Guidance

Information pack for British nationals arrested or detained in Madagascar

Updated 5 December 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. 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 Madagascar 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. 

The British Embassy Antananarivo, 9th Floor, Tour Zital Ankorondrano

Antananarivo 101 Madagascar,

Phone +261 20 22 330 53

Email: British.EmbassyAntananarivo@fcdo.gov.uk

https://www.gov.uk/world/organisations/british-embassy-antananarivo

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 Madagascar, notification by the authorities to the consulate normally takes place at least within 24 hours after arrest.  

We can also:

• provide a list of local English-speaking lawyers and interpreters
• 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

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 Madagascar.

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.

Chapter 2: Detention conditions in Madagascar

Visits: friends and family

Who can visit and how to arrange visits

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

Visiting days are Thursdays and Sundays from 8a.m Madagascar time and it is the same in all prisons in Madagascar. There are two different types of permissions available for prisoners to receive visitors: If you are not yet sentenced you will need a permission to visit from the court. If you are sentenced you will need a permission from the Prison Governor.

If your family is coming from the UK and want to visit you, they need to request official permission from the senior prosecutor in every region prior to their arrival if they want an in-person visit. We will therefore advise them to contact the British Embassy in Antananarivo in advance before travelling so that we can inform the prison governor and work on the visiting programme. We will provide information on visiting procedures and details of what visitors can bring. Your family will be allowed to visit once or twice a week regardless of whether they live in-country or internationally but this may depend on internal prison regulations. Your family or relatives should provide a proof of their identity upon entry to the prison.

The number of visitors may depend on the prison Director but in general, two people are allowed for the same visit. Visitors should avoid bringing precious personal belongings into the prison.

Consular officers will accompany your family during their first visit to the prison; the subsequent visits by your family will be unaccompanied. When family members come from the UK for visits, consular staff usually try to arrange extra visit days considering the distance families have to travel to see you. Again, bringing a proof of identity is compulsory in order to be given access to visit. The extra days are given by the prison governor and the decision is discretionary. Private lawyers generally can also assist with these arrangements.

What to expect when you visit

There is a public meeting room for visits and it is behind glass. Sometimes, when the Consular Officer accompany your family to the visit and in this case, we ask a special appointment and a private place to meet you. In this case, visitors will be asked to show what they have with them. Visits can last between ten minutes to one hour. Visits will not be cancelled except in exceptional cases: if the prisoner has to attend court,or there is an on-going investigation or for health reason. Visitors should bring ID.. A guard will be present for surveillance. For consular visits, we can ask to be left alone in the room for privacy.

What you can take on your visit

If visitors want to bring gifts, toiletries, clothes as well as books or games are allowed. They can also bring food within plastic containers .Money is permitted to be brought into the prison but if more than 15,000 Ariary/ £3 should be given to the Prison’s Director for him to keep. Medicines are stocked in the infirmary. Visitors should check with the prison before bringing anything else such us medicines. Family or friends can bring baskets for prisoners and leave them outside the prison for prison guards to collect and pass onto prisoners. The baskets are checked before distributed among the prisoners.

Visits: consular staff

Consular staff will visit you when you are first arrested and we will aim to visit you again at least twice a year after you have been sentenced. During our visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise. If there is any information that you would prefer not to be disclosed to your family, if you have given us permission to speak to them, then you should let us know during the visit. We will also visit you if we think there are justifiable concerns for your welfare, e.g. that you are suffering any form of mistreatment.

If you would like to contact us, you could ask the Prison Director to facilitate the contact by call.

We will let the Prison Director know in advance of our visit and they will inform you. A scheduled visit is possible for multiple prisoners. And a phone call is possible too.

You can write to us at any time on matters of concern: The British Embassy, Antananarivo Madagascar, Ninth Floor Tour Zital, Ravoinahitriniarivo Street, Ankorondrano, Antananarivo 101 Madagascar – if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

You are not allowed to make a trip outside of prison if an urgent situation arises eg. funerals and critical illness of a prisoner’s next-of-kin. However, you can discuss this with your lawyer, the Prison Director and the Consular Officer.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When you are arrested, you will be brought to the nearest police station. The police must inform you of why you have been arrested. It is possible that you will spend more than one night in a cell at a police station. The time until you will be brought to court varies widely. The police will take a statement from you and ask you to sign the statement. English is not a common language in Madagascar. The statement will be normally written in Malagasy and French. You should NOT sign anything you do not fully understand. You should seriously consider appointing a lawyer. Please be aware that you will have to bear all your legal costs.

You will be held after arrest in police cells with access to food and water if not released. There might not be a bed in some detention cells. The detention cell is not the same as prison cell. You can ask to see a doctor. You are allowed to make a phone call using your own phone or the Officer’s (in the last case, you may not be able to do international calls as it is expensive).

Any belongings that are not part of the investigation, process, or evidence will be kept at the police station or sent to the prison if you are transferred. It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf. The only property we can store are your passport and driver’s licence. However, these are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail.

Appearing at court

You will be required to speak at court. A free legal adviser/lawyer should be provided by the court if you do not have one. The court-appointed lawyers are required to speak English. If not, you have the right to be assisted by an interpreter (by the court or you can choose one from the list provided by the Embassy and at your own charge).

Read more information about the Madagascar judicial system in Chapter 3.

Initial arrival at the prison

Overcrowding is a problem so you cannot expect a single cell as a matter of course. Sometimes a mattress might not be available. If that is the case, your family can bring a mattress for you, or you can make the request and ask the prison wardens that you wish to buy one. You should also be aware that the conditions of toilets and showers are extremely poor in Malagasy prisons. Basic toiletries, standard clothing and any other items can be purchased directly from the prison by asking the prison warden to buy for you.

When you arrive in prison: you will be first placed in a holding cell, searched and routinely documented. They will take your precious valuables (jewelleries, money if you have any and others).

You will have the right to make a telephone call upon arrival at the prison. Most of the time it is not for free. If you can make a phone call. Calls are limited to domestic numbers within the country because it is expensive. We would advise you to contact the British consulate for assistance if you have no one else to call).

You can be consulted by a doctor and/or a social worker upon arrival. However, this is dependent on whether the Prison Governor finds it necessary. You can also ask to be consulted by the prison doctor if needed. You should also inform the prison and medical team about medication that you need/take. You will be able to keep and use your own clothing.

Prison: conditions and daily life

Conditions in Malagasy prisons are harsh and life-threatening. Severe overcrowding in cells, due to weaknesses in the judicial system and inadequate prison infrastructure and hygiene, is a problem. Cells built for one often house up to eight prisoners. Ventilation, lighting, and temperature control in facilities are either inadequate or non-existent. Mostly there are no beds and sleeping on the floor is common, no sheets or blankets will be provided. Some prisons do not have access to safe water and sanitation facilities. Lengthy pre-trial detention is usual. Prison conditions for male and female prisoners are essentially the same. Juveniles are not always held separately from the adult prison population, and some preschool-age children share cells with their incarcerated mothers. Authorities seldom hold pre-trial detainees separately from the general prison population.

While general prison conditions are harsh in Madagascar, please note that the British Embassy cannot help you be treated more favourably than other prisoners.

Accommodation

Sentenced prisoners and those on remand are not held separately.

Types of cells available: shared cells and single cells but all already overcrowded.

 Sleeping accommodation: Some cells have bunk beds and mattress. Some only mattresses on the floor. Detainees should have their own blankets and bedding. We can help buy the necessary materials for you at your charge.

Food and diet

Food is provided once a day only by the prison authority and commonly consist of cassava or rice which results in chronic malnutrition. It is common for families to send food every day to prisoners by giving it to the guards who will pass to the prisoners. It also depends on the Prison governor and NGOs who sometimes provide more food as well.

Your family can bring you food at any time. But they should always list it in a notepad with your name to avoid confusion, i.e, each prisoner should have his own notepad to write the list of food provided to him.

If you are on a special diet for health reasons, make sure to inform the Prison Governor and he will do the necessary. You can supplement your diet by buying food from the prison shop if available.  

The prison uses tap water for the prisoners to drink and cooking and it is not in good quality.

Hygiene

There is a limit on how many times a week prisoners can shower/bathe Shower/bathing facilities are communal and is in bad conditions. Prisoners can buy toiletries at the prison shop if there is one. If not, visitors can bring it to them during visits or the Consular team can help buy products on their behalf outside the prison.

Work and study

Learning and development opportunities may vary from prison to prison. In most prisons, activities for prisoners do not exist. In some prisons, prisoners may be given work to keep them busy such as cleaning, masonry, gardening, fetching water and collecting wood. In some prisons, basic skills, life skills, literacy sessions, educational exchanges and also professional training like masonry, embroidery are offered. Prisoners can get in touch directly with prison officials to see if this is available

Contact and languages

Contact with other inmates is not generally punished/restricted. But it depends on the circumstance.

It cannot be guaranteed that prisoners are put in a cell with other English-speaking inmates. Guards do not speak English.

Detainees do not have access to phones and mobile phones are prohibited. Prisoners should ask the guards if they need to make a call. However, prisoners have access to writing materials. There is no internet access.

The prison does not have a library. Prisoners can order books, magazines, and newspapers from outside. There is no television available. There are cultural and social activities on offer at the prison. Taking part in these activities are seen positively by the prison authorities (and reflected accordingly on the prisoner’s prison record) There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

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

Exercise

Prisoners are not permitted to go outdoors a certain number of hours a day. Most of the prisons do not have exercise facilities. There is often a big yard that where prisoners can use for exercise. There is no regular exercise organised by the prison authorities.

Climate

Climate is different from the UK. Fresh in winter and warmer in summer. No clothing is provided for the weather except from NGOs as donations.

Religion

Prisoners are entitled to take part in religious services of their choice. They have the right to receive visits from a priest, rabbi or minister of their faith. A weekly visit is possible.

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners. There is no reward system with the possibility to earn privileges for good behaviour.

If you are caught with any kind of illegal drugs (marijuana, cocaine, etc) you will be punished accordingly. Solitary confinement is one type of punishment for drug use.

If there are safety issues, you should raise it with local lawyers/embassy.

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.

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 the Prisoners Abroad Fund – the Vitamin Fund.

Medical and dental treatment

While you are in detention, Madagascar is responsible for ensuring your basic medical needs are met. In general, access to basic medical care is available. However, in some prisons, it might be limited. If you are severely unwell you will be admitted to a hospital outside of prison. If you are in need of a doctor or dentist, you need to ask the prison authorities. With your permission, consular staff 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.

Letters and parcels

Sending and receiving mail is another opportunity offered to prisoners and their families. Prison officers do censor mail in accordance with safety regulations. There is usually no limit to the number of letters you may send or receive. All incoming and outgoing letters, including any to the Embassy or a lawyer, will be checked before being despatched. In some areas, some staff speak English but this is rare. If you are told you are not allowed to receive letters in English, you should notify a Consular Officer and we will communicate with the Director of the prison.

Telephone calls

While in custody, you will normally have no direct access to phones. Mobile phones are prohibited inside the prison compound and no inward calls can be made to prisoners. For non-resident prisoners, the prison authorities should recognise the difficulties faced by relatives overseas making personal visits and may therefore offer telephone privileges.

You can ask to make a phone call using the prison staff’s phone. International phone calls may not be possible as it is expensive. The prison staff may ask you to pay the cost.

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.

Chapter 3: The Madagascar judicial system

Overview

The Malagasy judicial system is based on the Roman law, whereas the British system is based on common law.

The Malagasy Penal Code is based primarily on the French penal code and procedures and has also been influenced by Malagasy customary law. The Malagasy Penal Code affords the accused most of the rights and protections granted under French and Western laws. The most severe punishments are death and forced labour for life.

Madagascar has the following levels of courts: the Supreme Court, the Appeal Courts, the Tribunals and the High Court of Justice who have the judicial power according to the terms of the Constitution and the law. Lower courts are responsible for civil and criminal cases carrying limited fines and sentences. The Court of Appeals includes a criminal court for cases carrying sentences of five years or more. The Supreme Court functions as the highest court in the country. Also, there is a separate and autonomous Constitutional High Court that reviews laws, decrees, and ordinances and monitors elections and certifies their results.

Madagascar has a nationwide prison system. Each province has a central prison for inmates serving sentences of less than five years. There also are at least twenty-five lesser prisons for individuals serving terms of less than two years and for prisoners awaiting trial. Courts at the local level maintain jails for lesser offenders serving sentences of up to six months.

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.

First steps

What should happen after you are arrested

When you are arrested, you will be brought to the nearest police station. The police have to inform you of why you have been arrested. It is possible that you will spend more than one night in a cell at a police station. The time until you will be brought to court varies widely. The police will take a statement from you and ask you to sign the statement. English is not a common language in Madagascar. The statement will be normally written in French. You should NOT sign anything you do not fully understand. You should seriously consider appointing a lawyer. Please be aware that you will have to bear all your legal costs.

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

How long you can be remanded in custody

This time period can vary greatly. You may be released on bail (depending on the offence) or sent to prison until trial.

Prisoners on remand and sentenced prisoners: differences

There is no difference between sentenced prisoners and prisoners on remand. They are kept in the same prison and have the same rights.

After you are charged

The courts will inform you, your lawyer and the prison authorities of your charges. Your lawyer will put forward requests for benefits such as bail, etc.

If you are charged in a language you do not understand, you can request to have it translated.

Bail

Your lawyer must apply to the magistrate who will decide on the case. Bail is normally refused if you are standing trial for drug related offences or homicide, where the law carries penalties of mandatory prison sentences. Bail is only agreed during the period of custody before the trial. Once the judgement is rendered, a bail application can no longer be lodged. Your lawyer will be able to advise you on this. Same system is used for foreign detainees, i.e, they can receive bail as well and considered a flight risk. So, authorities will keep their passports if necessary and will provide relevant official documents in place for them to circulate.

The FCDO cannot transfer bail funds.

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.

Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on.

The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

The authorities are required to provide counsel for all detainees held on criminal charges who cannot afford their own lawyer; however, in practice, many citizens are not aware of this right, nor made aware of it by authorities.

The constitution and law in Madagascar provide defendants with the right to a full defence at every stage of the proceedings, and trials are public. Defendants have the right to be present at their trials, to be informed of the charges against them, to call and confront witnesses, and to present evidence. Defendants have the right to appeal convictions. You may be held in a police cell for a time for the purpose of the enquiry. This time period may vary greatly. You may be remanded for a period of time which again can vary, after which you may be released on bail (depending of the offence) or sent to prison until trial. The cost of bail varies depending on the seriousness of the offence.

When there is enough evidence to open a prosecution, the investigation stage is closed, and the case deferred to the Director of Public Prosecutions (DPP). If the DPP finds there is enough evidence, the case is sent for trial. The time spent in custody prior to trial is not counted when the sentence is pronounced.

The fees a defence lawyer would ask to depend on the case itself and it is not possible to give you an estimate. You should ask your lawyer directly at the beginning of your case for a fee estimation. The British Embassy will not pay any legal fees on your behalf.

Trial

On your trial day you will be taken to the court office where your case is being handled. There is no jury system in Madagascar. Trials are heard by a judge or judges. If you don’t speak English you should hire a translator/interpreter to assist you during the trial. A list of translators/interpreters will be given to you by the Consular officer.

Sentences

Sentences vary greatly in Madagascar and will depend on the seriousness of the crime. Your lawyer will be best placed to advise on length of sentences and on appeals’ processes. Upon receiving sentence, one can expect to be brought to prison immediately after termination of their court case. The Penal Code recognizes three types of offence:

• contravention de police (Police offence) – offence punishable by imprisonment for 1 to 29 days
• délit correctionnel (Correctional offence) – offence punishable by imprisonment for one month to 10 years
• other crime – offence punishable by hard labour for a specific term or for life, by deportation

Appeals

You have the right to appeal against your sentence in the Higher Courts through your lawyer or defence lawyer. It is usual for the defence lawyer 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. You should seek advice from your lawyer.

Reaching the end of your sentence

Reduction of sentence (remission)

Prisoners may apply to be released through their lawyers before having served the entire sentence, however, only after he/she has served two thirds of his/her sentence. The application is made to the prison authorities who, if they deem early release justifiable due to good behaviour, then they put up a proposal for the early release to the Court for approval.

Early release

It is possible to apply for conditional release (this is the equivalent of parole in the United Kingdom). The requirements to apply for parole are defined by law and you can find out more information from your lawyer. Parole is not granted automatically; it is your right to apply for it if you have served the necessary time and it is the judge’s choice whether to grant you this benefit.

Clemency or pardon

In Madagascar, pardon/clemency can only be given by the President on the proposal of his/her delegates such as Ministers, the State Prosecutor, etc. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record. A prisoner could be eligible for clemency/pardon for some reasons and they discuss this with their lawyer.

Financial penalties

When sentenced you may also be given a fine in addition to the time you are expected to serve in prison. Your lawyer can advise you further on this.

Transfer to another prison within Madagascar

In Madagascar there are no specific prisons for foreigners. If you have been tried and convicted, you will be sent to a prison where you can expect to serve your sentence. Transfers to prisons in other parts in Madagascar are only permitted when there are exceptional and compassionate reasons for doing so but this depends on your situation. For example, if you are far away from your family and nobody can visit you, the family then ask for the transfer themselves and it will be at their charge. The second possibility is when the Court has decided to move you to another prison for administrative/sentence reasons.

Transfer to a prison in the UK

There is no agreement between the governments of the UK and Madagascar to allow British Citizen prisoners in Madagascar to serve their sentence or part of their sentence in the UK.

Release and deportation

When a British prisoner finishes serving their sentence in Madagascar, he/she is released from prison and is free to go wherever he/she wants. However, if the Malagasy Ministry of the Interior issues an expulsion order, the ex-prisoner must leave Madagascar within a set period.

If the prisoner does not have access to their passport they will need to get in contact with the British embassy/consular staff who can help arrange temporary travel documents.

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. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply 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 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.

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

English	French	Malagasy
Access to file (by Lawyer)	Accès au dossier (par avocat)	Ny fidirana amin’ny atontan-taratasy (ataon’ny Mpisolovava)
Adjudication	arbitrage	Adjudication
Administration of justice	Administration de la justice	Fitantanana ny rariny
Appeal	appel	antso
Appeal for error	Appel à l’erreur	Antso nohon’ny fahadisoana
Appeal or complaint	Appel ou une plainte	Fiantsoana na fitarainana
Application	demande	fangatahana
Army	armée	Foloanlidahy
Charge	charge	Mampianiana
Chief Prosecutor	Procureur général	Procureur général
Chief Public Prosecutor	Procureur général	Procureur général
Civil party in criminal trial	Partie civile au procès pénal	antoko sivily eo amin’ny fitsarana heloka bevava
Code of criminal procedure	Code de procédure pénale	Lalàna mifehy ny fitsarana heloka bevava
Complaints system	Système de traitement des plaintes	Rafitry ny fikarakarana ny fitarainana
Completed file	dossier complet	Antontan-taratasy feno
Compulsory prosecution	la poursuite d’office	fanenjehana avy hatrany
Conjugal Visit	visite conjugale	fitsidihan’ny vady
Court file reference	Référence de dossier de la Cour	Nomeraon’ny antontantaratasy ao amin’ny fitsarana
Criminal code	Code criminel	fehezan-dalàna famaizana
Criminal Court	Cour pénale	Fitsarana Heloka Bevava
Criminal prosecution by victim	Les poursuites pénales par la victime	fanenjehana ataon’ny niharam-boina
Custody hearing	garde audience	trano fanadihadiana
Custody order	Ordonnance de garde	Didy fitazomana
Danger of interfering with the course of justice	Danger d’interférer avec le cours de la justice	Loza ateraky ny fitsabahana amin’ny asan’ny fitsarana
Danger of repeated criminal offences	Danger d’infractions pénales répétées	Loza ateraky ny famerimberenana heloka bevava
Deportation order	Mesure d’expulsion	fandroahana
Duty of obedience	Devoir d’obéissance	adidy fankatoavana
Evaluation of evidence	Evaluation de preuve	Fanombanana ny porofo
Expert Witness	Témoin expert	manam-pahaizana momba ny fijoroana vavolombelona
Extradition	extradition	famindran-toerana
Final public trial	Procès public final	fitsarana imasombahoaka
Greater Criminal Court	Grand Cour pénale	Fitsarana Heloka Bevava
Guilty	Coupable	Meloka
High Court	Cour Suprême	Fitsarana Avo
Highest Chamber of greater Criminal Court	Chambre suprême d’une plus grande Cour pénale	Antenimieran’ny Fitsarana Avo momban’ny Heloka Bevava
Imprisonment after conviction	Emprisonnement après condamnation	Fampidirana am-ponja aorian’ny fanamelohana
Insubordination to officer	Insubordination à l’agent	Tsy fanekena ny olona ambony
Interpreter Interprète Mpandika teny
Investigating Judge	Juge d’instruction	Mpitsara mpanadihady
Judge	Juge	Mpitsara
Judgement	Jugement	Didim-pitsarana
Jurisdiction	Juridiction	Fahefana
Juvenile prison rules	Règles de la prison pour mineurs	Fitsipiky momba ny fampidirana am-ponja zaza tsy ampy taona
Law exam	examen de la loi	fandinihana lalàna
Lawyer	Avocat	Mpisolo Vava
Legal Aid Lawyer	Assistant juridique de l’Avocat	Mpanampy mpisolovava
Legal Clerk or candidate for law examination	Greffier juridique ou candidat juriste	Mpiraki-draharaha na mpihofana ho mpahay lalàna
Legal remedy	Recours juridique	Fangatahampiarovana araka ny lalàna
Local Bar Association	Association du Barreau local	Fikambanan’ny Mpisolovava eto antoerana
Local State Court	Tribunal local	Fitsarana eto antoerana
Major offence	Principale infraction	heloka fototra
Master of the pre-trial	Maître de la pré-procès	Tompon’andraikitra mialohan’ny fitsarana
Minimal (culpability)	Minimal (culpabilité)	Kely indrindra (meloka)
Minister of Justice	Ministre de la Justice	Minisitry ny Fitsarana
Minor offence	Infraction mineure	heloka madinika
Money earned in prison	L’argent gagné en prison	Ny vola azo tao antranomaizina
Notary	Notaire	Notaire
Officer of the Court	Officier de la Cour	Manamboninahitra ao amin’ny Fitsarana
Opposition	Opposition	Fanoherana
Penal order	Ordonnance pénale	didy
Penal proceeding	Procédure pénal	Fizotry ny famaizana
Permit, entitlement	Permis, habilitation	Fahazoan-dalana, fanomezan-jo
Plaintiff	Demandeur	Mpitory
Private prosecution	Poursuite privée	fanenjehan manokana
Power of Attorney	Procuration	Fanomezam-pahefana
Police
Police assisting Prosecutor	Police aidant le Procureur	Polisy mpanampy ny Procureur
Police Chief Inspector	Inspecteur chef de la police	Inspektera lehiben’ny polisy
Police Commissariat	Commissariat de police	Tobin’ny polisy
Police field office	bureau local de la police	biraon’ny polisy eo antoerana
Police Inspector	Inspecteur de police	Inspekteran’ny polisy
Police Officer	officier De Police	mpitandro ny filaminana
Riot squad	Riot squad	Riot squad
Small Police Station	Petite station de police	tobin’ny polisy
Prison
Application forms (prison)	Les formulaires de demande (de la prison)	Taratasy fangatahana fenoina (am-ponja)
Board of prison governors	Conseil des gouverneurs de la prison	Lehibehin’ny mpanolon-tsainan’ny governora eny amponja
Local prison rules	Règles pénitentiaires locales	fitsipiky ny fonja eo antoerana
Personal money in prison	Argent personnel en prison	vola manokana any am-ponja
Physical examination	Examination physique	Fizahana ara-batana
Preliminary detention	Détention provisoire	fitazonana vonjimaika
Presiding Judge	Juge présidant	Mpitsara Mpiahy
Presumption of innocence	Présomption d’innocence	Fisalasalana amin’ny tsy mahameloka
Preventive detention	La détention préventive	fitazonana mba ho fitandremana
Prison administration	L’administration pénitentiaire	Fitantanan-draharaha am-ponja
Prison Assessment Unit	Unité d’évaluation prison	sampana mpanadihady any amponja
Prison court	prison du tribunal	Fitsarana am-ponja
Prison Director	Directeur de la prison	Talen’ny fonja
Prison house rules	règles de la maison de prison	fitsipiky ny fonja
Prison newspaper	journal de prison	Gazetin’ny fonja
Prison rule book	livre des règles de la prison	boky mirakitra ny fitsipiky ny fonja
Prison rules regarding supervised visit	Les règles pénitentiaires concernant visite supervisée	fitsipika momba ny fitsidihana arahi-maso
Prison Warder	Gardien de prison	Mpanaramaso ny fonja
Prisoners	Prisonniers	Voafonja
Procedural complaint against official
manam-pahefana	Procédure de plainte contre officier	Ny fomba fanatanterahana fitarainana momba ny manamboninahitra
Proof of evidence	preuve	porofo
Proportionality	Proportionnalité	fifandanjana
Prosecutor	Procureur	Ny mpampanoa lalàna
Public Prosecutor’s Office Bureau du Procureur Biraon’ny mpampanoa lalàna
Punishment cell	cellule de punition	toerana fanasaziana
Registered (in State)	Enregistré (dans l’État)	Voasoratra arapanjakana (tany)
Rehabilitation	Réhabilitation	Fanarenana
Release	Libération	Fanafahana
Release order	ordre de libération	didy fanafahana
Remand rules	règles de détention provisoire	Fitsipiky ny fihazonana vonjimaika
Representative of the Local Authority	Représentant de l’autorité locale	solontenam-panjakana eo an-toerana
Restriction on prosecution of minor offences	Restriction à la poursuite des infractions mineures	Sakantsakana eo amin’ny fanenjehana ny fahadisoana madinika
Single Judge	Juge unique	Mpitsara tokana
Single Judge Court	tribunal avec un seul juge	Fitsarana misy mpitsara tokana
Social Worker	Travailleur Social	Mpiasa ara-tsosialy
Special Lay Judges Court	Tribunal spécial de juges non professionnels
State officials including prison warders	agents de l’État, y compris les gardiens de prison	olom-panjakana anisan’izany ireo mpanaramaso ny fonja
Sufficient suspicion	Suspicion suffisante	Fahampian’ny fiahiahiana
Suspended sentence	Condamnation avec sursis	Sazy mihantona
Temporary detention	Détention provisoire	Fitazomana am-ponja vonjimaika
The accused	L’accusé	Ny voampanga
To change money	changer de l’argent	Hanakalo vola
To deport	expulser	mandroaka
To file an application	déposer une demande	hametraka fangatahana
Transfer to another prison	Transférer dans une autre prison	Hamindra ho any amin’ny fonja hafa
Valid or legal	Valide ou légale	manaraka ny lalàna manan-kery
Visiting permit	Permis de visite	fahazoan-dalana hitsidika
Warder	Gardien de prison	Mpanaramaso ny fonja

Key phrases: English into Malagasy

General

Hello	bonjour	Miarahaba
Goodbye	au revoir	veloma
Please	s’il vous plaît	Azafady
Thank you	merci	misaotra
Today	aujourd’hui	androany
Tomorrow	demain	rahampitso
Yesterday	hier	omaly
Next week	La semaine prochaine	amin’ny herinandro manaraka
I understand	je comprends	azoko
I do not understand	je ne comprends pas	tsy azoko
What is this?	qu’est-ce que c’est?	inona ity?
What should I do?	que devrais-je faire?	inona no tokony hataoko?
Can you help me?	pouvez-vous m’aider?	afaka manampy ahy ve ianao?
Thank you for your help	merci de votre aide	misaotra anao nanampy
Time to take a walk	l’heure de la promenade	fotoana fitsangatsanganana
I would like to make a request for legal aid	J’aimerais faire une demande d’assistance judiciaire	Te hanao fangataka fanampiana aradalàna aho
How do I book a family visit?	Comment dois-je faire pour réserver un parloir?	Ahoana no ataoko mba hamandrihana efitrano famangiana?
I would like to book a family visit	Je voudrais réserver une visite familiale	Izaho dia hamandrika efitra fitsidihan’ny fianakaviana
A visit permit	un permis de visite	fahazoan-dalana hitsidika
Prison cell	la cellule efitra	figadrana
How much does it cost to send a letter to the UK?	Combien coûte un timbre pour le Royaume-Uni?	Ohatrinona ny hajia ho an’ny UK?
Writing paper	lettre	taratasy fanoratana
Pen	le stylo à bille	Penina
I would like to buy a stamp	J’aimerais acheter un timbre	Te hividy ny hajia aho
Have I received any letters?	Y a-t-il des lettres pour moi?	misy taratasy ho ahy ve?
Have my letters been sent?	Est-ce que mes lettres ont été expédiées?	Moa ve lasa ny taratasiko?
I would like to write to my family	J’aimerais écrire à ma famille	Te hanoratra ho an’ny fianakaviako aho
I am not feeling well	Je ne me sens pas bien	Tsy salama aho
I would like to see a doctor	Je voudrais consulter un medecin	Mila mijery dokotera aho
I need my medicines	J’ai besoin de mes medicaments	Mila ny fanafodiko aho

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