Information pack for British nationals arrested or detained in Lithuania
Updated 25 March 2025
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 Lithuania 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 in Lithuania is located in Vilnius at the following address:
Antakalnio g. 2
LT - 10308
Vilnius.
+370 52462900.
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 Lithuania, notification by the authorities to the consulate normally takes place several days 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
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 Lithuania.
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 Lithuania
Visits: friends and family
Who can visit and how to arrange visits
You should consult FCDO travel advice before you travel to Lithuania for the latest information on safety and security, entry requirements and travel warnings.
An imprisoned person, as well as an arrested person, is entitled to a supervised short-term visit by family and friends once a month. Children visiting a prisoner should be at least 16 years old. A maximum number of 3 visitors is allowed per visit. The visit shall take place on the basis of a written and signed application and a visit can last up to 2 hours. A visitor may register for a visit by electronic mail or by post. You should bring your ID document when visiting.
Prisoners are also granted long-term (up to 2 days) meetings with the right for the visitor to stay over with the prisoner once every 3 months. Long-term visits can be granted only to a spouse, a cohabitant, a close relative, or a person who is a parent of the arrestee’s child.
We advise the family to contact us well in advance so that we can assist in informing prison staff and facilitating the visit. We will provide information on visiting procedures and details of what visitors can bring, should your family members decide to come to Lithuania. You should not bring cash or alcohol.
What to expect when you visit
Short term visits will take place behind glass. Long-term visits will take place in a prison’s specialised accommodation. All visitors are searched. Short-term visits last up to 2 hours. Long-term visits last up to two days. Visits usually take place as planned, however, you should arrive 15 minutes in advance to the appointed time to allow for the required checks.
You will need your ID document when visiting. There are no vending machines in Lithuanian prisons, however, there is a prison shop which accepts card payments. No cash is allowed in prison. The guard will be outside the door and will not be listening during a visit.
What you can take on your visit
The list of permitted items are established by the internal rules of the prison or house of detention. Families should contact us in advance of their visit so that we can provide them with an updated list. Typically the list includes the following: hygiene items, slippers, sleeping clothes, medication along with a prescription by a doctor, bank card.
Visits: consular staff
Persons in custody who are citizens of foreign states have the unrestricted right to receive visits from consular officers of their countries of nationality. A person in custody has the unrestricted right to receive visits from his/her criminal defence counsel, representative who is an advocate, and a consular officer of his or her country of nationality.
Unless you ask us not to, the British Embassy aims to visit British prisoners within two working days of receiving a visiting permit. We will apply for a visit permit as soon as we hear of your detention. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a “visit report form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.
You can write to us at any time on matters of concern:
British Embassy Vilnius
Antakalnio g. 2
Vilnius
LT-10308
Lithuania
If it is urgent it may be quicker to ask prison authorities to contact us on your behalf.
We aim to visit you once before trial and once after you have been sentenced.
Emergency trips outside of prison
It is possible to make a trip outside of prison if an urgent situation arises, however, it depends on a prisoner’s disciplinary group and the rules of correctional institution.
Police custody and initial arrival at prison
Arriving at the police station: your basic rights
Lithuanian law provides for 2 methods by which individuals may be taken into police custody:
- temporary detention
- pre-trial detention.
The law provides for the right to a lawyer from the moment an individual is identified as a suspect. A detainee will be informed why they have been arrested. An interpreter will be provided to translate into English. The services of a state appointed lawyer and an interpreter are free. If an interpreter is not provided, a detainee can insist on it. A detainee can insist on seeing legal representation before answering questions or making a statement.
Temporary detention may be imposed if:
- police catch a person committing a crime
- police catch a person immediately after the person has committed a crime and police believe the person may flee the area or the police cannot determine the person’s identity
- the situation would permit pre-trial detention
Police may hold a person in temporary detention for no longer than 48 hours, at the end of which the person must be taken before a judge if the person has not been released.
During the period of temporary detention, the police officer must prepare a case report with the person’s personal data and detention status, grounds for detention, and detention conditions and circumstances. The police officer and the detained person have to sign the report.
Pre-trial detention may be imposed only when police must hold a person for more than 48 hours and only when the alleged crime would carry a prison sentence longer than one year. A court must approve any pre-trial detention.
The police must reasonably believe the person will pose a flight risk, obstruct the investigation, or commit new serious crimes. Police may hold a person in pre-trial detention for no more than three months, but a court may approve an extension for a maximum of 9 months (or up to 18 months in case of serious and grave crimes).
During the pre-trial investigation phase, authorities will gather evidence against a person and determine whether to bring criminal charges. Authorities may question the accused person during this process, but the person has the right to remain silent.
Immediately after arrest a detained person will be kept in a detention centre. Detention houses are custodial institutions which are under the supervision of the Police and which organise the imposition of custody pending trial and detention.
Detainees will have access to food and water and a bed. They can ask to see a doctor. Personal belongings will be taken from detainees.
A detainee can make one phone call which is not limited to domestic numbers.
Appearing at court
During the trial the court will examine the collected evidence and will hold a hearing. During the hearing the participants will be invited to make their statements. At the end of the trial the court will announce its final decision. Depending on the collected evidence the offender will be convicted and punished or declared not guilty and released.
The trial will be conducted in Lithuanian. If you do not speak Lithuanian you can use your mother tongue or any other language you understand. The court will provide you with an interpreter free of charge to assist you when you attend court hearings. All documents you receive from the court during the trial must also be translated in a language you understand.
You will also have a court-appointed lawyer who is not required to speak English, however, if the lawyer does not speak English, the state should provide an interpreter.
Read more information about the Lithuanian judicial system
Initial arrival at the prison
Prisoners are searched and routinely documented on arrival. The prison service shall deposit the personal effects which a prisoner has with him or her and his or her identity documents upon reception at a prison. Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions.
A person who is received into a prison for serving a sentence shall be photographed and fingerprinted and his or her DNA sample is collected for the purposes of identification of the person.
The prisoner has the right to make a telephone call upon arrival at the prison only after they purchase a telephone card from a prison shop. The calls are not limited to domestic numbers within the country.
Imprisonment is divided into three phases: reception, main and release phase. The purpose of the reception phase is to help the detainee to integrate into prison life and to compile a resocialisation program. In the main phase, the resocialisation program will be implemented. The goal of the release phase is to prepare the detainee for life after being released from prison.
Prison: conditions and daily life
Prison conditions in Lithuania depend on whether the sentence is to be served in a correctional institution or in prison. Overcrowding is a problem so you cannot expect a single cell as a matter of course. You should also be aware that the conditions of toilets and showers are poor in Lithuanian prisons. The number of prison staff speaking English is very low.
Most Lithuanian prisons will provide basic toiletries, standard clothing and linen; other items can be purchased directly from the prison shopping list which most of the prisons offer on a weekly basis
Accommodation
Sentenced prisoners and those on remand are held separately.
There are shared and single cells available. Shared cells are more common and can accommodate up to five people. Overcrowding is quite a common problem.
Both regular beds and bunk beds are used. Mattress, blankets and bedding are provided by the prison.
Washbasins, toilets, running water, electricity are provided in cells. Most of the cells have natural light.
Food and diet
The prison authorities have assured us that the food they provide is balanced giving the necessary daily nutritional requirements. A special diet can only be approved where the prison doctor gives his authority on medical grounds. A vegetarian diet is also available. You can supplement your diet by buying fruit and other items from the prison shop.
Hygiene
Prisoners can shower 3 times a week. The shower/bathing facilities are communal. The conditions of showers/toilets in prisons are satisfactory. Toiletries are provided by the prison authorities. Prisoners can buy toiletries at the prison shop.
Work and study
The arrestee can work if the Administration of the correctional institution offers a job and the arrestee agrees. The Administration has the right not to pay the arrestee only when the employment is either cleaning the custodial institution and its territory or improving the cultural and daily life of the prisoners. These activities are done in turns and cannot last longer than three hours per day.
When offering a job for a prisoner, the administration has to consider the prisoner’s previous work experience and speciality as much as possible, but the Administration selects the type of employment it offers to a prisoner. The work place is usually in the correctional institution or its premises. If not so then special isolation and security is considered.
Older prisoners and those with physical disabilities can work only if they give their written consent, the doctor’s confirms they are medically fit and there are appropriate job vacancies.
The director of the correctional institution can allow the prisoner to practice individual work or creative work instead. The director of the correctional institution can allow scholars, artists, representatives of unusual occupations, specialists of a high qualification to practise scientific, artistic and other activities.
All imprisoned persons in Lithuania have a right to study free of charge. Basic and secondary education in Lithuanian prisons is organised by local municipalities and vocational education by the Ministry of Education and Science. Most imprisoned persons undertake vocational training which lasts for a year. Imprisoned persons can also apply for a permit to study outside the prison.
Contact and languages
The contact with other inmates might be restricted, depending on the type of prison.
Prisoners are likely to be put in a cell with other English-speaking inmates. Prisons usually do not provide language classes. The prisoners are provided writing materials. They don’t have internet access.
According to the Lithuanian law no prisoners can have mobile phones, however, the prisoners are entitled to telephone calls from a public phone using an insertable phone card which can be purchased at the prison shop. The duration of a call may not be longer than 15 minutes. The number of calls granted depends on the group to which a prisoner is assigned to, for example, prisoners assigned to Easy Group can make a call once a week.
If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations. As a result you may lose your job or school place and might be sent to confinement for a period.
Prisoners are provided with writing materials for writing letters. Prisoners are prohibited to use the Internet, e-mail, or other means of electronic communication.
The prisons have libraries with English books available. The libraries are not very well stocked. Prisoners cannot order books/magazines/newspapers from outside. Prisoners are allowed to watch or own a television and Prisons offer cultural and other social activities. Taking part in these activities are seen positively by the prison authorities and reflected accordingly on the prisoner’s prison record.
With the permission of a prison service officer, a prisoner shall be allowed to possess a personal radio, television set and other necessary electrical equipment, unless the use of such item violates the internal rules or order of the prison or disturbs other people. A prisoner shall bear the costs related to the use of electrical equipment
You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).
Exercise
Prisoners are given the opportunity to engage in sports and are allowed at least one hour of walk in the open air daily. Many prisons have exercise facilities. Regular exercise, e.g. playing football is organised by the prison authorities.
Climate
The climate is similar to the UK, however, it can be considerably colder in winter. The prisons provide clothing appropriate for the weather.
Religion
Prisoners have the right to receive visits from a priest, rabbi or minister of their faith. The detention facility is staffed by religious ministers.
Rules and regulations (including drugs)
Prison rules and regulations shall be explained to prisoners.
Prisoners are prohibited to consume alcoholic beverages and other substances containing spirits, narcotic drugs and psychotropic substances. If you are caught with any kind of illegal drugs you will be punished accordingly. Tobacco cigarettes which can be purchased in a prison shop are allowed inside Lithuanian prisons.
Safety is likely to be a paramount concern. Highlight whether there might be safety issues, and if this applies, make it clear you wish raise this issue immediately with your 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 the country 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.
The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.
We are unable to receive payment by credit or debit card, or by cash.
Alternative, prisoners are able to receive money directly from family members into a prison bank account.
Possession of money in a maximum-security prison is forbidden and all settlements to any imprisoned person or arrested person shall be made through the internally opened personal account. The money that the imprisoned person had with him/her at the time of arriving in prison, the wages earned by him/her as well as the money sent by those closest to him/her shall be transferred to the personal account.
For the sums on the account the imprisoned person can purchase goods from the prison store, subscribe for publications, pay for the use of electrical devices (radio, television receiver) at he/she uses in the cell. It is forbidden to send money to the imprisoned person by post or within a package or hand it over at the time of short-term or long-term visits.
The money intended for the imprisoned person must be transferred to the prison bank account. The payment order must surely indicate the given name, surname and birth date of the imprisoned person. If a person does not use all the money in his/her account, the remaining funds shall be returned to him/her on release from prison.
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.
Medical and dental treatment
While you are detained, Lithuania is responsible for ensuring your basic medical needs are met. Every correctional institution has a medical care institution. If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist.
Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison. In that case the prisoner would be accompanied by a custodian.
If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the prison doctor/specialist.
There is a psychiatrist / psychologist also available in prison.
In case of medical emergency, the prisoner should raise this with the prison staff member directly responsible for his/her cell.
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
One postal package cannot weight more than ten kilograms and a hand delivered package cannot weigh more than fifteen kilograms. Only clothes and footwear are allowed to be sent by parcels.
Prisoners assigned to Usual or Easy group have the right to receive one parcel (by mail or hand delivered) once every 3 months. Prisoners in a correctional institution assigned to Discipline group have the right to receive one parcel (by mail or hand delivered) every six months.
Prisoners have the right to receive or send an unlimited number of letters. The administration of the correctional institution must deliver letters addressed to the prisoner within three days of the day of receipt. Similarly, the administration must send letters from prisoners within 3 days of receiving them from the prisoners.
The prosecutor or director of a correctional institution has the right to authorise a prisoner’s incoming and outgoing mail to be censored when they have reason to believe that doing so will prevent a crime or prevent the violation of the rights and freedoms of others.
The Embassy cannot accept parcels on behalf of prisoners. Prisoners need to pay for stamps which they can purchase at a prison shop.
The sender should address the letter/parcel writing the full name, surname of a prisoner and the prison address on the front; including their own address on the back.
Telephone calls
According to Lithuanian law no prisoner can have mobile phones, however, the prisoners are entitled to telephone calls from a public phone using an insertable phone card which can be purchased at the prison shop. The duration of a call may not be longer than 15 minutes. A number of calls granted depend on the group to which a prisoner is assigned to, for example, prisoners assigned to Easy Group can make a call once a week.
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.
If your rights are violated, you have the right to complain about the activities of the investigating body and submit a complaint to this effect to the Prosecutor’s Office. If the complaint concerns the activities of the Prosecutor’s Office, it may be submitted to the Office of the Prosecutor General.
Imprisoned persons may also file a complaint about mistreatment to the Seimas (Parliament) at this address:
Ombudsmen’s Office of the Republic of Lithuania
Gedimino ave. 56
01110
Vilnius
tel. +370 706 65105
ombuds@lrski.lt
Chapter 3: The Lithuanian judicial system
Overview
The criminal proceeding system in Lithuania has two phases: a pre-trial phase which consists of arresting and taking the suspected person into custody. In this phase the criminal investigation is carried out and evidence collected. The pre-trial phase can last up to 6 months.
The way your case is dealt with depends on how serious it is. There are two types of offences: felonies and misdemeanours. Some felonies and misdemeanours are dealt with in Regional Courts, serious felonies are dealt with in District Courts.
The Lithuanian justice system is “Inquisitorial”. This means that the Judge is responsible for carrying out a wide-ranging inquiry in order to make a file of information about the case.
This file is what the Judge bases his final decision on. The trial is a final act of investigation and the Judge is very much in control and will ask a lot of questions. The Lithuanian judicial system does not have juries.
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
You are arrested when a custody order requests your detention. There is a general right of arrest when there is a reasonable assumption:
- that a suspect is going to escape (hide)
- that they are going to frustrate the investigative process
- that a suspect is going to commit new crimes.
Another grounds for custody is an extradition request.
If you are taken into temporary detention you must be brought before a court by the end of the following day. The judge must either order your release or issue a custody order.
If there is no custody order, the Prosecutor can order temporary detention. This is done when there is a reason for issuing a custody order but there is a delay in obtaining one. This kind of custody order can last only for 48 hours if not confirmed by a judge.
Temporary detention can be ordered when one of the following applies:
- a person is caught or pursued in the act of committing an offence
- when it is suspected they are going to escape
- the person cannot be identified
- when there is any other ground for custody
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
You can be detained for up to 48 hours. If the court has not issued a warrant for your arrest within 48 hours of your detention, the investigating body must release you without delay. In pre-trial procedure, a suspect or accused shall not be held in custody for more than 6 months.
In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in a criminal proceeding, a preliminary investigation judge may extend the term for holding in custody for more than six months at the request of the Chief Public Prosecutor.
A custody order must set out:
- the details of the arrestee
- the crime which the arrestee is suspected of committing: the place, the time, the circumstances and the means of the alleged crime
- the information that implicates that the arrestee has committed the crime
- the grounds for arrest
The custody order can be appealed to a higher court in 20 days from the imposition of the custody order. The appeal can be against the custody, against the ground for the custody, or against the term of custody. The appeal has to be addressed to the higher court, but submitted via the court where the custody order was issued. The appeal has to be heard within 7 days. The ruling of the higher court is final and cannot be appealed.
Prisoners on remand and sentenced prisoners: differences
Sentenced prisoners and those on remand are usually held separately. If the condition of your cell is not acceptable for example, difficulties with other inmates) – you can apply to the prison administration for a 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
All the evidence collected during the criminal investigation and the summary of the pre-trial proceedings describing the circumstances of the crime are added to the criminal file.
Allowing you, as the suspect, access to the criminal file is necessary so that you are aware of the charges against you and the grounds on which they are made. After you have reviewed the criminal file, you and your lawyer have the right to submit applications to the Prosecutor’s Office. The purpose of submitting applications is to guarantee that the criminal investigation is carried out thoroughly and fairly.
After you have reviewed the criminal file and the Prosecutor’s Office has made a decision concerning your applications, you will be charged if the Prosecutor’s Office is convinced that there is sufficient evidence to put you on trial. The Prosecutor’s Office will draw up an indictment. This is a document setting out the circumstances on which the charges are based and the evidence confirming them. The Prosecutor’s Office will give the indictment to you and your lawyer and send it to the court.
Bail
Bail is one of the so-called measures of suppression provided for in the Code of Criminal Proceedings of Lithuania (referred to here onwards as “the Code”). According to the Code, measures of suppression are imposed to guarantee that the suspect will participate during the pre-trial investigation or the court proceedings, to prevent them from committing other crimes, etc. Measures of suppression are imposed by the prosecutor, judge of the pre-trail investigation or by the court. One of those measures is bail.
You (or your lawyer) may ask the prosecutor or judge to impose bail instead of other measures of suppression (house arrest, custody, etc.), but the officials are not obliged to do so. Before taking a decision on what measure should be chosen for you, they evaluate all the circumstances of your case and all the evidence that they have.
If bail is imposed, you must pay it to a depository account of the Prosecutor’s Office or the court. Your relatives, family members or any other persons, enterprises or organisations may pay bail for you. The sum depends on several things:
- the nature and seriousness of the offence
- the possible sentence for the alleged offence
- your or other bail payer’s financial circumstances
The basic principle is that the sum has to be large enough to serve its purpose, but not too big so that you wouldn’t be able to pay it.
It is important that the imposition of bail is related to certain bail conditions, which you will have to fulfil and which will be explained to you before you pay the money.
If you breach your bail conditions (for example by committing other crimes, avoiding going to the prosecutor or court when summoned, making efforts to influence the pre-trial investigation or the court trial), or the prosecutor/ the judge has the reason to think that bail is not a sufficient measure of suppression (for example, if it is considered very likely that you will go into hiding or leave the country, they may impose more strict conditions such as likely house arrest or custody. In that case the bail money (if already paid) would be transferred to the State budget.
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 our list of English-speaking lawyers[AG53] . Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
You are not obliged to have a lawyer – you may refuse such assistance and defend yourself in person. But this is only possible if you know the language of the procedure. If you do not speak Lithuanian, you are obliged to have a lawyer.
Apart from the British Embassy Lawyers’ List, you can also find a lawyer on the list held by the Council of the Lithuanian Bar Association. You have the right to find a suitable lawyer yourself. Someone who you authorise may also find a lawyer on your behalf.
Police officers must explain your right to have a lawyer from the moment you are detained, or the start of your first interrogation. When officers are reading you your rights, you may state your wish to be represented by a lawyer during the criminal process. You will have to confirm this decision by signing the procedural document. In some cases you may be defended by a lawyer‘s assistant but most often, it is a lawyer who will be your defence counsellor.
If you have been detained and you already have a lawyer, inform the officer that you want to contact your lawyer. You may also phone members of your family or friends and ask them to find a suitable lawyer for you.
If you do not have money to hire a lawyer, you may get legal aid free of charge. If you want to be represented by a lawyer providing state-guaranteed legal aid, you need to apply to any of the services in the 5 major cities that provide state-guaranteed legal aid.
If you have not found a lawyer yourself, the investigating officer or prosecutor will automatically appoint a lawyer who provides State-guaranteed legal aid. In this case, irrespective of whether you can afford to hire a lawyer or not, you will be provided with legal aid free of charge. You may refuse the services of an appointed lawyer and find another at any point in the procedure.
Trial
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.
Long delays are common in Lithuania.
Sentences
After the hearing, the court either acquits or convicts you. You will be acquitted if, during the trial, it is not proved that the crime was committed or that you committed it. You will also be acquitted if the Prosecutor’s Office drops the charges. You will be convicted if it is proved in court that you committed the crime.
If you are convicted, one of the following penalties may be applied:
- imprisonment – a custodial sentence served in approved places like houses of correction or prisons. The maximum period of imprisonment is 20 years or for life
- arrest – a short-term imprisonment served in a short-term detention facility. The maximum length of arrest is 90 days
- restriction of liberty – during the period for which your liberty is restricted, you will not be able to change your place of residence. The court may also order you not to visit certain places or communicate with certain persons. You may also be ordered to be at home at a certain time, to make compensation for damages or to comply with other similar requirements
- a fine – a financial penalty, the amount of which is determined by the court
- community service order – you can only be required to undertake community service if you agree
Appeals
You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defenders. You have to file your appeal within 20 days from the day when the court announced the judgment. You have to file your appeal with the court that passed the judgment, and from there, it will be sent to the court of appeal. It is usual for the public defenders to appeal against your first sentence anyway.
Reaching the end of your sentence
Reduction of sentence (remission)
In Lithuania, the law makes a provision for the early release of prisoners serving a sentence or a commutation of a sentence.
The court can release early or commute the sentence under these conditions:
- when you have served not less than a half of the sentence for a negligent, not serious or semi-serious felony
- you have served more than 2 thirds of a sentence for a serious felony
- you have served more than 3 quarters of a sentence for a very serious felony or if a person is a recidivist
- you have served not less than one third of a sentence for a negligent, not serious or semi-serious felony if the crime was committed by a pregnant woman, a single parent with a child of up to seven years or with two and more minor children, when their paternity is not restricted
- you have fully compensated the damage or you have partly compensated the damage and made a promise to compensate it fully by the end of sentence
- your conduct whilst in prison has proved that you are worthy of early release or a commutation of the service.
The early release or a commutation of a sentence is not applicable for prisoners, who:
- are dangerous recidivists
- are imprisoned for a life time
- have been released early before, or whose sentence has been commuted before and who have committed a new deliberate crime afterwards
Early release
Convicted persons serving their sentence of imprisonment in correctional facilities, who have complied with the sanctions provided in the individual social rehabilitation plan and submitted applications to the Commission for Parole Release from Correction Facilities, and the risk of whose criminal behaviour, the behaviour during the sentence period and other significant circumstances constitute reasonable grounds to believe that they will comply with the laws and not commit any crimes, may be released on parole from correctional facilities.
The procedure for the submission of applications to release on parole from correctional facilities shall be established in the internal rules of procedure of correctional facilities.
Clemency or pardon
A person who has committed a crime can be released from the whole sentence or a part of the sentence if the President of the Republic of Lithuania satisfies his appeal for pardon. The order of pardon is passed by the President of the Republic of Lithuania.
Financial penalties
Financial penalties for various offences are set in the Lithuanian Penal Code. Failure to pay a fine can result in imprisonment. Subject to your consent, a fine can also be substituted with community service.
Transfer to another prison within Lithuania
A prisoner may be transferred from one closed prison to another or from one open prison to another if such transfer is necessary for the implementation of the individual treatment plan of the prisoner, the achievement of the objectives of execution of imprisonment or for reasons of security.
The Minister of Justice shall approve the procedure for the transfer of prisoners. The detainee may be transferred from the closed prison to the open prison on the basis of the decision by the open prison director or the direct of a prison with an open prison department and the vice prison chancellor of the Ministry of Justice.
The open prison receives persons who have committed less severe crimes and the detainees whose containment in the close prison would be unsuitable, who have shown trustworthiness and legal obedience during their time in the closed prison and with whom there is sufficient reason to assume that the person will not commit new acts of crime.
Transfer to a prison in the UK
Lithuania and the United Kingdom have signed, and ratified, a Prisoner Transfer Agreement allowing British nationals imprisoned in Lithuania to apply to be transferred to the United Kingdom to serve the remainder of their sentence.
You should write to the authorities of either Lithuania or the UK to apply for a transfer. If the Lithuanian authorities are prepared to consider your transfer, they will send the United Kingdom authorities information about you, about the facts relating to your conviction and about the nature and length of your sentence.
If the UK authorities are prepared to consider your transfer, they will respond by sending information about the length and type of sentence you would serve after transfer. They would also send information about the arrangements for remission, conditional release, etc in the relevant part of the UK.
If both countries are content to agree to your transfer, you will receive the information provided by the UK for your consideration. You will then be asked whether you consent to being transferred under the Convention.
Both Lithuania and the UK have ratified the Convention, which came into effect on 1 February 1992.
Please note that it may take many months to process your application for transfer to the United Kingdom.
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.
Requests for transfer shall be submitted to Lithuanian Authorities at the following address:
Ministry of Justice
Gedimino pr. 30, 01104 Vilnius
Lithuania
In the UK you should write to:
Prisoner Administration Group
Prisoner Service HQ
Cleland House Page Street
London SW1P 4LN
Please note that if you are transferred to the UK to serve your sentence then the UK authorities are entitled to prosecute, sentence or detain you for an offence other than that for which your current sentence was imposed.
Your transfer would not prevent you from benefiting from any pardon, amnesty or commutation of sentence which might be granted by either Lithuania or the UK.
If after your transfer, new information comes to light which you consider grounds for a review of the original judgement passed in Lithuania, it is for the Lithuanian authorities to decide on any application for review
Release and deportation
A prisoner shall be released from prison after serving the sentence and on other grounds prescribed by law. In order for them to integrate into society with as little difficulty as possible, several preparations are carried out prior to the release.
The most common are to offer social aid to the detainee and the transfer of the detainee to the open prison. A social worker will help the detainee contact their family and the social welfare agency.
When they are released, the detainee will receive the release support that has accumulated from the wages for their work. In preparation for release, they will get help in resolving issues related to the management of their financial affairs and personal life, and with assistance preparing the required documents.
A prisoner will also be told about any entitlement to social benefits provided by general social welfare. On release, the items, documents and personal clothing deposited in the prison service will be returned to the prisoner. If the prisoner has no personal clothing or if the prisoner’s personal clothing is not suitable for the season, the prison service will provide the prisoner with clothing without charge.
If you are a foreign citizen, living legally in Lithuania, and you have been convicted of an intentional crime and sentenced to prison, the court may, as an additional punishment, decide to expel you from Lithuania and prohibit you from entering Lithuania for 10 years. Since expulsion from Lithuania is also a punishment, you have the right to appeal the decision.
If you do not have the right to live in Lithuania, your expulsion from Lithuania takes place automatically without a court decision. You have the right to challenge your expulsion by lodging a complaint with the Administrative Court.
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:
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
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
Additional Information
Volunteer workers
The volunteering programs are coordinated by the Prisons Department of the Republic of Lithuania. It is possible to volunteer in all of the Lithuanian prisons.
Plea bargaining
Plea Bargaining is possible in Lithuania. Legal representative should be able to provide further advice on procedures.
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
89 – 93 Fonthill Road
London N4 3JH
UK
Prisoners Abroad
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
Glossary of terms
Useful legal terms
Key phrases – Lithuanian into English
Sulaikytas asmuo – a detained person
Arestine – a detention house
Kalinys – a prisoner
Kalejimas – a prison
Trumpalaikis vizitas – short-term visit
Skambutis telefonu – telephone call
Konsulinis pareigūna – Consular Officer
Advokatas – a lawyer
Skundas – a complaint
Apeliacija – an appeal
Teismas – a court
Annex
FCDO guidance: Support for British nationals abroad
https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide
FCDO guidance: Arrested abroad: advice for British nationals
List of English-speaking lawyers
https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers/country