sentence of more than 5 years.

Completion of investigations

While you’re on remand before the trial, the public prosecutor’s office investigates the charges against you.

This can include:

  • 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’ (DE: Anklageschrift / FR: Accusation / IT: Accusa). 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.

Start of your trial

On your trial day you will be taken to the court office where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer or public defender. If you don’t speak German/French/Italian, the court will be responsible for hiring an interpreter to assist you during the trial. In most cases, your lawyer will be able to translate for you.

The proceedings before the court of first instance and the court of appeal, together with the oral passing of judgments and decrees of these courts will, with the exception of the judges’ deliberations, be conducted in public.

At the start of your trial the charges will be read out.

The judge will make sure that you, lawyers, witnesses and experts are at court and any relevant exhibits are also there.

Witnesses then have to leave the courtroom. The judge will then ask you about your personal background and general situation.

The public prosecutor will then read the final version of the bill of indictment.

You will then be told about your right to make statements about these allegations or to remain silent.

If you are willing to make a statement, you must be given the chance to disprove the allegations against you and state facts to help your case. The judge may state relevant previous convictions at this point.

Taking evidence

Your hearing continues with taking evidence (DE: Beweisaufnahme / FR: administration des preuves / IT: assunzione delle prove).

The court must do all it can to find the truth by examining all possible evidence and exhibits in the case.

You are asked for your comments after the hearing of each witness, expert, and co-accused, and after the reading of each document.

You may be asked to leave the courtroom if it’s thought a witness might not tell the truth if you’re there.

Closing statements

After the evidence is heard, you and the public prosecutor can make closing statements.

The public prosecutor has the right to object and reply to your statement but you have the right to make the final statement.

Even if your lawyer has made a closing statement, you must be asked if you have anything further to add to your defence.

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.

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)

Sentences vary greatly in Switzerland and will depend on the seriousness of the crime.

Making an appeal

You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defender.

You can appeal against either the:

  • conviction itself
  • length of sentence or fine amount

When you can appeal

You may have to appeal within a specific timeframe after the verdict is announced. If you have not appealed within this time the verdict will be final and cannot be changed. Your lawyer or public defender will be best placed to advise on appeals’ processes.

The appeal process can be slow and can lead to the release being delayed until the appeal is decided. Your lawyer is best placed to advise on the appeals process.

How to appeal

You or your lawyer must submit the petition for appeal or review to the trial court.

What happens when you appeal

Enforcing the verdict is paused if you appeal. That means you do not need to pay your fine or serve your sentence while the appeal is being made.

This does not mean you’ll be released if you’re already on remand. You will stay on remand until you get the result of the appeal.

At the end of the appeal

If your full appeal is successful, you’ll be acquitted or your sentence will be reduced.

If it’s not successful you may be able to apply for a review. Speak to your lawyer about the options available to you.

Prison conditions in Switzerland

Prison conditions in Switzerland are generally very good. In most cases, you will be sharing a cell with one or possibly 2 other inmates, but depending on the prison and the size of the cell, you may have to share a cell with more. Every cell has access to drinking water and a toilet and a television is common in most cells.

Letters and packages

You can receive letters and parcels, but these will be strictly controlled and restrictions may apply.

There is usually no limit to the number of letters you can send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Incoming mail to the prison is checked (with the exception of legal correspondence) and then distributed.

You can receive parcels but check with the prison authorities on 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).

Parcels should be sent directly to the prison and should note the full name and date of birth of the detainee. Parcels sent to the embassy will not be forwarded to you.

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.

Stamps and stationery

On request, you can ask for writing paper or envelopes. The prison may be able to help with postage and the provision of stamps, but they can also be purchased from private funds each month.

Checks on your mail

Remand prisoners have their incoming and outgoing mail monitored by the public prosecutor / judge. The judge has the right to restrict your correspondence or to stop the forwarding of letters, if there is a risk of jeopardising any legal proceedings. This means you should not discuss your case in private correspondence. If a letter is withheld as evidence, you will be informed that this has occurred.

If correspondence is written in a language other than German/French/Italian, it may need to be translated by personnel outside of the prison, before it can be released to you. This may cause substantial delays, particularly around peak seasons.

If you are told you are not allowed to receive letters in English, you should notify consular staff and we will communicate with the director of the prison.

Telephone calls

Telephone calls must be authorised by the prison authorities and it can take time for them to process your requests.

The rules on telephone calls are different depending on the prison and whether you are on remand or sentenced.

Usually, telephone calls can be made via prison pay phones, using a pre-paid phone card. You might have to apply for a prison telephone account first. Ask your prison social worker for details. You may be able to ask your prison social worker if they will allow you to make a call. It’s not possible to receive incoming calls.

Telephone calls on remand

If you are on remand and your case is still being investigated, you may not be allowed to make and receive telephone calls. This decision lies with the public prosecutor’s office or the judge. Your lawyer can submit a request via the court for you to exceptionally make a telephone call due to the distance between you and your family in the UK.

Telephone calls when sentenced

If your sentence has already been confirmed, you will be able to make and receive both domestic and international telephone calls. You may need to put in a request to make a telephone call or to apply for a prison phone account. Please consult with your social worker for further information.

Video calls

In some prisons in Switzerland it is possible to arrange video calls. Ask your social worker for details.

Medical and dental treatment

Your basic medical needs must be met while you’re detained in Switzerland.

The prison doctor has oversight of the health and wellbeing of all prisoners. As soon as a new prisoner enters a prison, they are examined by the doctor. The doctor will determine whether you require a special diet or any other form of medical treatment.

Treatment for a new illness or condition

If you need medical or dental treatment, you should speak to the prison guards and your social worker about making an appointment with the prison doctor or dentist. In larger prisons, it can be difficult to get an appointment at short notice. In smaller prisons, the doctor may only visit once per week so you should submit a request as soon as possible. If the situation is urgent, you should alert your prison social worker.

Prison doctors often have the equivalent status of general practitioners (GPs) in the UK, so unusual or complex conditions may be referred to a specialist outside the prison.

Infectious diseases are more prevalent among the prison population than in the community. The Swiss Epidemics Act obliges all prisons to protect prisoners from the risk of infection and to provide medical treatment for them.

Existing conditions

If you have an existing medical issue for which you have received treatment in the UK, it may be useful to have your medical records sent from the UK to the prison doctor or specialist. If you have a medical condition that cannot be adequately treated at the prison itself, you may be transferred to a hospital and be placed under police guard.

With your permission, we can try to ensure that police or prison doctors are aware of any medical or dental issues you may have. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and we have your consent to do so.

Drug and alcohol addiction

Most prisons have a programme for inmates with a drug or alcohol addiction. Discuss this 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, if you have depression or anxiety. The prison may be able to make recommendations about adjustments for psychological issues.

Emergency trips outside of prison

You can apply for an emergency trip outside prison within Switzerland if an urgent matter comes up that cannot be postponed, like a funeral or critical illness of a relative.

Your lawyer can help you submit an application for an emergency trip. The application must be approved by the court.

If your application is approved, the trip must be at your own expense, and you will be accompanied by guards.

Ask the prison or your lawyer how to submit an application for this exceptional leave. The embassy cannot influence the final court decision.

Food and diet

The food provided in Swiss prisons should form a balanced diet that meets the necessary daily nutritional requirements. Tap water is safe to drink in Switzerland.

Special diets

Vegetarian meals are available in all prisons. A special diet can only be provided on religious or medical grounds (e.g. diabetes, high blood pressure) and needs to be authorised by the prison doctor. Should you have any special dietary requirements, notify the prison upon arrival or inform the prison doctor during your check-up.

Prison shop

Most prisons have their own shop which you can use at specific times, depending on the prison rules. Items like toiletries or extra fruit and vegetables can be bought there with your own money.

Showers and hygiene

Toilet and shower facilities vary from prison to prison. All basic toiletries are provided as well as a starter kit containing soap, shampoo, a toothbrush and toothpaste, shaving materials, a comb and a personal mirror. Shower facilities are available and inmates are able to take a daily shower. Toiletries can be bought from the prison shop from your private funds.

Work and study

Depending on the prison you are detained in, you may be able to get work. Various work opportunities are available like painting, cooking, etc. A small wage is paid to working prisoners.

Learning and development opportunities may vary from prison to prison. You should ask the prison authorities what is on offer.

Books, languages and activities

Most prisons have some English-language books, magazines and DVDs in their libraries.

You might be able to:

  • order books directly from publishers or authorised websites
  • subscribe to English newspapers or magazines

Ask your social worker or 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.

Courses and activities

Most prisons offer language courses. Ask the prison staff.

Some prisons let you take part in activities like sports, drama, concerts, woodwork, metalwork, car building and entertainment.

Exercise

You will be allowed outdoors for at least 1 hour a day, if you’re not assigned outdoor work. Most prisons offer access to sporting activities such as table tennis and most prisons have a gym with weight training equipment.

Walking in groups and talking to other prisoners during exercise is allowed. Communication with other prisoners who are not outside exercising is not allowed. You cannot try to communicate with other prisoners through their cell windows, for example.

Clothing

The prison will provide clothing appropriate to the time of year you are in prison.

The Swiss climate is moderate with no excessive heat, cold or humidity. From July to August the daytime temperature range is 18°C to 28 °C and from January to February the range is -2°C to 7°C. In spring and autumn, the daytime temperature range is 8°C to 15 °C.

You can have family or friends send you additional items of clothing and shoes. Check with the social worker if you have any specific questions about what is allowed.

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. Each prison has its own prison chaplains. Religious counselling can be requested.

Mobile phones

Mobile phones are strictly forbidden in Swiss 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 (remission). Visits could also be suspended.

Your behaviour whilst in detention is taken into account when considering your application for conditional release.

Transferring to another prison

Transferring to a prison in the UK

There is a Prisoner Transfer Agreement between the UK and Switzerland.

Prisoner Transfer Agreements (PTAs) allow prisoners to transfer to serve the remainder of their sentence in their own country. This enables them to be closer to family and friends in an English-speaking environment and permits them to benefit from pre-release courses available in British prisons.

You may be able to apply to transfer to a prison in the UK if you:

  • are a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
  • are not awaiting trial – criminal proceedings in the foreign country must be complete
  • 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.

Other conditions may apply, depending on the specific transfer arrangements between Switzerland and the UK.

A prisoner does not have an automatic right to transfer. The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, 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 living there.

Speak to the prison authorities about making an application for a transfer to a prison in the UK. The transfer process can be very slow and bureaucratic.

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

Transfer to another prison within Switzerland

If you have been tried and convicted you will be sent to a prison where you can expect to serve your sentence. After you have been sentenced, you will be expected to work in the prison as it’s a legal requirement in Switzerland.

Transfers are only permitted when there are exceptional and compassionate reasons for doing so, for example if you have family living close by. Speak to your lawyer and the prison authorities about prison transfers within Switzerland.

You can usually only be transferred once you have been sentenced.

Early release

Reduction of sentence (remission)

Before formal charges are brought, you can ask the public prosecutor to accelerate proceedings. This is only possible if you admit the key facts of the case and accept, at least in principle, any civil claims (for example, compensation).

Accelerated proceedings are not an option in cases where the public prosecutor is seeking a prison sentence of more than 5 years.

To benefit from this option, it is important to behave well while in prison. Your lawyer is the best person to advise you about reducing your sentence.

Switzerland offers the following provisions, which are considered benefits:

  • semi open: is a provision that allows you to leave the prison during the day and return at night. You can apply to spend some time outside prison on special occasions/holidays (temporary leave). This is subject to the prison ‘semi open’ area having space
  • temporary leave: is a provision that allows prisoners to leave the prison for a maximum of 7 days, usually during public holidays
  • open regime: allows you to serve your sentence outside the prison. There are restrictions on where you can go and when, and you have to periodically report to a judge
  • parole: allows you to serve the remainder of your sentence outside the prison. You must prove that you are a resident of Switzerland to qualify

Speak to your lawyer or the prison authorities about whether you qualify for any of these provisions and how you can apply. They will be able to advise you on the legal requirements and whether you meet them.

If you do qualify for any of these provisions, it’s important to remember that you cannot leave Switzerland until you have served your sentence.

Clemency or pardon

A request for a pardon can be made by the person who was convicted, their lawyer, or (with their agreement) their spouse, or registered partner.

For political offences, the Federal Council or the cantonal government can also start the pardon process.

If a pardon request is refused, the authority can decide that another request cannot be made until a certain amount of time has passed.

A pardon can reduce or cancel a sentence completely or partly, or change it to a less serious punishment. The official decision will explain exactly how much of the sentence has been reduced.

Financial penalties

A fine can sometimes be added to a prison sentence.

Prison staff cannot give fines just for breaking prison rules, but if you commit an offence in prison (for example, damaging property), you can still be punished under Swiss law, and you may be fined.

For drug offences, there is always a customs fine. This is based on how much the drugs are worth. If the fine is not paid, you may have to stay in prison longer.

Customs fines can also be given for crimes like fraud or smuggling goods such as tobacco or other heavily taxed items. Sometimes the fine can be reduced, but the authorities do not have to agree.

Consular staff cannot help with negotiating fines. You or your lawyer must do this. The process can be very slow and frustrating.

Release and deportation

Deportation

When you are released, the Swiss authorities can decide to deport you from Switzerland if they think you are a security risk. This usually comes with a ban on returning, either for a set time or permanently.

Flights to the UK

Before deportation (if by plane), you will be told about the decision, allowed to deal with urgent personal matters, and given a medical check.

If you are released and there is no deportation order, you can leave Switzerland whenever you want, but must pay your own travel costs.

After leaving prison, some people find it hard to adjust to life in the UK. You might not be used to living there, have no support network, or have lost contact with friends and family. It can help to speak to someone who understands your situation and can support you in deciding what to do next.

If you are registered with Prisoners Abroad, you can visit them when you first return to the UK. They can give advice, let you store luggage, make important phone calls, and use a computer. If you have no belongings, they may provide basic toiletries and help you find suitable clothes.

If you know your release date in advance, it is best to write to your Prisoner and Family Support Team to tell them when you expect to arrive and what help you may need. If you have no money and nowhere to stay, Prisoners Abroad’s Resettlement Service may be able to help.

Getting a passport

Make sure your British passport is still in date. Contact the British embassy before you’re released if you need an emergency passport for your journey home.

Useful words and phrases

Important German words and phrases

  • I would like to see a doctor  / Ich möchte einen Arzt besuchen
  • I would like to visit a social worker / Ich möchte einen Sozialarbeiter besuchen
  • I would like to contact the consulate / Ich möchte das Konsulat kontaktieren
  • I would like to contact my lawyer / Ich möchte meinen Anwalt kontaktieren

Important French words and phrases

  • I would like to see a doctor  / Je voudrais voir un médecin
  • I would like to visit a social worker / Je voudrais voir un travailleur social
  • I would like to contact the consulate / Je voudrais contacter le consulat
  • I would like to contact my lawyer / Je voudrais contacter mon avocat

Important Italian words and phrases

  • I would like to see a doctor  / Vorrei vedere un medico
  • I would like to visit a social worker / Vorrei parlare con un assistente sociale
  • I would like to contact the consulate / Vorrei contattare il consolato
  • I would like to contact my lawyer / Vorrei contattare il mio avvocato

Translation of useful terms: English into German

English German
Abduction Entführung
Access to file (by lawyer) Zugriff auf Akte
Accomplice Mitschuldige
Accused Angeklagte
Acquitted Freigesprochen
Adjudication Entscheid
Affidavit Schriftliche eidliche Erklärung
Appeal Anfechtung
Appeal for error Anfechtung infolge eines Fehlers
Application Antrag
Application form Antragsformular
Assessment of evidence Bewertung der Beweise
Blood test Blutuntersuchung
Board of prison governors Direktorium des Gefängnisses
Cell Zelle
Charge Anklage
Chief Prosecutor Staatsanwalt
Clemency Gnade
Complaints system Klagemethode
Completed file Abgeschlossene Akte
Consent Zustimmung
Conviction Urteil
Court appearance Erscheinen vor Gericht
Courthouse Gerichtsgebäude
Criminal prosecution Strafrechtliche Verfolgung
Criminal record Vorstrafenregister
Custody order Haft Verordnung
Guilty Schuldig
Hand cuffed Mit angelegten Handschellen
Hearing (first) Anhörung (erste)
Human rights Menschenrechte
Hunger strike Hungerstreik
Imprisoned Gefangen sein
Imprisonment Freiheitsentzug / Haftstrafe
Judge Richter
Judgement Urteil
Lawyer Anwalt
Lawyer’s charges Anwaltsgebühren
Legal aid Rechtshilfe
Notary Notar
Out-of-court settlement Aussergerichtliche Einigung
Parole (conditional release) Bewährung
Prison house rules Gefängnis Hausordnung
Prison warden Gefängniswächter
Prisoner Gefängnisinsassender
Proceedings Prozess
Release Freilassung
Roll call Anwesenheitsappell
Suspended sentence Strafe auf Bewährung
File an application Einen Antrag einreichen
Sentence Gerichtsurteil
Will Testament
Witness Zeuge

Translation of useful terms: English into French

English French
Abduction Enlèvement
Access to file (by lawyer) Droit au dossier (par Avocat)
Accomplice Complice
Accused Accusé
Acquitted Acquitté
Adjudication Jugement/décision du juge
Affidavit Déclaration sous serment/l’honneur
Appeal Faire appel
Appeal for error Faire opposition à une décision
Application Demande
Application form Formulaire de demande
Assessment of evidence Evaluation des preuves
Blood test Analyse de sang
Board of prison governors Conseil des directeurs de prison
Cell Une cellule
Charge Accusation
Chief Prosecutor Procureur général
Clemency Clémence
Complaints system Service de réclamation / plaintes
Completed file Dossier complet
Consent Consentement
Conviction Condamnation
Court appearance Passer devant le tribunal
Courthouse Salle de tribunal
Criminal prosecution Accusation pénale
Criminal record Casier judiciaire
Custody order Ordre de détention préventive
Guilty Coupable
Hand cuffed Menotté
Hearing (first) Audience (première)
Human rights Droits de l’homme
Hunger strike Grève de la faim
Imprisoned Détenu / incarceré
Imprisonment Détention / incarcération
Judge Juge
Judgement Jugement
Lawyer Avocat
Lawyer’s charges Honoraires légales
Legal aid Assistance judiciaire
Notary Notaire
Out-of-court settlement Arrangement à l’amiable
Parole (conditional release) Liberté conditionnelle
Prison house rules Règlements de la prison
Prison warden Gardien / surveillant de prison
Prisoner Détenu /Prisonnier
Proceedings Procès
Release Libération
Roll call Appel
Suspended sentence Condamnation avec sursis
File an application Déposer une demande
Sentence Peine / condamnation
Will Testament
Witness Temoin

Translation of useful terms: English into Italian

English Italian
Abduction Rapina
Access to file (by lawyer) Accesso agli atti
Accomplice Complice
Accused Accusato
Acquitted Assolto
Adjudication Decisione
Affidavit Dichiarazione critta al giuramento
Appeal Appello
Appeal for error Appello per errore
Application Domanda
Application form Foglio di domanda
Assessment of evidence Valutazione risulta
Blood test Analisi del sangue
Board of prison governors Direzione della prigione
Cell Cella
Charge Accusa
Chief Prosecutor Procuratore
Clemency Grazia
Complaints system Metodo cheta sporto reclamo
Completed file Atti chiusi
Consent Consenso
Conviction Sentenza
Court appearance Apparire alla corte
Courthouse Corte
Criminal prosecution Persecuzione criminale
Criminal record Fedina penale
Custody order Regolamento detenzione
Guilty Colpevole
Hand cuffed Con le manette
Hearing (first) Audizione
Human rights Diritti umani
Hunger strike Sciopero della frame
Imprisoned Imprigionato
Imprisonment Arresto
Judge Giudice
Judgement Giudizio
Lawyer Avocato
Lawyer’s charges Costi dell´avocato
Legal aid Patrocinio
Notary Notaio
Out-of-court settlement Accordo extragiudiziale
Parole (conditional release) Prova
Prison house rules Regole della prigione
Prison warden Custode della prigione
Prisoner Prigioniero
Proceedings Processo
Release Rilascio
Roll call Appello nominale
Suspended sentence Punizione con la condizionale
File an application A richiesta
Sentence Sentenza
Will Testamento
Witness Testimone

Annexures

  1. FCDO leaflet: Support for British Nationals Abroad: Summary
  2. FCDO leaflet: In Prison Abroad: Transfer to a UK Prison
  3. List of English-Speaking Lawyers
  4. List of Private Translators/Interpreters
  5. Prisoners Abroad Forms

Updates to this page

Published 31 July 2026

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