Information pack for British nationals arrested or detained in Seychelles
Updated 8 January 2025
1. Disclaimer
This guidance was compiled by the Consular Section, British High Commission Victoria. It is revised on a regular basis. If any of the information contained in this guidance is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British High Commission in Victoria is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.
2. Chapter 1: Key points
2.1 Overview
If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.
This information pack aims to give you, and your family and friends, information about the local system in Seychelles 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.
2.2 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.
2.3 Who we are
Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.
Contact details for the British Embassy in Seychelles:
3rd Floor
Oliaji Trade Centre
Francis Rachel Street
Victoria, Mahé
Seychelles
Telephone: (+248) 4283666
Webform: http://www.gov.uk/contact-consulate-victoria
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.
2.4 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.
When a British national is arrested and detained in Seychelles the authorities should inform the British High Commission. Family, friends or yourself may also inform us. Once we are notified, we aim to contact you as soon as possible.
2.5 We can also:
- provide a list of local English-speaking lawyers in Seychelles
- 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
2.6 We cannot:
- 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
3. First steps
3.1 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.
3.2 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 Seychelles.
3.3 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 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.
3.4 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.
3.5 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.
4. Chapter 2: Detention conditions in Seychelles
4.1 Visits: friends and family
4.2 Who can visit and how to arrange visits
1. You request the visit
To request a visit, you need to complete a visit slip to inform the officer responsible for visits who you would like to visit you. The slip can be requested from your guard room. You should complete the slip at minimum, a week prior to your visit. The officer responsible for visits will then contact the person(s) by phone, email or letter depending on the contact details you provided. You will then be informed of their response. If your visitor is not available on the specified date, an alternative date is offered or another prospective visitor is contacted, with your approval. Your visitor’s details are recorded in the visit book and on the specific visit day they report to the prison gate, sign in, submit to a search and then they are allowed to meet with you.
2. Visitor requests a meeting with you
Your visitor is required to telephone or write to the prison requesting a visit with you; the officer responsible for visits will then inform you of the request. You can choose to accept or reject the visit; it’s your decision. Your decision is then passed to your visitor by the officer. If you accept the visit a date will be arranged between yourself, the officer and your visitor. Your visitor’s details are recorded in the visit book and on the specific visit day they report to the prison gate, sign in, submit to a search and then they are allowed to meet with you.
4.3 How many visits am I allowed?
Prisoners who have been convicted are entitled to one visit per month from family members, relatives or friends. Those who participate in rehabilitation programs and who are drug free can earn an extra contact visit per month as a privilege.
A person on remand is entitled to one visit per week from families, relatives or friends.
Prisoners are allowed to receive per visit, 2 adults and 2 children (below 18 years). Special visits can also be granted by the Commissioner of Prison like in the case of birthdays and baptism of children.
With the approval of the commissioner, both convicted and remanded inmates can be allocated additional visits in exceptional circumstances. Exceptional circumstances include a death in the family, a family member who is critically ill, family members/relatives/friends living abroad are currently in Seychelles.
4.4 What to expect when you visit
The visit will take place will either at the remand facility or prison where the person is being held.
All visitors are subject to search. This will include a search of the person and any items brought in by the visitor. Visitors are required to bring their ID. Visits are supervised by prison officers.
Visitors must refrain from wearing revealing clothing or attires associated with political parties when visiting a person at the remand facility or at the prison.
4.5 What you can take on your visit
Visitors can purchase goods from the prison’s tuck shop although there is a list of fruits that the prison allows visitors to bring from outside. You should speak with the visit officer about the list when arranging for the visit.
You may also bring goods that are not sold at the prison’s tuck shop or fruits that are not on the list. Permission from the Commissioner of Prison is however needed for this. To get permission, the visitor or inmate needs to send a written request to the Commissioner. However, permission is only given in exceptional circumstances.
4.6 Visits: consular staff
Consular staff will aim to make contact with you as soon as possible after being advised of your arrest/detention. We will aim to visit you as soon as possible after being notified of your detention. We aim to visit at least 2 times a year or more often if necessary.
Consular staff must officially request permission to visit from the authorities in Seychelles. There can be delays in obtaining this permission.
If there is a need to speak to us between visits, you should speak to the Welfare Officer at the prison.
4.7 Emergency trips outside of prison
Trips outside the prison can be considered if an urgent situation arises, e.g. funerals and critical illness of a prisoner’s next-of-kin. You may discuss this with your lawyer, the Prison Officers and the Consular Officer.
5. Police custody and initial arrival at prison
5.1 Arriving at the police station: your basic rights
Upon arrest, the local police should inform you of your rights including the right to contact relatives or a lawyer of your choice. You will be held at the main police headquarters or the closest district police centre in a holding cell prior to appearing in court.
The local police will provide you with food and water and you will also be allowed to make limited phone calls to contact relatives or a lawyer. You are also allowed visits by friends and relatives while being detained.
More information about the Seychelles judicial system can be found in Chapter 3.
5.2 Appearing at court
Trial procedures closely mirror that of the UK and are conducted in English. Proceedings are translated into English if any other languages are spoken in the court. The prosecution will establish a case against you, the offender. They will present evidence and call forward witnesses as necessary. You will be presumed innocent until proven guilty, as this is the basis of local law.
5.3 Initial arrival at the prison
If you are remanded in custody awaiting trial, you will be held in a remand centre. After conviction and sentencing, you should expect to be transferred to prison immediately.
6. Prison: conditions and daily life
Montagne Posse prison is in the south of Mahe. It is relatively new having been opened in 2006. Facilities are of a reasonable standard, although there have been no inspections carried out by organisations such as the EU to date. Male and female prisoners are housed in separate buildings, as are remand and high security prisoners.
The prison system in Seychelles has suffered from overcrowding due to a severe increase in people being sentenced for drug use and trafficking. Since 2015, there has been a focus on rehabilitation and reintegration back into society for prisoners.
Uniforms are normally provided; however, where uniforms are not supplied, you will be required to ask your family to bring your clothes to the Prison or if you do not have clothes, you will be referred to the Welfare Unit to be assisted. You will be expected to wear clean and decent ordinary clothes.
6.1 Accommodation
When you arrive in Prison, you will be allocated with a cell, which you will share with other inmates. Mattresses and pillows along with bedding will be provided. You may buy or have your family bring you your own pillow if you wish.
6.2 Food and diet
Inmates are provided three meals per day, which includes breakfast, lunch and dinner. It also caters for special diets due to medical conditions, religious requirements and personal tastes. If you have special dietary requirements, you should speak to your head of residence.
Additional food, drinks and snacks can be purchased from the prison tuck shop which is located inside the prison. All items are screened prior to being available for purchase.
6.3 Hygiene
Inmates have the opportunity to shower daily. Toiletries and personal items such as soap, toothpaste, cups/mugs, are provided.
Your visitors may also be allowed to bring you toiletries for personal use, or you may buy these at the prison tuck shop.
You will be required to do your own laundry. Some residences have washing machines. If you are in one of these residences, you will be advised, by the head of the residence, on the schedule for access to the washing machines. If your residence does not have a washing machine, you will be required to hand wash. You will be issued laundry bars and your head of residence will guide you on where to do your laundry.
6.4 Work and study
Prisoners can choose to work at the prison, but working is not compulsory. Not all prisoners who would like to work will be able to get a job. Job roles available include: administration, farming, welding, plumbing, cooking and cleaning.
There are provisions for prisoners to study but the opportunities are limited.
6.5 Contact and languages
Telephones are available for prisoners which they can use to keep in touch with family and friends.
Prison officers may consider putting prisoners and detainees of same nationality in the same cells.
The prison has a library where you can borrow books. English books are available for loan. You will also have access to a communal TV with limited channels.
There are various rehabilitation programmes on offer such as Psychosocial, vocational, academic, sport and community volunteering programmes.
You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).
6.6 Exercise
You are entitled to one-hour fresh air/exercise time daily. You can use this time to go to the exercise yard. There is also a gym in the male residential block, which you can request to use. Some prisoners (depending on risk and other factors) are able to work outdoors within the prison complex on gardening, construction, etc.
6.7 Climate
The climate is very different to that of the UK. Seychelles has a tropical climate with high humidity. It is very hot all year round.
6.8 Religion
There are regular visits from religious groups. Facilities for prayer are available. Muslim and Christian prisoners have access to their own religious texts and other items, such as prayer mats etc.
The climate is very different to that of the UK. Seychelles has a tropical climate with high humidity. It is very hot all year round.
6.9 Rules and regulations (including drugs)
The disciplinary rules and procedure are in the Inmates’ Information
Guide—Charging & Hearing of offending Inmates SPS/IIG/2019-01, which you will be provided with.
Drugs are prohibited and penalties for use are severe.
Prisoners are not allowed to get any tattoos, brandings or piercings while in prison.
7. Prison: access to help and services
7.1 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.
7.2 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. 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.
7.3 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 donations from other sources.
7.4 Medical and Dental treatment
While you are detained, Seychelles is responsible for ensuring your basic medical needs are met.
With your permission, we can make sure that any medical or dental problems you might have 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.
On arrival at the prison, you will see a doctor who will undertake a routine check-up. Whilst the doctor and a nurse normally visit only once a week, you should have access to medical care if you require it. There are currently no dental facilities at the prison but, again, this should be available if required.
HIV is a serious issue in Seychelles and this is likely reflected in the prison. Testing and counselling are available on request. There is a psychiatrist and counsellor available as required.
7.5 Letters and parcels
Incoming and outgoing mail is allowed but it will be screened before it is delivered to you. Your family and friends can write to you at:
Montagne Posee Prison
PO Box 166
Mahe
Seychelles
They can also use the address above to send you parcels.
Alternatively, family and friends can email or write letters to BHC Victoria which we can pass on to you. All mail will be screened.
Prisoners are also allowed to send letters. However, you will need to send your letter through the official route using the approved prison letter template, which you will be provided with.
7.6 Telephone calls
You are permitted to make telephone calls. As a foreign prisoner you are allowed one 10-minute telephone call each month. If you wish, you can request a WhatsApp call through the prison’s welfare unit. Longer or more frequent phone calls can be granted in special circumstances and at the discretion of the Commissioner of Prison.
Mobile phones are prohibited inside the prison compound. Penalties for use can include loss of privileges earned, solitary confinement or prosecution.
7.7 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.
You may also request to speak with the prison officials if you feel you have been mistreated.
8. Chapter 3: The Seychelles judicial system
8.1 Overview
The Criminal Justice System of Seychelles is similar in part to the British Justice System, but it also takes much from the French Justice System. You may find that you are familiar with some of the procedures that are used.
There is a three-tiered judicial system consisting of Magistrates’ or Small Claims Courts, the Supreme or Trial Court and the Court of Appeal. Criminal cases are heard in Magistrates’ Courts or the Supreme Court depending on the seriousness of the charge. A jury will only be used in cases of murder or treason; all other cases are heard by a Judge. Some Judges may be from other Commonwealth countries and employed on a contract basis. Normal legal protections are extended to defendants; they include public trials, the right of the accused to be present, to confront witnesses, to appeal, to qualify for bail in most cases and to be represented by counsel.
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.
9. First steps
9.1 What should happen after you are arrested
Upon arrest, the local police should inform you of your rights including the right to contact relatives or a lawyer of your choice. You will be held at the main police headquarters or the closest district police centre in a holding cell prior to appearing in court.
The local police will provide you with food and water and you will also be allowed to make limited phone calls to contact relatives or a lawyer. You are also allowed visits by friends and relatives while being detained.
If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.
9.2 How long you can I be remanded in custody
In the case of a serious offence (with the exception of Saturday, Sunday and public holidays where the court is not available) you should be brought to court within 24 hours of being arrested. If within 24 hours you have not been charged, you should be brought before the court accompanied by a police application for further detention. The application should state the reason for further custody and if a Judge or Magistrate is satisfied, it should be granted for no longer than 14 calendar days. Any interviews will be conducted in your familiar language.
9.3 After you are charged
After 14 days, you must be charged, released or, if ordered by the court, remanded to prison for an additional 14 days. This will be renewed every 14 days until the disposal of your case. A person can be on remand for a significant period of time. It is not uncommon for offenders to be remanded for up to, or exceeding, 2 years. The constitution provides for a speedy hearing by an independent court but that is not always achieved. Time spent on remand is always deducted from a sentence. The average waiting time for trial is currently 2 years.
9.4 There are 2 categories of charges:
- Misdemeanours, which falls under a minor offence – common assault, petty theft, being idle and disorderly
- Felonies, which falls under serious offence – stealing by servant, forgery, unlawful wounding, drug trafficking
9.5 Bail
Receiving bail is possible; there is a constitutional presumption that any person charged will receive bail. There is no difference for foreigners. Bail can only be refused for good reason, such as the seriousness of the offence committed or whether there is a likelihood that the offender will not turn up for trial.
We may assist you with contacting friends and family who may be willing to pay your bail amount.
The FCDO cannot transfer bail funds.
10. Trial and legal assistance
10.1 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 information on legal aid, court proceedings and can advise on appointing a lawyer. It is advisable that you speak with your lawyer about the fee for their services.
Foreigners are eligible for legal aid in Seychelles. You should speak with the prison court liaison officer if you need legal aid. Application for a legal aid representative must be made to the Registrar. Once received the application will be reviewed and you will be notified of the outcome and, if approved, a lawyer will be allocated to your case.
10.2 Trial
Trial procedures closely mirror that of the UK and are conducted in English. Proceedings are translated into English if any other languages are spoken in the court. The prosecution will establish a case against you, the offender. They will present evidence and call forward witnesses as necessary. You will be presumed innocent until proven guilty, as this is the basis of local law.
10.3 Sentences
Depending on the charges against you, the outcome will differ. You can expect to be imprisoned for a stated period of time, given suspended imprisonment, charged a suitable fine or called for community service. There are no indeterminate sentences under Seychelles law, except for life sentences, where there is no legal maximum prescribed. Release in this case depends on the president, upon the advice of the pardon committee.
10.4 Appeals
Appeals are possible. Appeals can progress from the Magistrate to the Supreme Court and from the Supreme Court to the Court of Appeal. All convictions are amenable to appeal as of right. This is always advised by the convicting court to the offender. Appeals are open to all and are never restricted.
There is a period during which an appeal can be lodged (14 calendar days from the Magistrates Court and 30 working days from the Supreme Court). Appeals can be filed out of time with leave of the Court. We advise you consult your lawyer or legal representative for further details.
11. Reaching the end of your sentence
11.1 Reduction of sentence (remission)
Sentences may be reduced due to good behaviour for all sentences. Up to one third may be remitted. However, prisoners convicted for aggravated offences under the Misuse of Drugs Act 2016 are not granted remission unless stated by the Judge. Prisoners on life sentences are not granted remission.
We advise that you consult your lawyer or legal representative for further details.
11.2 Early release
Parole can be granted and an application can be made after serving half of your sentence.
11.3 Clemency or pardon
The President of Seychelles has the authority to grant a pardon to anyone who has been sentenced at any time. We advise you speak to your lawyer or legal representative for further information. Seychelles does not require His Majesty’s Government (HMG) to formally support a pardon.
11.4 Financial penalties
If a fine is issued, it can be paid by instalments if necessary. This is usually done for a six-month period. The law allows for persons to be barred from leaving Seychelles until a fine is paid. Collateral need only be submitted for bail.
11.5 Transfer to another prison within Seychelles
Prison transfer is not possible as Seychelles currently has only one prison facility in operation, which is the Montagne Posee Prison.
You will however be transferred from the remand facility to the prison facility after trial.
11.6 Transfer to a prison in the UK
There is currently no Prisoner Transfer Agreement between the governments of the UK and Seychelles to allow British prisoners to serve their sentence or part of their sentence in the UK.
The Commonwealth Transfer Agreement is not in place in Seychelles. Currently, transfers are through bilateral agreements only. Upon release, the British High Commission can assist you with an Emergency Travel Document if your passport has expired or been lost/stolen.
11.7 Release and deportation
At the end of your sentence the prison officials will notify the Seychelles Immigration Department that you have been released. The Immigration Department will then declare that you are a prohibited immigrant and you will be required to leave Seychelles regardless of your nationality or the offence committed.
Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.
If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, 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 your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:
- advice on finding emergency accommodation in the London area
- claiming welfare benefits, including emergency benefit payments if you are destitute
- making appointments with doctors and dentists
- putting you in touch with local agencies if you are not returning to the London area
Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.
11.8 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
11.9 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.
12. Chapter 4: Additional information
12.1 Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:
- your rights as a prisoner
- issues that may affect you such as health or transfer to the UK
- getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
- learning the language of your country of imprisonment
- translating documents
- grants for food if you are in a developing country and do not have funds from other sources
- grants for essential medicines and toiletries if you do not have funds from other sources
- preparing for release
- help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
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