INFORMATION FOR VISITING BRITISH NATIONALS ARRESTED OR IMPRISONED IN THE BRITISH VIRGIN ISLANDS

Transcription

1 Office of the Governor Government House P. O. Box 702 Road Town, Tortola Virgin Islands Telephone: (284) /70 Facsimile: (284) Web: INFORMATION FOR VISITING BRITISH NATIONALS ARRESTED OR IMPRISONED IN THE BRITISH VIRGIN ISLANDS INTRODUCTION TO THIS GUIDE This information has been produced by The Governor s Office for the benefit of visiting British Nationals who have been arrested or imprisoned in the British Virgin Islands (BVI). It aims to explain the British Virgin Islands legal and prison system, your rights and what Governor s Office staff can and cannot do to help you. ABOUT YOUR CONSULAR REPRESENTATIVE Your consular representative from the Governor s Office is Claire Hunter, Consular/Project Officer. We are impartial and not here to judge you. We will try to ensure that you are treated properly and fairly in accordance with British Virgin Islands regulations, and as favourably as other prisoners. We can answer questions about your welfare and about prison regulations, but you must ask your lawyer or the court about legal matters. The Governor s Office will provide you with a list of lawyers, which is intended for your convenience. However, neither Her Majesty s Government, nor any official of the Governor s Office takes any responsibility for the competence or probity of any firm/advocate on the list or for the consequences of any legal action initiated or advice given. Please note that we cannot pay fines, stand bail or interfere in the local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime. We have tried to ensure that the information contained in this leaflet is accurate and up to date, but the Governor s Office cannot accept legal responsibility for any errors or omissions in the information. 1

2 CONSULAR ASSISTANCE Who will know that I have been detained? When a British national is arrested and detained in the BVI, the BVI authorities should inform the Governor s Office. The arresting officer will pass on your arrest details including the details of any family or friends you would like the Governor s Office to contact on your behalf. The Consular Officer will try to speak to you within 24 hours of your arrest, and carry out a visit within the first 48 hours. How can I contact my family? On initial detention, you will be entitled to write to your family, and will be allowed a telephone call to either your family or the Governor s Office. What will my family be told? For reasons of confidentiality we are not permitted to tell anyone, even your family, that you have been detained or what the charges are without your permission. Social workers may be more open about this. However, if you wish to inform your family, we can make contact with them through our colleagues in the Foreign and Commonwealth Office (FCO) in London. We can give your family or next of kin advice on prison procedures, regulations, and how you are doing. We can also pass on important messages from you. However, if you are under 18 years of age, we have to inform your next of kin. Our Consular assistance consists of: Consular Visits: The Consular Officer will aim to visit you every 3-4 months if you are on remand. If you have been sentenced, the Consular Officer will aim to visit you once every months unless there are reasons to visit more frequently. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. If there is any information you would prefer not to disclose to your next of kin you should let us know during the visit. Financial Support: The Governor s Office does not financially support British Nationals imprisoned abroad. However, you can receive financial assistance whilst in prison through private funds deposited to you by family or friends. For further information on how you can receive funds your family/friends should contact the Caribbean Desk in the Consular Directorate of the Foreign and Commonwealth Office in the United Kingdom (Tel: /2). Funds received from the UK will be converted into local currency and sent to the Prison where they will be added to your prison account and can be used for purchase of items from the prison commissary. Please note that Consular staff cannot be responsible for the loss or return of funds by the Prison Authorities. Written Correspondence: Consular staff will reply to any written correspondence within our UK Government target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be of a serious nature this includes any serious health issues with which you need our help or any serious concerns that you may have for your safety. Issues of a routine nature should be raised with us during Consular visits. Telephone Contact: If you have a matter of a serious nature which you need to discuss with Consular staff on the telephone you may ask the authorities to pass a message to the Governor s Office on your behalf. We will then make a telephone appointment to speak with you. We will only do this if we consider the issue to require urgent attention. Personal Belongings: The Governor s Office cannot hold or search for any personal belongings. When someone is 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 2

3 no guarantee that personal belongings will be returned since the Police are legally entitled to keep or destroy items seized as evidence. Please be aware that the Governor s Office cannot trace or store any personal belongings of British Nationals imprisoned in the BVI. THE BRITISH VIRGIN ISLANDS JUDICIAL SYSTEM The BVI operates on the basis of UK Law although it has some differences due to the fact that it has not adopted some new legislation or has only taken on certain elements of such legislation. The Royal Virgin Islands Police (RVIPF) consists of full time officers and Auxiliaries (who have a limited power of arrest i.e. if an offence is witnessed by them). Police Officers have the power to arrest any person without warrant for most offences (and certainly all of the offences such as theft, criminal damage etc). Even minor offences such as threatening behaviour are arrestable without warrant if witnessed by the officer at the time. The arrested person must be told why they have been arrested. There is drink driving legislation within the BVI and whilst they do not have the breathalyzer system you can be arrested on suspicion of being drunk in charge of a vehicle and a blood specimen will be taken from the driver. Whilst the Police Officer has no power to take this specimen without the person s consent the Magistrates court can issue an order for you to do so and failure to comply with that order constitutes an offence. The Governor s Office cannot interfere with the BVI s Judicial System. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. What happens when I am arrested? An arrested person will be held at a Police Station and has the right to have someone informed of their arrest unless a senior officer considers that this might interfere with the investigation (i.e. alert a person not yet arrested or who is possession of stolen property). They also have the right to seek legal advice (at their own expense). An interview will be audio and video recorded (unless equipment is not available or has failed in which case a written interview will be conducted. For how long can I be remanded in Custody? A person can be held in custody for a total of 72 hours without charge. The first 24 hours requires no additional authority. An officer of the rank of Superintendent or above can authorise a further 24 hours and a Magistrate can authorise further detention up to the maximum of 72 hours in total. Investigation and indictment If charged the person will either be released on bail (this is similar to the UK) or can be remanded in custody to appear at the next magistrates Court (which normally sit Monday to Friday). They will be detained at the Police station. The charges are read out to the person and they retain a copy of those charges. At Magistrates Court there can be a series of appearances to determine the plea, method of trial, bail and to fix a date for effective hearings. The Magistrates Court (unlike the UK) can try serious cases and can sentence up to 5 years imprisonment. However the majority of serious cases will be committed to the high Court (equivalent to Crown Court in 3

4 the UK). In order to commit this case a Preliminary Inquiry (PI) will be held whereby the Prosecution will have to prove a prima facie case this means that there is sufficient evidence to suggest it should be tried before a jury. It normally takes 6 8 weeks before a PI is heard. The Magistrates Court can grant bail (under similar conditions as the UK). Any person remanded into Custody from the magistrates Court will be held at Balsam Ghut Prison. It is unlikely that bail will be granted in serious cases such as drugs supply/importation, robbery etc. and will depend on the circumstances of the individual case. The High Court sits a various periods during the year and it can take some time for a case to come to trial. The High Court system is very similar to the UK Crown Court and the jury is made up of local BVI citizens. Sentence/Release As in the UK whilst serving a prison sentence the prisoner can be released after two thirds of that sentence if they have been of good behaviour. However if the sentence is in lieu of a fine no remission can be given. If the person is subject to deportation at the conclusion of the sentence he will be held until deported. There is no Prisoner Transfer Agreement between the UK and the Overseas Territories. Appointing a Lawyer You can hire a lawyer for yourself at any time after your arrest; a list of English speaking lawyers is included with this guide (please note the disclaimer). Consular Officers are not lawyers and cannot offer authoritative advice. We advise you to determine the lawyer s fees before appointing someone to represent you. Legal Aid Legal Aid is available in the BVI to defendants facing charges at the High Court. Non BVI residents/citizens can apply. You cannot apply for Legal Aid if your case is being heard at the Magistrates Court. However if the case moves to High Court you would be eligible. Application forms are available at HM Prison or the family can apply if they visit the BVI. Bail The Magistrates Court can grant bail (under similar conditions as the UK). Any person remanded into Custody from the magistrates Court will be held at Balsam Ghut Prison. It is unlikely that bail is granted in serious cases such as drugs supply/importation, robbery etc. and will depend on the circumstances of the individual case. Paying Local Costs The Governor s Office cannot pay your fines or your lawyer s fees, nor guarantee to the court/lawyer that you will pay them. If, however, you have a family member or friend in the UK who can deposit money with the Foreign and Commonwealth Office in London we will release the equivalent amount in local currency. The Consular Officer will discuss this with you during his/her visits. Interpreters The language of the courts in the BVI is English. If you cannot speak English the courts will usually endeavour to provide an interpreter for you. 4

5 Sentence As in the UK whilst serving a prison sentence the prisoner can be released after two thirds of that sentence if they have been of good behaviour. However if the sentence is in lieu of a fine no remission can be given. Parole / Prisoner Transfer You will have to serve your entire sentence in the BVI. There is no Prisoner Transfer Agreement between the UK and the Overseas Territories. Prisoners in the BVI are eligible to apply for Parole at two-thirds of the way through their sentence. Deportation If the person is subject to deportation at the conclusion of the sentence he will be held until deported. PRISON CONDITIONS AND WELFARE HM Prison Balsam Ghut was opened in1997 and is located on the eastern end of Tortola. In early 2008 an additional building was added, which now houses an Immigration Detention Centre and accommodation for small numbers of female and juvenile prisoners. The prison was designed to hold 60 prisoners in single cells on 3 wings. In recent years the prison population has risen steadily and inmates are typically housed two to a cell. Who can I ask for help in prison? You may ask to speak to: ۰ Acting Superintendent, Charles Forbes ۰ Custodial Officers ۰ Shift Leader Visits by family, next-of-kin or friends - Remand Remand Prisoners are entitled to one visit per week. Visits are normally limited to 15 minutes but this is rarely enforced. Families are limited to two adults and 1 child. See below for visiting hours. You may be allowed extra or slightly longer visits if there are special or compassionate reasons (for example, distance). There are no Visitor Permits. Visitors must call HM Prison to make an appointment and should bring identification containing a photograph (eg passport). HM Prison Tel: + 1 (284) ext (284) A prison guard may sit in on the visit to make sure that what is said between you and your visitor will not adversely affect the case. Visits by family, next-of-kin or friends - Sentenced Sentenced Prisoners are entitled to one visit per week (two visits per week if in the minimum security wing). Visits are normally limited to 15 minutes but this is rarely enforced. Families are limited to two adults and 1 child). See below for visiting hours. You may be allowed extra or slightly longer visits if there are special or compassionate reasons (for example, distance). 5

6 There are no Visitor Permits. Visitors must call HM Prison to make an appointment and should bring identification containing a photograph (eg passport). HM Prison Tel: + 1 (284) ext (284) Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (eg passport). This is held by the prison and returned at the end of the visit. The Prison authorities reserve the right to hear and see all meetings and conversations with inmates. Visiting Hours (Unconvicted Prisoners) Tuesdays & Thursdays 9.00am 2.00pm Visiting Hours (Convicted Prisoners) Saturdays & Sundays 9.00am 2.00pm What can a visitor bring? Visitors can bring prison comforts. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable. Communication Incoming Mail Family and friends can write to you directly. All mail is subject to strict censorship procedures and will be read and checked prior to reaching you. Any mail received which does not pass scrutiny will be placed with the inmate s personal belongings and handed to them on their release. The authorities are unable to return mail to sender if it does not comply with censorship rules. Letters can be sent directly to the Prison at the following address: [Name of Prisoner] HM Prison P O Box 627 Road Town Tortola British Virgin Islands Communication Outgoing Mail All letters will be read. Outgoing mail should be left at Prison Reception for mailing. There is no charge for postage. Mail Limit There is no limit on how many letters may be sent or received. Can I receive parcels? Yes. All parcels will be searched for prohibited items which will be removed. List of prohibited items Please contact HM Prison for an up to date list. 6

7 Communication: Incoming Telephone Calls HM Prison will accept incoming international calls for foreign prisoners daily between the hours of 8.00am 5.00pm. Communication Outgoing Telephone Calls Cellphones are not permitted in HM Prison. Remand prisoners are entitled to two local calls per week which are limited to 10-minutes each. Sentenced prisoners are entitled to two local calls per week which are limited to 15-minutes each. Each wing is assigned a specific phone day you should check with the Custodial Officer. Prison Officers will normally ask who needs to use the phone on that particular day and prisoners will be brought to the telephone at the assigned time. Foreign prisoners wishing to make an international call should contact the Deputy Superintendent to arrange a time. Prisoners may make one international call per week. Smoking HM Prison is non-smoking. Prison Visiting Committee If you wish to speak to the Prison Visiting Committee, you must submit a written request to the Deputy Superintendent who will forward the request to the Committee at its next meeting. Can I receive medical and dental treatment? Prisoners are seen by the Prison Nurse immediately on arrival who will determine what medical or dental treatment is required. If you have been mistreated by the Police, HM Prison will refuse to admit you and will return you to the Police in order to seek further medical or dental treatment. If you need subsequent medical or dental treatment you should make an appointment to see the Prison Nurse through the Custodial Officer or Shift Leader. The Prison Nurse is on call 24 hours per day. Food and diet The prison authorities have assured us that the food they provide is a balanced diet giving the necessary daily nutritional requirements. A special diet can only be approved where the Prison Nurse gives his authority on medical grounds (eg high blood pressure, diabetes). A meal cart will bring your meal to your cell where you have the choice of food (eg vegetarian, vegan, fish and meat). Vegetarian and Vegan meals are available every day you do not have to request this in advance. If your religion requires you to have a special diet this is also usually allowed or you can make your own selection from the meal cart. Fresh fruit is given every Friday. You can supplement your diet by purchasing items from the Prison Commissary (eg snacks, pizza, veggie burgers, ice-cream, cakes, and drinks). See below for further details. Prison Comforts Prisoners on remand are not allowed radios. 7

8 Sentenced prisoners are allowed a small radio (no tape). If you are moved to the minimal security wing, you will also be allowed to have a TV and/or a DVD player. Cigarettes are not allowed. Roll-on deodorant is currently allowed. Prison Commissary The Commissary is currently open daily from 9.00am 6.00pm. There is currently no restriction over how much money a prisoner may spend in the Commissary. The Commissary stocks items such as snacks, pizza, veggie burgers, ice-cream, cakes, and drinks. You pay for these items from money sent to you and which is held on account at the Commissary. A receipt will be given to you each time you make a purchase which will detail your balance. Work and Activity The recreation area (including a basketball court) is open from 7.00am 6.00pm. Prisoners will have access according to the time allocated to their wing but will remain in their cells for the rest of the time. Prisoners on remand may not work. Sentenced prisoners should make a request to the Custodial Officer if they wish to work. It is in your best interests to work, however, it is difficult for the prison to supply work to all prisoners because there is often not enough jobs to go around. Sometimes this means that only about half of the prisoners in a prison will be able to work so you may have to wait a while before a suitable job is found. Money earned within HM Prison will be held on your behalf until you are released from Prison. If you need extra money in the Prison Commissary, you may ask for some of your salary to be placed on account. Money earned outside HM Prison (eg work gangs) will be available immediately on account at the Commissary after HM Prison has deducted 30%. Prison authorities will also assist you in setting up an outside bank account for any money earned outside of the Prison. Funds You cannot hold cash in HM Prison. All money is placed on account in the Prison Commissary. A receipt will be given to you each time a deposit is made or when you make a purchase. Friends and family may deposit money on your behalf in the UK for transfer to you via the Governor s Office who will forward it to HM Prison. Your family should first contact the Caribbean Desk in the Consular Directorate of the Foreign and Commonwealth Office in the United Kingdom (Tel: /2). Funds received from the UK will be converted into local currency and sent to the Prison where they will be added to your prison account and can be used for purchase of items from the prison commissary. Please note that Consular staff cannot be responsible for the loss or return of funds by the Prison Authorities. What is there to read? There is a small Prison library. Remand and sentenced prisoners should make a request for books to the Custodial Officer or Shift Leader. Do I have access to training? There is a Prison classroom. Sentenced prisoners only may contact the Prison teacher, through the Custodial Officer, for details of classes available. 8

9 Complaints Procedure If you wish to make a complaint, you should complete a Complaints Form which can be obtained from the Control Hub, through the Custodial Officer. The completed form should be submitted to the Acting Superintendent who will hear the complaint. Office of the Governor Tortola February