Guidance

Information pack for British nationals arrested or detained in Austria

Updated 13 May 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This information pack aims to give you, and your family and friends, information about the local system in Austria and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

British Embassy Vienna

Consular Section

Jauresgasse 10

1030 Vienna

Austria

Telephone: +43 (0) 1716 13 0 (select Consular Services)

Fax: +43 (0) 1716 13 2900

Contact us online

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Austria, notification by the authorities to the British embassy normally takes place within the first few days following a person’s arrest.

Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide general information about the country, detention conditions and the local legal system (including if legal aid is available)
• provide a list of local English-speaking lawyers and a list of local interpreters
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, by telephone and/or letter, and visits from a consular officer, depending on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication which you may need
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• intervene to enable your release from prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Austria.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers.

You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity that supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Austria

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Austria for the latest information on safety and security, entry requirements and travel warnings.

Visiting rules differ from prison to prison (Justizanstalt) in Austria. Some prisons only allow visits on certain days of the week. Prior to visiting, you should find out whether there are any specific rules such as the number of visitors or whether an interpreter is needed etc. Your lawyer will be able to assist with this, or your family can contact the prison directly.

The number of visits allowed also varies from prison to prison and depends on the age of the prisoner, as well as whether you are on remand or have been sentenced. The length and frequency of visits will differ from prison to prison: you should ask the prison directly or alternatively your family should enquire with your lawyer.

Generally, 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. Please note that driving licences are NOT an official identification document. You should arrive at the prison at least 30 minutes before your appointment.

Remand Prisoners: All visitors visiting remand prisoners must obtain a visiting permit (Besuchserlaubnis) from the judge or prosecutor, who can refuse visits if they think that your case might be jeopardised. Visits to remand prisoners are usually allowed twice a week for 30 minutes per visit. If family or friends want to visit, they should contact your lawyer before travelling to Austria and ask them to request the visit from the judge in Austria. Family members will not be permitted entry to the prison without a visiting permit.

Sentenced Prisoners: Sentenced prisoners can be visited according to the rules in place within each individual prison. After sentencing you no longer require court permission to visit and will be able to arrange a visit directly with the prison authorities. Visits to sentenced prisoners are usually allowed once a week for 30 minutes.

It is sometimes possible to make arrangements for longer visits on compassionate grounds, for example, the distance visitors from the UK have to travel. This decision is, however, down to the facility in which you are being detained. Please contact your prison social worker for more information. You can also find further information about each prison in Austria.

What to expect when you visit

A prison guard (Wärter) might be present during the visit to ensure you are not discussing the case. If the conversation is not held in German, the judge may insist that an interpreter (Dolmetscher) is present to interpret the conversation for the prison guard. You may need to organise and pay for this. Your lawyer is best placed to find out exactly what is required and help you to make arrangements. Should you need to organise an interpreter yourself, you can find one through the Austrian Association of Interpreters and Translators and the list of local translators and interpreters. Most interpreters will require notice and should be booked as early as possible. Their services might be expensive.

What you can take on your visit

This varies from prison to prison, but normally packages of no more than about 4-5 kg containing small amounts of confectionary, underwear, clothing and shoes. Please check with the prison authorities first. Your social worker will be able to help should you have any specific questions about what is allowed.

Visits – Consular 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 to discuss concerns and next steps.

It is also important that you write to us to establish contact. Our address is at the top right hand corner of the original letter we sent you, informing you of your consular caseworker. Please be aware that we are unable to discuss or comment on anything concerning the trial or other legal matters. We are there for your health and welfare. We normally visit once after sentencing, if there is an important reason to do so. We can visit once before sentencing if there is an urgent reason for this.

You can write to us at any time on matters of concern, but if it is urgent it may be quicker to ask prison authorities to contact us to arrange a telephone call.

Emergency trips outside of prison

Certain judicial or personal matters may be so important that they cannot be postponed. If an urgent situation arises in Austria, which requires your presence outside the prison, for example a funeral or a critical illness concerning your next-of-kin, it may be possible to make an application to temporarily leave the detention facility at your own expense, accompanied by guards, if this is approved by the court.

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

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When the arrest takes place, you should be informed of your rights in a language you understand. You have the right to:

• remain silent
• refuse to cooperate in the proceedings
• appoint a defence lawyer of your choice or request the help of a duty defence lawyer
• request the assistance of an interpreter
• inform your next-of-kin (for minors or disabled persons, the legal representative must be informed)
• inform the British embassy

You will be taken to a local police station where the police must inform you, in a language you understand, the reason for your arrest and that preliminary proceedings have been commenced against you. You will be questioned and asked to provide your personal details. You may be asked to make a statement. This must be done with a translator or someone who can speak English. You will be held initially for a maximum of 48 hours. You are only in custody and not yet on remand. You may have to spend one or two nights in a detention centre or an airport holding cell.

If you are given documents to sign, ensure that you understand what you are signing.

What happens when I am charged?

The courts will inform you, your lawyer or public defender and the prison authorities of what you have been charged with. If you don’t have a private lawyer of your own you will be appointed a legal aid lawyer by the courts.

Appearing at court

From the police station, after a maximum of 48 hours, you will be taken to court where you will appear before a Magistrate (“Haftrichter”) who will discuss your case with you. The examining judge will decide whether you will be placed on remand to await your trial, be required to pay a fine, or granted permission for release. The decision will be based on the particular circumstances of your case.

Initial arrival at the prison

If remanded in custody, upon arrival at the prison you will be placed into a holding cell until the prison staff are ready to register you. You will be asked to provide your personal data such as your name, date of birth, nationality and place of residence, religion, marital status and profession, allergies and medical conditions, as well as name and address of next-of-kin. Your next-of-kin will not be notified without your permission.

It is important at this stage that you notify the prison staff of any pre-existing medical conditions so that they can arrange for you to be seen by a doctor.

The prison might also ask whether you would like the British embassy to be notified. If you do wish for us to be informed, please ensure that the prison is aware of this.

The prison staff will take your photograph and you will be assigned a prisoner number. This will need to be written on all correspondence sent to and from the prison. You will then be designated a cell on a prison wing, which will depend on your circumstances and/or case.

You will visit a doctor within the first few days for a medical check-up to ensure you are fit and well. It is important that you notify the doctor of any pre-existing medical conditions. Consular staff can gain access to your medical notes from the UK if required and you provide consent for us to do so.

A prison social worker will be appointed as your first point of contact for all matters pertaining to your rights, and the rules and regulations within the Austrian prison system. Please note that the majority of prison social workers in Austria do speak some English, but this will depend on the location.

Pre-trial detention (translated as “remand”) is governed by the Untersuchungshaftvollzugsgesetz (UVollzG) (code of pre-trial procedure).

Prison: conditions and daily life

Accommodation

Prison conditions in Austria are generally very good. In the majority of cases, you will be sharing a cell with one or possibly two 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.

Food and diet

The prison authorities have assured us that the food they provide is a balanced diet that meets the necessary daily nutritional requirements. 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. You can supplement your diet by buying additional food items, such as fruit or vegetables, from the prison shop using private funds (Eigengeld). Tap water is safe to drink in Austria.

Hygiene

Every cell is equipped with running water and a toilet. You will be permitted to use the communal shower at least two times per week. Toiletries can be bought from the prison shop from your private funds.

Work and study

Prisoners on remand are not obliged to work and opportunities to work can be limited. If the nature of the work means that contact with other prisoners is required, the prison or the judge will have to approve this first. Prisoners may only be able to work once they have settled into prison life, which is usually one month after arrival. Sentenced prisoners may be obliged to work and to perform a job which they are physically fit for. Some positions may require a knowledge of German language.

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

Contact and languages

Most prisons have some English-language books and other reading material in their libraries. If the prison gives you permission, you can order books directly from publishers and via certain authorised online platforms. With permission, you can receive English newspapers and magazines on subscription. You should explore this with your social worker and/or the prison authorities. Always confirm in advance with the prison that there is no objection to you ordering a particular book, magazine or newspaper. Reading materials sent without prior permission will be not be authorised for acceptance by the prison.

Most prisons offer language courses. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prisons in Austria usually offer a limited sports and/or leisure programme. This can involve a one hour break for a walk in the prison courtyard, weather permitting, and access to sporting activities such as table tennis, football, darts etc. Most prisons also have a gym with weight training equipment.

Climate

The Austrian climate is generally moderate with no excessive heat, cold or humidity. From July to August the daytime temperature ranges from 25 - 35°C and from January to February the range is from -2 - 7°C. During spring and autumn, the daytime temperatures range from 10 - 20°C. Appropriate clothing will be provided by the prison authorities.

Religion

All prisoners are entitled to take part in religious services of their choice. They also have the right to receive visits from a priest, rabbi or minister of their faith. Each detention facility is staffed by prison chaplains (Geistlicher). If you are on remand and the court has placed you under a separation order, you may not be able to attend the group religious services. The minister of faith may, however, visit you in your cell instead.

Rules and regulations (including drugs)

Drugs and mobile phones are strictly forbidden in Austrian 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, and it is important to note that your behaviour whilst in detention is taken into account when considering your application for conditional release.

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.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• 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).

The British Government does not provide financial assistance to prisoners.

Private funds

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 in the 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.

In Austria, prisons allow family and friends to transfer money directly into the prisoner’s ‘Eigengeld’ account, which is assigned to them when they enter prison. Find instructions on how to do this on the prison’s website or through the assigned social worker.

Should family or friends wish to arrange an international transfer to this prison account in Austria, we highly recommend going to a UK bank to do this. The process is quicker but the service will incur a fee. It is essential that they specify the following on the money transfer reference:

• what the money is to be used for, e.g. Eigengeld
• your name
• date of birth
• name of prison where you are currently detained

Prisoners Abroad

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.

Medical and dental treatment

While you are detained, Austria is responsible for ensuring your basic medical needs are met.

The prison doctor has an 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.

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.

If you have a long-standing 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 any medical or dental issues you may have are brought to the attention of police or prison doctors. 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.

Psychological care

If you suffer from depression or anxiety, or you feel you need psychological help, it is important to make this known as soon as possible and consult the prison doctor. They may be able to make recommendations regarding adjustments.

Letters and parcels

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 and then distributed.

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. You should therefore 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 another language, it may first need to be translated by personnel outside of the prison, before it can be released to you. This procedure 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.

On request, prisoners 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.

You can receive parcels from your family, but these will be strictly controlled. It is recommended that you check with the prison authorities what can and cannot be sent to avoid parcels being returned. Find more details on the relevant page of the prison website, or through your prison social worker.

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.

Telephone calls

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 is best placed to 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.

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 telephony account. Please consult with your social worker for further information.

Making a complaint about mistreatment

If you have been tortured or 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 advise on local complaints procedures and support 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.

Should you decide to raise an official complaint with the prison authorities, please notify consular staff. We take all allegations and concerns very seriously and will follow up with action appropriate to the circumstances of the case, with your consent.

Chapter 3: The Austrian judicial system

Overview

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

The Austrian judicial system is very similar to that of the UK. The Austrian legal system is based on the civil law tradition and has its origin in Roman law. It consists of public law, private law and criminal law.

The Austrian Constitution establishes Austria as a representative, or indirect, democracy with a two chamber parliamentary system, in which the separation of powers principle is recognized. Most legislative power lies with the Nationalrat (National Assembly), which is elected by general federal elections every fourth year. On the other hand the members of the second chamber, the Bundesrat (Federal Assembly), are nominated by the diets of the nine autonomous Provinces (Länder). The Federal Assembly represents the interests of the Federal Provinces.

Read a detailed overview in English.

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

First steps

What should happen after you are arrested

A person can be taken into detention (Festnahme) on the basis of an existing arrest warrant (Haftbefehl) or into temporary detention (vorläufige Festnahme) by the Public Prosecutor or Police where grounds for the issuance of an arrest warrant exist. In addition, a general right of arrest exists where a person is caught in the act of performing a crime, if they are considered a flight risk (Fluchtgefahr), or their identity cannot be confirmed.

When someone is arrested, they will be taken to a local police station where they must be informed of the reason for their arrest. If there is a language barrier, an interpreter must be provided.

You can expect to be brought before the court within 48 hours of your arrest, where the judge will determine whether you are to be released, fined or placed in pre-trial detention (remand).

Many foreign prisoners in Austria who are not resident in country may be deemed to be a flight risk.

If you have any questions on the legal aspects of your arrest, contact your lawyer.

Appearing at court

From the police station, after a maximum of 48 hours, you will be taken to court where you will appear before a Magistrate (Haftrichter) who will discuss your case with you. Their decision on whether you will be released, fined or placed in pre-trial detention (remand) will depend on the particular circumstances of your case. Remand custody may be imposed if the person who has been arrested is strongly suspected of having committed an offense or crime.

During pre-trial detention, the Public Prosecutor is responsible for all matters concerning the prisoner’s welfare. Pre-trial detention is governed by the Untersuchungshaftvollzugsgesetz (UVollzG).

Initial arrival at the prison

If remanded in custody, upon arrival at the prison you will be placed into a holding cell until the prison staff are ready to register you. You will be asked to provide your personal data such as your name, date of birth, nationality and place of residence, religion, marital status and profession, allergies and medical conditions, as well as name and address of next-of-kin. Your next-of-kin will not be notified without your permission.

It is important at this stage that you notify the prison staff of any pre-existing medical conditions so that they can arrange for you to be seen by a doctor.

The prison might also ask whether you would like the Embassy to be notified. If you do wish for us to be informed, please ensure that the prison is aware of this.

The prison staff will take your photograph and you will be assigned with a prisoner number. This will need to be written on all correspondence sent to and from the prison. You will then be designated a cell on a prison wing, which will depend on your circumstances and/or case.

You will visit a doctor within the first few days for a medical check-up to ensure you are fit and well. It is important that you notify the doctor of any pre-existing medical conditions. If needed consular staff can gain access to your medical notes from the UK if you provide consent for us to do so.

You will be appointed a social worker who will be your first point of call for all matters pertaining to your rights, and the rules and regulations within the Austrian prison system. Please note that the majority of prison social workers in Austria do speak some English, but this will depend on the location.

How long you can be remanded in custody

There is no maximum period for being held on remand. You can be held until the end of the criminal investigation or you may be released earlier if the arrest warrant is withdrawn or your arrest is suspended. A suspension of your arrest may be conditional: for example, you may have to deposit a sum of money in bail, or you may be required to report regularly to the Police.

You may only be held in pre-trial custody for more than six months under exceptional circumstances, for example where the investigation is especially difficult or unusually wide‑ranging, or there are other important reasons that need to be examined by the Public Prosecutor or by the Court. An investigative judge must substantiate a remand period that is set to extend past the six month mark.

Once remanded in custody, a detainee will usually appear before the Magistrate for the second time (first time was 48 hours after arrest) after 2 weeks, then a month and then two months thereafter. The process can take longer where the ongoing investigations are complicated. You will then receive a date for your main trial.

Read further information on the European e-Justice website.

After you are charged

Once your trial has taken place, your remand period automatically ceases and you start to serve your sentence. At the trial, the time already spent in prison on remand is taken into consideration when calculating the sentence. Once you enter post-trial detention, you will no longer have to appear before a Magistrate as described above.

Post-trial detention is governed by a law called Strafvollzugsgesetz (StVollzG).

Bail

The FCDO cannot transfer bail funds.

Bail only applies to those who are held on remand and awaiting trial. It is very rarely applied in the case of non-Austrians who are arrested as the risk of that person leaving the country is deemed to be high. Bail would only be granted if a pledge not to flee, hide or leave the domicile without the judge’s permission, or attempt to impede the investigations, is submitted to the judge. The amount of bail set is based on the financial situation of the accused, the nature of the crime and the likelihood of flight risk from Austria.

Instructions on how bail can be paid are available from the Magistrate’s office (“Haftrichter”) or prison social services.

If you have been released on bail please bear in mind that you must not leave the country without the judge’s permission. Bail forfeits if you fail to participate in the proceedings or if you start serving your sentence.

If bail has been granted you will be allowed to work in Austria. You will also be eligible for Austrian benefits or financial support if you meet the individual requirements.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, you can find one through the embassy’s list of local English-speaking lawyers.

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

The Austrian Government introduced a system in the 1970’s for assisting persons of small or moderate means by providing legal aid in civil and criminal litigation. An overview is below.

Legal aid involves the remission of court fees, deposits and similar charges on the one hand and gratuitous representation by a lawyer on the other. You are entitled to legal aid in a proceeding if you cannot, without endangering your livelihood, bear the cost of litigation.

A foreign national will be granted legal aid only subject to reciprocity on the part of his country. The Anglo/Austrian Legal Aid Convention of 31 March 1931, in Article II, accords national treatment of citizens of the United Kingdom as regards legal aid in the field of civil proceedings.

Applications for legal assistance must be submitted to the civil court. The application must be accompanied by an affidavit specifying all details regarding the applicant’s financial position and family commitments. In some instances only partial aid is granted in light of the applicant’s financial situation.

There are instances where representation by a lawyer is even mandatory, for example where an offence is punishable by a term of imprisonment of more than five years. Juvenile delinquents (i.e. persons over the age of 14 and below the age of 18) are entitled to gratuitous representation by a lawyer, even if they are charged with an offence which is tried in a magistrates’ court (Bezirksgericht), provided that such representation is necessary and the juvenile or his parents or legal guardians are not in a position to bear the cost of his defence.

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 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.

Sentences

Sentences vary greatly in Austria and will depend on the seriousness of the crime. Your lawyer or public defender will be best placed to advise on length of sentences and on appeals’ processes.

Appeals

You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defender. Depending on the case, it is not unusual for the public defenders to appeal against your first sentence. However, the appeal process is usually very slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided. In such cases you should seek the opinion of your lawyer before proceeding.

Reaching the end of your sentence

Reduction of sentence (remission) or early release (parole)

In Austria, the law makes provision for the early release of prisoners serving a sentence. The Executive Court (Vollzugsgericht) is obliged to consider automatically whether you should be released:

• when you have served half of your sentence (Halbstrafe) if the sentence was for a period of two years or less, and you have not been sentenced and imprisoned before
• when you have served two-thirds of your sentence if the above is not applicable

You may apply for early release at any time, however, in most cases you are expected to have served at least two-thirds of your sentence, which in total must be longer than two years. To benefit from early release, it is important that your conduct whilst in prison is good. Good behaviour will be taken into account when the court is considering whether someone is eligible for early release.

Your lawyer or prison social services will be able to provide further information on other early release options such as:

• §133a StVG – Provisional refrainment from executing a prison sentence due to an existing entry ban or exclusion order (Vorläufiges Absehen vom Strafvollzug wegen Einreiseverbotes oder Aufenthaltsverbotes)
• § 46(1)(2) StGB – Conditional release from a prison sentence (Bedingte Entlassung aus einer Freiheitsstrafe)

Clemency or pardon

Clemency is offered by the Federal President of Austria upon recommendation by the Federal Government. Traditionally a few hundred prisoners are pardoned at Christmas (Weihnachts-Amnestie) every year. However, this is only at the discretion of the Ministry of Justice.

Individual amnesty (Einzelbegnadigung) can be applied for by the individual at the Ministry of Justice or Federal President of the Republic of Austria.

Financial penalties

This really does depend upon the case, but financial penalties are very rare.

Transfer to another prison within Austria

If you have been tried and convicted you will be sent to a prison where you can expect to serve your sentence. Transfers are only permitted when there are exceptional and compassionate reasons for doing so.

Transfer to a prison in the UK

You may be able to apply to transfer to a prison in the UK. To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be 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.

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.

Release and deportation

This varies depending on the crime and also the normal place of residence of the person being released. There is no automatic expulsion. Depending on the crime and the sentence, a person who was residing in Austria would be released and would be able to remain in Austria. Where this is not the case, the person may receive a “Residency Ban” for either a limited period (e.g. up to 5 or 10 years) or even an indefinite period – either for the Republic of Austria only or for the whole of the Schengen area. For further information, please ask your prison social services to liaise with Immigration authorities (Fremdenpolizei) well in advance of your release. You will receive an information sheet in English explaining exactly what is expected of you following your release i.e. whether you may remain in country or how quickly you must leave Austria.

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 Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• 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:

The Salvation Army

UK Helpline +44 (0)20 7367 4500

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4.30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful legal terms

A
Abschiebung	Deportation
Abstimmung	decision
Abteilungsleiter	Floor Guard
Akte	File
Akteneinsicht	Access to file (by Lawyer)
Aktenzeichen	Court file reference
Amtsgericht	Local State Court
Angeklagter	the accused
angemeldet	registered
Anklage	charge
Anklageschrift	indictment
Anliegenformulare	application forms (prison)
Anstaltsleiter	Prison Director
Antrag	application
Antrag stellen	to file an application
Ausführungsvorschriften	prison rules regarding taking somebody outside
Ausländeramt	Foreigners Office
Auslieferung	extradition
Aussenstelle	police field office
Aussageverweigerungsrecht	right to remain silent
Ausweisungsverfahren	deportation order
B
Beamtenbeleidigung	insubordination to officer
Beamte(r)	State official & Wardens
Beisitzender Richter	additional judge
Berufung	appeal
Bereitschaftspolizei	riot squad
Beschuldigter	the accused
Beschwerde	appeal or complaint
Beschwerdevorgang	complaints system
Besuch	visit
Besuchserlaubnis	visiting permit
Betäubungsmittelgesetz BtMG	law relating to drug offenders
Bewährung	Parole / Probation
Beweis	Evidence
Blutprobe	blood test
Briefmarken	Stamps
Bundesanwaltschaft	Federal Prosecutions Office
Bundesamt für Verfassungsschutz	Federal Office for the Protection of the Constitution
Bundesgrenzschutz	Federal Border Police
Bundeskriminalamt	Central Criminal Office
Bundesnachrichtendienst	Secret Service
Bundeswehr	German Army
Bunker	Solitary Confinement
D
Dienstaufsichtsbeschwerde	procedural complaint against official
Dolmetscher	Interpreter
E
Eigengeld	personal money in prison
einkaufen	to buy
Einzelrichter	Single Judge Court
Entlassung	release
Entlassungsschein	release order
Ermittlungsrichter	Investigative judge
F
Fluchtgefahr	risk of absconding
Freie Beweiswürdigung	evaluation of evidence
G
Gefangene	prisoners
Gefängnis	prison
Geld wechseln	to change money
Gemeindevertretung	representative of the Local Authority
Genehmigung	permit, entitlement
Generalstaatsanwalt	Chief Public Prosecutor
Gerichtsverfassungsgesetz (GVG)	Statute of Judicial Organisation
Gericht	Court
gering	minimal
grosse Strafkammer	greater Criminal Court
H
Haftrichter	Investigating Judge
Haftprüfung	custody hearing
Hauptkomissar	Police Chief Inspector
Hauptverhandlung	main trial
Hausgeld	money earned in prison
Hausordnung	prison house rules
Hauszeitung	prison newspaper
Haftbefehl	custody order
Herr des Ermittlungsverfahrens	head of the pre-trial
Hilfsbeamte der Staatsanwaltschaft	Police assisting prosecutor
hinreichender Verdacht	sufficient suspicion
Hochverrat	treason
Hofgang	exercise (walk in courtyard)
J
Justizminister	Minister of Justice
Jugendgerichtsgesetz	juvenile prison rules
K
Kläger(in)	plaintiff/claimant
kleine Strafkammer	lesser Criminal Court
körperliche Untersuchung	physical examination
Kriminalkommissariat	Police Commissariat
Kriminalpolizei	C.I.D.
L
Landgericht	Regional State Court
Länder	German States
N
Notar	Notary
Nebenkläger	civil party in criminal trial
O
Oberkommissar	Police Inspector
Oberlandesgericht	Higher Regional Court
Oberstaatsanwalt	Chief Prosecutor
Ordnungswidrigheit	petty infraction
Organ der Rechtspflege	Officer of the Court
P
Pflichtverteidiger	Legal Aid Lawyer
Polizeipräsident	Chief Constable
Polizeirevier	small police station
Privatklage	private prosecution
R
Rechtsanwalt	Lawyer
Rechtsanwaltskammer	Local Bar Association
rechtskräftig	valid or legal
Rechtsmittel	legal remedy
Rechtspflege	administration of justice
Rechtsspruch	adjudication
Referendar	Legal Clerk or candidate for law examination
Referendarexamen	State Lawyer’s Examination
Revision	appeal for error
Richter	Judge
S
sachliche Zuständigkeit	jurisdiction
Sachverständige Zeugen	Expert witness
Sicherheit	security
Sicherheitsverwahrung	preventive detention
schuldig	guilty
Schlussbericht	completed file
Schöffen	Lay Judges
Schöffengericht	Lay Judges Court
Schwurgerichtskammer	highest Chamber of greater Criminal Court
Sicherheitsleistung	Bail/bond
Sozialarbeiter(in)	Social Worker
Staatsanwalt	Prosecutor
Staatsanwaltschaft	Public Prosecutor’s Office
Strafbefehl	penal order
Strafgesetzbuch	criminal code
Strafprozessordnung (StPo)	code of criminal procedure
Strafhaft	imprisonment after conviction
Strafrichter	single Judge
Strafsenat	High Court
Strafvollzugsgesetz (StVollG)	prison rule book
Straffvollzugsbeamter	Prison Warder
U
Überbrückungsgeld	gate money (prison)
Übersetzer(in)	Interpreter
Untersuchungshaft	preliminary detention
U-haftvollzugsordnung (V-VollzO)	remand rules
Urteil	judgement / sentence
V
Verbrechen	major offence
Verdunkelungssgefahr	danger of interfering with the course of justice
Vergehen	minor offence
Verhältnismäzigkeit	proportionality
Verhandlung	Trial
Verlegung	transfer to another prison
Vernehmung	(cross-) examination
Verteidiger	Representation
Verwaltungskammer	prison court
Verwaltungsvorschriften	local prison rules
Vollmacht	Power of Attorney
Vollsreckungsverfahren	penal proceeding
Vollzugplan	personal prisoner plan
Vollzugsgeschäftstelle	prison administration
vorläufige Festnahme	temporary detention
Vorsitzender	Presiding Judge
W
Wärter	Warder
Widerstand	opposition
Wiedereingliederung	rehabilitation
Wiederholungsgefahr	danger of repeated criminal offences
weisungsgebunden	duty of obedience
Z
Zwischenverfahren	courts pre-trial review of case

Key phrases – English into German

• 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

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-speaking lawyers

List of private translators/interpreters

Prisoners Abroad forms

Prisoners Abroad forms

Prisoners Abroad authorisation form

Prisoners Abroad family contact form