Guidance

Information for British nationals detained or imprisoned in Latvia

Updated 3 April 2024

1. Chapter 1: Key points

1.1 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. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Latvia 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 in Latvia can be contacted on +371 67 774 700 or email riga.consular@fcdo.gov.uk

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 Latvia, notification by the authorities to the consulate normally takes place 24 hours after arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also Legal assistance: lawyers and legal aid
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• 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, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• 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 places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of 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

1.2 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 Latvia.

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 which supports British citizens detained overseas and their families.

2. Chapter 2: Detention conditions in Latvia

2.1 Visits: friends and family

Who can visit and how to arrange visits

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

Each prison will provide you with a set of rules. In general, visits are possible and need to be arranged in advance by contacting the prison. However, your family may not be permitted to visit while being held on remand.

A request for a visit must be submitted at least 10 working days in advance. Your family need to have ID to access the detention centre/prison.

What to expect when you visit

Once sentenced, the duration of a visit is determined by the prison. The decision on duration of the visit is made in accordance with the degree of the sentence, and also observing the communication and meeting restrictions set by the investigating judge.

There are two types of visit. A short visit is intended to maintain social contact and is from 1 to 2 hours. Short visits take place in rooms equipped with booths, but conversations take place through an open window, as the prisoner is separated from the visitors by a wall.

A long visit – is between 6 to 48 hours, intended to maintain family ties. During this visit, prisoners and visitors stay in hotel-type rooms.

Local law states that during long visits you are allowed to stay with relatives – partners, parents, children, adoptive parents, brothers and sisters, grandfather, grandmother, grandchildren or spouse. The prison may also, for security reasons, prohibit you from meeting a specific person.

What you can take on your visit

Permitted items are listed in the internal rules of the prison or detention centre. Drugs, alcohol and mobile phones are banned in prisons. Tobacco cigarettes are not prohibited.

Visitors may bring you certain items and food that you are allowed to have, but you may not take them out of the meeting room. Items and food products that you are allowed to have are specified in the Latvian Cabinet of Ministers Regulation No. 423 Annex 1 “Objects and foodstuffs that a prisoner is allowed to keep” - available in Latvian only.

Visits: consular staff

You have the right to receive visits from consular officers from the British Embassy Riga.

All visits must be requested in writing from the prison administration in advance. Health related quarantines may be the cause of visit restrictions e.g. COVID.

You can write to us at any time on matters that concern you to Riga.consular@fcdo.gov.uk – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

With the permission of the prison service, you are permitted to move outside the grounds of an open prison to study or, work, also to attend a funeral of your next-of-kin or to access health care services.

Olaine prison is also the Latvian Prison hospital. However, prisoners with serious acute health conditions may be taken to a medical facility outside prison under the supervision of prison guards. Prisoners with less serious chronic conditions may request to receive treatment at an alternate medical facility but they will need to pay for the treatment and cover the costs of transport. Consent from the prison administration needs to be sought for treatment outside prison.

2.2 Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Police should inform you in writing of your rights and of the allegations against you immediately after you have been arrested. This information should be given in a language you understand.

The police officer who carries out the investigation will tell you what is happening.

The Police or Border Guard Board organise the imposition of custody pending trial and detention.

Appearing at court

The hearing starts with the presentation of the accusations against you by the prosecutor. The evidence presented by the prosecutor (including oral witness statements) will be examined, and after that, the evidence presented by your lawyer in support of your defence will be examined.

Your lawyer will have the opportunity to call and cross-examine witnesses during the trial.

The trial ends with the prosecutor and your lawyer making arguments in support of their respective cases, and you will be given the last word.

If you do not speak the local language, a translator will be provided. You are not obliged to have a lawyer but it is advisable since you may be unfamiliar with the local situation and laws. You can choose a lawyer or you can ask the investigating officer to provide a duty solicitor.

The investigator (police officer), prosecutor, and the judge involved in your case are obliged to arrange a lawyer for you upon your request. If you are detained a lawyer will be invited to represent you within 48 hours. It is advisable for any foreign lawyer participating in the proceedings to do so together with a local lawyer

It is mandatory to have a lawyer in the following circumstances:

• if you are a minor/ legally incapacitated/ have learning difficulties
• if a decision is made regarding use of coercive measures of a medical nature
• if you are not able to exercise your procedural rights due to physical/ mental incapacity
• if you are illiterate/ have received a low level of education that does not allow you to exercise your procedural rights
• if negotiations have been started on a deal with the prosecution
• if the case is tried in your absence

In these cases, a lawyer will be appointed for you and you can reject them except where coercive measures of a medical nature are applied. You have the right to request a different lawyer.

An interpreter will be provided for free, to help you understand the evidence in your case.

Read more information about the Latvian judicial system.

Initial arrival at the prison

Imprisonment is divided into three phases: the reception, main and release phase. The purpose of the reception phase is to help you to integrate into prison life and to create a rehabilitation plan. Your rights and obligations as a prisoner should be explained to you soon after you are detained in prison.

In the main phase, the rehabilitation plan will be implemented. The goal of the release phase is to prepare you for life after being released from prison.

A closed prison is a prison with a guarded wall or other barrier which enables constant supervision of prisoners. A closed prison has cells which allow constant visual and electronic surveillance of prisoners. Prisoners are allowed to move about within the grounds of a closed prison at locations and times provided in the internal rules. At night prisoners are separated in locked cells from lights-out until wake-up.

An open prison is a prison with grounds marked by clearly visible signs. An open prison has residential buildings with rooms for the accommodation of prisoners. Prisoners are permitted to move about freely within the grounds of an open prison from wake-up time until lights-out. With the permission of the prison service, prisoners are also allowed to move outside the grounds of an open prison in connection with their studies, work or provision of health care services.

2.3 Prison: conditions and daily life

There are 9 prisons in Latvia, amongst them are Iļģuciems prison for women and Cēsis juvenile correction facility. The prisons are built to accommodate just over 5000 prisoners, but the actual prison population is around 3400.

Over population of prisons is rare, but not impossible.

Most prisons are more than 100 years old. Latvian Government has invested considerable financial resources to convert prisons, so that they meet the minimum standards. So far approximately 40% of prisons have been renovated. Most prisons will have a mixture of the old style cells, holding up to 30 prisoners, and the renovated cells holding 3-6 prisoners.

Commonly, a prison administration will try to put foreign prisoners in the renovated blocks of the prison, although there are no guarantees. It is also common that the administration will try to put prisoners speaking the same language together.

After serving a quarter of your sentence, dependent on a good behaviour record, you may write to the Regime Commission at the Prisons’ Authority requesting to be transferred to a lower security prison. For serious breaches of prison rules you may be transferred to a higher security prison.

Accommodation

Sentenced prisoners and those on remand are not always held separately. If the conditions of your cell is not acceptable (e.g. difficulties with other inmates) – you can apply to the prison administration for change of cell.

Mostly cells are shared. Usually there are 3 to 6 prisoners in a cell. Most cells have either single beds or bunk beds, with a mattress, blankets and bedding. Cells usually have toilets, running water, electricity. Natural light is not always possible. For laundry washing you may have to pay.

Food and diet

Meals are provided on a regular basis (usually 3 times per day). Drinking water is always available.

Special dietary requirements due to medical conditions such as diabetes are agreed with the prison doctor. As far as possible, prisoners are permitted to observe the dietary habits of their religion.

You can supplement your diet by buying food from a prison shop.

Hygiene

The number of times a week you can shower/bathe is dependent on the prison – usually it is at least twice per week. Shower/bathing facilities are communal. Most of Latvian prisons are old buildings and toilets are in cells, separated with a low wall from the rest of the cell. Toiletries are provided by the prison authorities in limited numbers and you can buy toiletries at the prison shop.

Work and study

In some prisons (for instance in Valmiera, Daugavpils prisons) work is available. The average salary in prison is 122 euro per month. Sometimes certain unpaid jobs are available e.g. in the kitchen. You will need to submit a request to the Prison Director. Prisoners are not allowed to work while on remand.

Prisons usually offer basic skills programmes, secondary education (both for minors as well as adults who do not have), as well as vocational programmes, or more recently, higher education programs are available through various forms of learning, which may require a fee. Other educational activities in the prison include various rehabilitation programs, sports or physical activities, arts and crafts programs (for example, welder, carpenter, seamstress). Basic and professional learning and training is usually provided by the staff of general secondary or vocational schools. Latvia do face shortages of staff and resources in some education areas, and prisoners are not always willing to attend such classes (though primary education – 9 grades, is mandatory). Language of education is Latvian, but Russian or English could be used as the instrument to facilitate the communication.

Contact and languages

Few Latvian prisoners or guards speak English, so it is a good idea to learn some Latvian or Russian (no language classes are available). Russian is widely spoken both by prisoners and the staff in all prisons. A language will help you to understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. Foreign prisoners tend to be kept in a cell with other foreigners/English speakers.

All prisons have payphones and cards can be purchased from the prison shop. As with parcels and visits, there are limits on how often and for how long you can make calls. This also depends on the regime of the prison.

Small TV sets, radios are also allowed in cells (with permission from the prison administration) and foreign channels are also allowed. Books and newspapers from the library or ordered by post are available also in English, although in small numbers.

In some prisons you can buy a TV set from the prison shop. Prisoners may be asked to pay for the electricity used.

Some limited access to the internet is also possible (in Olaine Prison Hospital, for example.

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

Exercise

You are permitted to go outdoors a certain number of hours a day, the duration is dependent on prison. Basic sports equipment (weights, table tennis) may be available in some prisons. Exercise organised by the prison authorities is limited.

Climate

The climate is not radically different to that of the UK. Summers can be hotter and more humid and winters colder (below 0 C is not uncommon). Clothing is provided appropriate for the weather.

Religion

Detention facilities usually have religious ministers (priest, rabbi or minister of faith) and you are allowed to be visited by them and to take part in religious services of your choice.

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners at the arrival.

For serious breaches of prison rules (including insulting or abusing staff) you may be transferred to a higher security prison.

Drugs, alcohol and mobile phones are banned in prisons. Routine checks are performed by prison staff. Possession and use of these items is punishable. Fighting is also a punishable offence. For breaking the prison rules you may be punished by up to 15 days of solitary confinement.

2.4 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 UK 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.

All transfers to prisoners are made to one exact account number (State Treasury owned: TRELLV22 LV15TREL8190468041000) – when making the transfer the name and identity number of the prisoner (personas kods) is mandatory to indicate on the transfer document, in order to identify the recipient. When the prison authority receives it, it is transferred to the prisoner’s prison banking card.

Prisoners Abroad

Prisoners Abroad 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. Prisoners are eligible for one of the Prisoners Abroad Fund – the Craig Feehan Fund.

Medical and Dental treatment

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

Every prison has a first aid ward for treatment of less serious illnesses and traumas. Prisoners with serious acute health conditions are taken to a medical facility outside prison under the supervision of prison guards. Olaine prison is serving also as a Latvian Prisons hospital.

If you are taking any medicine or vitamins, you need to inform the prison doctor. He may prescribe equivalent medicine available in prison hospital stock or permit the medicine to be brought in from outside. Although the latter is entirely at their discretion and you will need to cover the costs. You would need to ask the Prison administration whether you are eligible for full or partial reimbursement.

Make sure you inform the Consular staff of any serious health concerns that you have (both physical and mental). With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Some prisons employ a psychologist or a social worker. You can ask the prison administration for a referral to be made.

Dentists are not always available at prison facilities.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

There are no restrictions on the amount of mail you may send and receive. You will have to pay for the stamps and, possibly stationery. Most letters are censored and some do not get through. Letters addressed to the Prosecutor, Consular staff or the National Human Rights Bureau may not be censored or opened by the administration.

You may have parcels sent to you. There are rules on what can and can’t be received and every parcel will be thoroughly examined by the prison administration. The sender may be held accountable for sending illegal items/ material/ substances. There are restrictions on the number of parcels you may receive depending upon the regime of the prison.

The sender should write the prisoner name and prison address on the front; and their own address on the back.

There may be additional customs/ VAT charges on parcels sent from the UK.

Telephone calls

All prisons have payphones and cards can be purchased from the prison shop. You have to apply for a call. As with parcels and visits, there are limits on how often (at least once per week) and for how long (5-30 minutes) you can make calls. This also depends on the regime of the prison. You are not allowed to have mobile phones.

2.5 Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Prisoners can lodge a complaint about mistreatment themselves through the local system – firstly report the treatment to a prison official, they will issue you with a complaint form to complete.

3. Chapter 3: The Latvian judicial system

3.1 Overview

Latvia has an independent judiciary (alongside the legislature and the executive) and employs a three-tier judicial system. In accordance with the Constitution, justice is administered in Latvia by district (city) courts, regional courts and the Supreme Court; and, in a state of war or emergency, also by military courts.

Latvian criminal trials are not heard by a jury. Most cases are heard by a single judge. If you are facing serious accusations, your trial may be heard by a panel of three judges.

Latvian law applies across the whole territory of the Republic of Latvia, regardless of the nationality of the accused.

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.

3.2 First steps

What should happen after you are arrested

Police should inform you in writing of your rights and of the allegations immediately after you are arrested. This information should be given in a language you understand. The police officer who carries out the investigation will tell you what is happening.

If you have any questions on the legal aspects of your arrest, contact your lawyer. Find a local English-speaking lawyer.

How long you can be remanded in custody

The maximum period for pre-trial detention depends on the seriousness of the crime you are alleged to have committed.

Your detention may be ordered if it is believed that:

• you may try to avoid your criminal proceedings

• you might commit another crime

• you might interfere with ongoing investigations

Alternatively, you could be released with various conditions, including the following:

• to notify changes to your address

• to appear at a police station on a regular basis

• to be subject to a restraining order

• to deposit bail money

Please note, that here are no laws in Latvia that specify how quickly your case must be heard by a court. The time it takes for your case to reach trial depends on a number of different factors, including the seriousness of crime; the extent of the required investigations; and the need for international cooperation.

The total time available for the investigation and prosecution depends on the seriousness of the offence which you are suspected of (from 6 to 22 months with the possibility to extend it for another 6 months).

Prisoners on remand and sentenced prisoners: differences

Sentenced prisoners and those on remand are not always held separately. If the condition of your cell is not acceptable (e.g. difficulties with other inmates) – you can apply to the prison administration for change of cell.

Prisoners are not allowed to work while on remand.

You are likely to be allowed more visits and phone calls once sentenced.

After you are charged

You will be detained pending trial and sentencing at a detention house linked to a police station or border guard unit.

The pre-trial proceedings

The purpose of the pre-trial proceedings is to:

• find out if a crime has been committed
• who is to be charged with a criminal offence
• whether it is possible to dismiss the case, close it, or take it to court

The pre-trial criminal proceedings have two stages – investigation and prosecution.

The investigation is carried out by different police authorities dependent on whose jurisdiction the crime took place.

The prosecuting authorities carry out the prosecution.

Rights during the investigation

Once arrested, the investigator or prosecutor must decide whether to recognise you as a suspect (i.e. to formally accuse you), or release you within 48 hours. If the investigator or prosecutor decides not to release you within this 48 hour period, you should be brought before a judge, to decide whether or not to keep you in detention.

You have a right to legal representation. Latvian criminal procedure gives you the right to have access to a lawyer “without delay”. This right includes the right to be interrogated in the presence of a lawyer, and the right to confer with a lawyer in private. If you are detained, a lawyer should be made available to assist you immediately.

Interpreters

The police should provide an interpreter for you.

The interpreter should translate everything, including oral communications, written documents, and evidence relevant to your case. The interpretation is provided for free.

Medical care

You have access to doctors if needed. You can make a request to the Guards.

Fingerprints, samples of DNA (e.g. hair, saliva) or other bodily fluids

You can be asked to give fingerprints or samples of your DNA. Samples of other bodily fluids can be requested and taken if it is necessary for the investigation of a particular offence.

You have the right to ask questions about the examination by an expert before the examination takes place.

You are obliged to submit to an expert examination.

You have the right to be told about information that is recorded and can ask to add anything you consider necessary before signing the record. If you do not allow samples to be taken for a comparative examination, they will be obtained using coercive measures on the basis of a decision by the investigating judge.

Can there be a body search?

Your body can be visually examined by a medical specialist, if there are traces of criminal activity on it, any specific markings or characteristics, etc. Only a person of the same sex / medical specialist can perform a visual examination of your body. A written record is made of the visual examination and you have the right to be told about it and to comment on it.

Your body can be searched if items or documents significant to the investigation are concealed in your clothes, belongings, body or its open cavities. Only a person of the same sex can search your body in the presence of a medical professional. Consent to perform a body search is not required if you are in detention. Consent to perform a body search is not required if it is performed during the searching of a room or area and you are present at that time.

Can my home, business premises, car etc. be searched?

Your home, business premises, car etc. can be searched. The investigating judge or court takes the decision about the search but the investigator’s decision, approved by the prosecutor is enough in urgent cases.

You or an adult member of your family have the right to be present during the search especially if it is performed at your official residence/ work place; except if you are under arrest. If you or an adult member of your family cannot be present during the search a representative of the local municipality, manager/ governor of the premises/ building must be invited.

You have the right to be told about the search before it takes place. All items found and seized during the search must be shown to you, recorded and wrapped and sealed, if appropriate. They will be returned to you when released.

You have the right to request that the site of the search be returned to its previous state if that is practically possible. You have the right to be told about the records of the search, express remarks and request that they are entered in the records. You have the right to a lawyer and interpreter during the search.

Your testimony

• you have the right to remain silent, your silence cannot be used against you in the investigation or trial
• your evidence will be seen together with other evidence in the case, you do not have to incriminate yourself
• you have the right to make any statement you consider necessary
• you have the right not to testify
• you have the right to give evidence and express your opinion in court
• you have the right to submit your evidence to the court in writing; the court will read it out
• you are not obliged to incriminate yourself; the public prosecutor is obliged to prove your guilt
• you are not obliged to tell the truth; a new case cannot be started against you because you have deliberately given false evidence/ refused to give evidence
• your behaviour can be taken into account in sentencing but it cannot be seen as an aggravating circumstance

Rights in relation to the evidence against you

• you can introduce new evidence during the court proceedings to support your alibi, rule out criminal liability/ mitigate guilt and challenge the evidence of the prosecution
• you have the right to ask questions of witnesses and the victim, you have the right to call witnesses including those that have not been questioned previously; to submit documents, physical/ electronic evidence; to ask the court to request objects/ documents
• you have the right to introduce evidence throughout the whole process of court proceedings – up until the moment when the court announces that the court investigation has been completed
• you have the right to use the services of a private detective, the court evaluates all evidence in its entirety when deciding on a case
• the court takes a decision about calling your witnesses after seeking the opinion of other parties in the proceedings; if your request is overruled, you can resubmit it repeatedly
• you and your lawyer have the right to ask questions of all witnesses in the case
• evidence is analysed in the defence statement that you / your lawyer will deliver

Case/charges against you

• you will be informed in general about the case against you and that you are the person against whom a case is initiated or when you are recognised as a suspect
• you / your lawyer should get access to the case file / evidence that supports the accusations against you after the end of pre-trial process, when the case is handed over to the court, or when the case is dismissed during pre-trial process
• it is not defined by the law how long pre-trial process can last, but in practise it can take from a few days to several years.
• in general, defence lawyers have no access to the case file until the pre-trial process is completed, so they cannot directly influence the course of investigations themselves, however your lawyer may be able to request certain investigations to be carried out in accordance with your instructions

Change of charges

• the charges against you can be changed if the prosecutor has obtained additional evidence. The initial charges against you must be changed if they have proved to be incorrect - then the prosecutor will terminate the prosecution for that part, the new charges will be presented to you
• the public prosecutor can change the charges in the course of the trial to more/ less serious charges
• if the public prosecutor changes the charges to less serious ones, but the factual evidence remains unchanged, the new charges are entered in the minutes of court proceedings
• if the charges are changed to less serious ones, when factual evidence has changed or to more serious ones but the factual evidence has not changed, the new charges should be entered in the minutes of court proceedings - you can request that they be issued in writing
• if the public prosecutor changes charges to more serious ones because new factual evidence has been found in relation to the crime, the court may announce a recess and the prosecutor must present the new charges to the court within one month
• information about the new charges will be sent to you, your lawyer, the victim and the victim’s representative and the date of the trial will be stated

Pleading guilty

You can plead guilty at any time. In most cases admission of guilt could be taken into account as a factor that could reduce your penalty. If you plead guilty, you are still entitled to a full trial if you want, but alternatively, you can accept a plea bargain, or opt for a trial under simplified procedures.

If you plead guilty, the criminal proceedings may be brought to an end. Possible outcomes are:

• a conditional discharge from criminal liability
• the prosecutor’s order for the applicable penalty
• an agreement with the prosecutor about you pleading guilty and the applicable penalty, which will then be validated by the court, etc.

If you plead guilty to all of the charges, the case can be tried without testing the evidence and by assessing only the evidence which relates to you personally, and to compensation in the form of damages. In this case, there are limited possibilities for an appeal against the court’s ruling.

Bail

You have the right to apply for release with bail while waiting for trial every two months, or at any point there are changes to your circumstances that could affect the outcome of such an application.

The investigating judge takes a decision about your detention within 48 hours of your arrest. You can be detained if a custodial sentence is envisaged for the crime you have committed and if no other security measure can ensure that:

• you will not evade the investigation/ court proceedings/ enforcement of the ruling
• you will not obstruct the course of the investigation
• you will not commit another crime

You do not need a lawyer to apply for release.

The investigating magistrate will hear from you before taking the decision regarding your detention. You have the right to submit documents suggesting that your detention would not be reasonable. The presence of a lawyer and an interpreter will be assured for you.

If you are not detained, and you have not been explicitly prevented from leaving Latvia as a condition of your release, you will be allowed to leave the country. In most cases, you may only leave the country with the written permission of the investigating officer.

If you violate the conditions of your release, you may be detained, and the bail money you deposited could be confiscated.

Bail is to be paid to the Latvian State Treasury (Valsts Kase), the source of the money (to avoid money laundering) is always checked.

The post and the FCDO can assist prisoners with contacting friends and family who may be willing to help.

The FCDO cannot transfer bail funds.

3.3 Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of 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.

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

If you do not speak the local language, you are not obliged to have a lawyer but it is advisable since you may be unfamiliar with the local situation and laws. You can choose a lawyer or you can ask the investigating officer to provide a duty solicitor.

The investigator (police officer), prosecutor, and the judge involved in your case are obliged to arrange a lawyer for you upon your request. If you are detained a lawyer will be invited to represent you within 48 hours. It is advisable for any foreign lawyer participating in the proceedings to do so together with a local lawyer

It is mandatory to have a lawyer in the following circumstances:

• if you are a minor/ legally incapacitated/ have learning difficulties
• if a decision is made regarding use of coercive measures of a medical nature
• if you are not able to exercise your procedural rights due to physical/ mental incapacity
• if you are illiterate/ have received a low level of education that does not allow you to exercise your procedural rights
• if negotiations have been started on a deal with the prosecution
• if the case is tried in your absence

In these cases, a lawyer will be appointed for you and you can reject them except where coercive measures of a medical nature are applied. You have the right to request a different lawyer.

Alternatively, the Latvian Bar Association should also be able to assist you with finding a lawyer.

Role of lawyer

Your lawyer’s role is to provide you with legal advice and defend you during the pre-trial stages of your criminal proceedings, and in the court.

Your lawyer has no power to conduct investigations, but can ask the investigator to order specific investigation activities to be carried out.

Financial aspects

If you are in need of a legal aid lawyer, you should ask the investigator to appoint one for you. Legal aid covers all complaints during the pre-trial and trial period, representation and defence at pre-trial and trial stages, as well as legal advice before the court hearings.

Legal aid is provided to everyone, regardless of their income, but if you are convicted, the state of Latvia will reclaim the costs for legal aid (except in certain circumstances e.g. when the presence of lawyer was mandatory. You cannot ask to have a particular lawyer to be appointed to you on legal aid.

Changing lawyer

If you are not happy with your lawyer, a good first step is to speak to your lawyer about your concerns. If that does not resolve the issue, you may wish to look into the possibility of finding a different lawyer to assist you.

If you appointed your lawyer privately, you only need to inform them that you want to change lawyer and appoint a new one.

You can refuse your legal aid lawyer at any time by informing the investigator about your decision. However, the investigator is not obliged to change your lawyer if they believes there are no serious reasons for your complaint.

You can submit complaints about lawyers to the Latvian Bar Association.

Trial Overview

The hearing starts with the presentation of the accusations against you by the prosecutor. The evidence presented by the prosecutor (including oral witness statements) will be examined, and after that, the evidence presented by your lawyer in support of your defence will be examined.

Your lawyer will have the opportunity to call and cross-examine witnesses during the trial.

The trial ends with prosecutor and your lawyer making arguments in support of their respective cases, and you will be given the last word.

An interpreter will be provided for free. You should be entitled to an interpreter, free of charge, to help you understand the contents of the evidence in your case.

Latvia is notorious for lengthy trails.

Location of the trial be held

The case will be heard by a district/city court, or for a very serious crime by a regional court. Usually the location will depend on the place where the crime has been committed. You will be given a written notice.

The case is heard in an open court sitting, with some exceptions (sexual offences; necessity to protect a state secret, etc.).

A single judge will examine the case in the Court of First Instance but the Chairman of the Court may require the case to be examined by a panel of three judges. They will decide if there is a case to be heard.

To be present during the trial

As a general rule, you have to be present during your criminal trial.

Trial in your absence

The court could try you in your absence (in absentia), if you are outside Latvia, and your whereabouts are unknown, or if it is not possible to secure your attendance in court. If your case is tried in your absence, you can submit an appeal after you receive the judgment.

3.4 Role of victim

Victims can play an active role in criminal trials. They can, for example, influence investigations by submitting applications, and demand compensation for the harm they suffered without the need to resort to separate civil proceedings. The victim may also present their opinion about your sentence and where appropriate, appeal against the judgment in your case.

You will receive information about witnesses who give evidence against you. The prosecutor will give you the case file after the completion of the investigation into the case and before it is sent to the court, and you will be able to familiarise yourself with the statements of witnesses.

You will receive the case file and it will contain all the evidence the prosecutor is going to use against you in court. The prosecutor will give you copies of the case file.

Case to be heard only in Latvia

If you are being accused of committing a crime in Latvia, your case will be heard by the Latvian court, and you cannot ask for your trial to be heard in your home country.

Sentences

You will not necessarily be informed of the court’s decision immediately. The judge must inform you when the judgement will be announced, but the period cannot be more than 14 days from the end of your trial.

You will be able to receive a copy of the judgment in your native language. Translation will be provided for free.

The court delivers a decision to acquit or convict, or a decision bringing the criminal proceedings to an end if circumstances suggest that the trial should not continue. This can happen if there is not enough evidence to justify the charges, or if the public prosecutor drops the charges.

Possible sentences:

• custodial sentence (3 months to 15 years, and for serious offences, up to 20 years/ lifetime imprisonment)
• community service (40 to 280 hours)
• a fine (3 to 200 times the minimum monthly wage), you can request to make a payment plan
• confiscation of property (the property is seized without compensation and held by the state)
• extradition from Latvia (supplementary punishment: prohibition of entry for 3- 10 years)
• limitation of rights (supplementary punishment: prohibition on undertaking certain types of/ any trade; certain professional/ other types of activities; on taking certain office; on obtaining statutory permissions/ licences; 1 to 5 years)
• probation (1 to 3 years). If resident in Latvia, this involves regular visits to the police station and police can visit where you live to check if you are there

Appeals

You have the right to appeal against the decision of the court. You can appeal against both the verdict and sentence.

Once you have received the court’s decision in writing, you have 10 days to appeal against it. The court may set a longer timeframe for your appeal, but not for more than 20 days.

The appeal must be submitted to the court whose decision you are appealing.

Additional payment to your lawyer for the appeal will depend on your agreement with your lawyer. If you are on legal aid, the appeal proceedings will be supported by legal aid as well.

Deadline for submission of the appeal claim will start from the day when the ruling is served on you in a language you understand.

If you experience health problems/ family related circumstances that might require your release from custody, you can ask for a review of the grounds for imprisonment. The court is not obliged to approve such a request.

The court will inform you of the date when they will begin hearing the appeal claim.

You have the right to introduce new evidence in the appeal claim, explaining why it is necessary to examine it and stating the reasons for not presenting the evidence to the Court of First Instance. You have the right to request that the Court of Appeal examine the evidence if you believe is important to substantiate the appeal claim.

An appeal submitted by the prosecution (not uncommon), or by the victim may lead to a less favourable outcome.

The prosecution may also bring an appeal if you are acquitted.

The time frame for the appeal process is not specified by Latvian law. However, in principle, cases should be reviewed within a “reasonable time”. In practice, hearing of appeal takes place within 3-6 months.

The following parties are invited to participate in the appeal hearing: the prosecutor, all persons who have challenged the court ruling, defence lawyers/ representatives. A team of three professional judges will review your claim.

During the hearing only your claim is reviewed except when the court has doubts about the findings of the Court of First Instance.

In an appeal case the court may take one of five possible decisions:

• the ruling of the Court of First Instance stands; it is revoked and a new ruling is passed
• it is revoked partially and a new one is passed in relation to that part
• it is revoked and the case is closed
• it is revoked entirely/ partially and the case is returned to the Court of First Instance for a new hearing

If your claim is successful and no one else (the prosecutor/ victim) challenges the court’s ruling, the judgement/ decision of the Court of Appeal enters into force.

If your claim is not successful, you have the right to challenge the ruling/ decision of the Court of Appeal at the Supreme Court Senate. A claim has to be submitted within 10 days of the day the ruling of the Court of Appeal. The court can extend the deadline to 20 days.

You are entitled to compensation if you are acquitted, or the case is closed for some legal reason.

If all legal remedies have been exhausted

There are several circumstances in which your case could be reviewed, and you should seek advice from your local lawyer to find out whether or not there are grounds on which your case could be reopened.

A public prosecutor also has the right to renew criminal proceedings in connection with newly disclosed circumstances under certain circumstances.

3.5 Reaching the end of your sentence

Reduction of sentence (remission)

It is not possible to get your sentence reduced after you have been convicted and you have exhausted your appeals. However, it might be possible for you to get early release.

Early release

If you have been sentenced to serve time in prison, you could be released prior to the completion of your sentence, if you can show that you are not at risk of reoffending.

Your eligibility for conditional release depends on the seriousness of the crime you have been convicted of:

• if you were convicted of a less serious offence, you are eligible after serving half of your sentence
• if you were convicted of a serious offence, or if you have previous convictions, after serving two-thirds of your sentence
• if you were convicted of a particularly serious offence, or you were convicted of a criminal offence whilst on conditional release for another crime, after serving three-quarters of the punishment imposed
• if you are serving a life sentence, after serving twenty-five years in prison

The following are amongst the factors that could help you get early release:

• demonstrating that you have been rehabilitated
• compensating the victim voluntarily for the harm caused by your crime
• showing that you are capable of supporting yourself financially after release by lawful means

Committing to receive treatment for substance addiction and/or mental health problems.

Clemency or pardon

Clemency petitions can be submitted to the President of Latvia. In most cases the application can be submitted at any time after the sentence has become final.

If you are serving a prison sentence for a serious crime, your application may only be submitted after you have served half of the sentence. If you have been convicted of a particularly serious crime, the clemency petition may be submitted after serving two-thirds of the sentence. If you have been sentenced to life imprisonment, you can only make your application after 20 years of imprisonment.

Approximately 5% of all clemency requests are granted.

Financial penalties

If you do not pay the fine, it could be replaced with a prison sentence. You could end up facing anything between a few days and five years in prison, depending on the amount you have been fined.

Transfer to another prison within Latvia

It is possible to request a transfer to another prison and this will be considered by the Latvian authorities. In most cases transfers happen for medical reasons, where you are transferred to Olaine prison hospital.

Transfer to a prison in the UK

It is possible to request a transfer to a UK prison, however, the authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer, then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for several years and you have no close family residents there.

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
• 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.

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.

The request have to be submitted via your lawyer to the Ministry of Justice of the Republic of Latvia.

Release and deportation

You cannot be deported instead of serving your sentence.

There is a risk that you will be deported once you have served your sentence. You can only be deported on the basis of a court ruling which usually will have case-by-case approach, and you should seek legal advice on how your conviction might affect your immigration status in Latvia.

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 arrange an appointment with their Resettlement Team when you first arrive back in UK. They can help with for advice, 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 Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• 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 4888

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.

4. Chapter 4: Additional information

4.1 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

4.2 Useful Latvian words and phrases

Key phrases

• I would like to see a doctor / Es vēlos apmeklēt ārstu
• I would like to visit a social worker / Es vēlos satikt sociālo darbinieku
• I would like to contact the consulate / Es vēlos sazināties ar konsulātu
• I would like to contact my lawyer / Es vēlos sazināties ar savu advokātu

A
Advokāts	Lawyer
Aizturēšana	Police custody
Aizturētais	Detained person
Apcietinājums	Remand
Apcietinātais	Person in custody
Apelācija	Appeal
Apelācijas instances tiesa	Court of appeal
Apsūdzības process	Inquisitorial system

C
Cietumnieks	Prisoner
Cietušais	Victim

D
Drošības nauda	Bail

E
Eiropas Cilvēktiesību tiesa	European Court of Human Rights

I
Izmeklēšanas tiesnesis	Investigative Judge
Izmeklēšanas tiesneša lēmums	Arrest Warrant
Īstermiņa vizīte	Short-term visit

K
Konsulārais darbinieks	Consular Officer
Konsulāts	Consulate

L
Latvijas Zvērinātu advokātu kolēģija	The Latvian Bar Association
Lēmums par saukšanu pie kriminālatbildības	Charge, indictment
Liecinieks	Witness

P
Pirmās instances tiesa	Court of first instance
Pirmstiesas apcietinājums	Pre-trial cetention
Prokurors	Public prosecutor

S
Sods	Sentence
Spriedums	Judgement

T
Telefona zvans	Telephone call
Tiesnesis	Judge

V
Valsts nodrošinātā juridiskā palīdzība	Legal Aid
Vēstniecība	Embassy
Vienošanās process	Plea Bargain

Numbers

0	nulle
1	viens
2	divi
3	trīs
4	četri
5	pieci
6	seši
7	septiņi
8	astoņi
9	deviņi
10	desmit
11	vienpadsmit
12	divpadsmit
13	trīspadsmit
14	četrpadsmit
15	piecpadsmit
16	sešpadsmit
17	septiņpadsmit
18	astoņpadsmit
19	deviņpadsmit
20	divdesmit
21	divdesmit viens
22	divdesmit divi
23	divdesmit trīs
30	trīsdesmit
40	četrdesmit
50	piecdesmit
60	sešdesmit
70	septiņdesmit
80	astoņdesmit
90	deviņdesmit
100	simts
300	trīs simti
1000	tūkstots
1,000,000	miljons

Food

Chicken	cālis
Beef	liellopgaļa
Fish	zivs
Ham	šķiņķis
Sausage	desa
Cheese	siers
Eggs	olas
Salad	salāti
Vegetable	dārzeņi
Fruit	augļi
Bread	maize
Toast	grauzdiņš
Noodles	nūdeles
Rice	rīsi
Beans	pupas
Coffee	kafija
Tea	tēja
Juice	sula
Water	ūdens
Salt	sāls
Black pepper	melnie pipari
Butter	sviests

Greetings

Hello (to a woman)	Sveika!
Hello (to a man)	Sveiks!
My name is…	Mani sauc…
Please	Lūdzu
Thank you	Paldies
Yes	Jā
No	Nē
Excuse me	Atvainojiet
I’m sorry	Piedodiet
Goodbye	Uz redzēšanos
I Do you speak English?	Vai Jūs runājat angliski?
Good morning	Labrīt
Good day	Labdien
Good evening	Labvakar
Good night	Arlabunakti

People

Baby	zīdainis
Boy	zēns
Child	bērns
Father	tēvs
Girl	meitene
Husband	vīrs
Mother	māte
Wife	sieva

Emergencies

Doctor	ārsts
Dentist	zobārsts
Pain	sāpes

Months

January	janvāris
February	februāris
March	marts
April	aprīlis
May	maijs
June	jūnijs
July	jūlijs
August	augusts
September	septembris
October	oktobris
November	novembris
December	decembris

Days

Monday	pirmdiena
Tuesday	otrdiena
Wednesday	trešdiena
Thursday	ceturtdiena
Friday	piektdiena
Saturday	sestdiena
Sunday	svētdiena
Today	šodien
Tomorrow	rītdien
Tonight	šovakar

Seasons

Spring	pavasaris
Summer	vasara
Autumn	rudens
Winter	ziema

Grammar

I	es
You (friendly)	tu
He	viņš
She	viņa
It	tas (masculine) / tā (feminine)
We	mēs
You (polite)	jūs
They	viņi (masculine) / viņas (feminine)
Your	tavs (masculine) / tava (feminine)
My	mans
His	viņa
Her	viņas
Our	mūsu
Your (plural)	tavi (masculine) / tavas (feminine)

Useful verbs

To be	būt
To work	strādāt
To send	sūtīt
To borrow	aizņemties
To clean	tīrīt
To close	aizvērt
To clean	tīrīt
To come	nākt
To drink	dzert
To give	dot
To go	iet
To have	piederēt
To give	dot
To receive	saņemt
To be released	atbrīvot
To visit	apmeklēt
To shower	mazgāties dušā
To sleep	gulēt
To smoke	smēķēt
To stop	apstāties
To use	lietot
To wake up	pamosties
To walk	iet
To want	gribēt

General

Bed	gulta
Blankett	sega
Book	grāmata
Cell	kamera
Chocolate	šokolāde
Cigarettes	cigaretes
Clothes	apģērbs
Coffee	kafija
Cold	auksts
Cup	krūze
Cutlery	ēdamrīki
Debt	parāds
Door	durvis
Ear	auss
Envelope	aploksne
Eyes	acis
Fork	dakša
Hair	mati
Haircut	matu griezums
Head	galva
Hot	karsts
Inside	iekšā
Knife	nazis
Later	vēlāk
Magazines	žurnāli
Mattress	matracis
Money	nauda
Mouth	mute
New	jauns
Nose	deguns
Old	vecs
Open	atvērt
Outside	ārpuse, ārā
Paper	papīrs
Pen	pildspalva
Pillow	spilvens
Plate	šķīvis
Pullover	džemperis
Rain	lietus
Shampoo	šampūns
Shirt	krekls
Shoe	kurpe
Shower gel	dušas želeja
Socks	zeķes
Spoon	karote
Stamps	pastmarka
Sun	saule
Tea	tēja
Toiletries	mazgāšanās piederumi
Trousers	bikses
Weather	laikapstākļi

4.3 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