Guidance

St Lucia: prison and legal systems

Updated 2 August 2023

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 in guidance: support for British nationals abroad. You can also request a paper copy from consular staff.

This guidance aims to give you, and your family and friends, information about the local system in St Lucia 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.

Feedback.Consular.Services@fcdo.gov.uk.

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.

Contact details for the British High Commission in St Lucia:

British High Commission Castries
PO Box 227
Waterfront
Castries
St Lucia

Tel: (758) 452 2484/5

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 St Lucia, notification by the authorities to the consulate normally takes place within 24 hours.

We can also:

• provide a list of local English-speaking lawyers](https://www.gov.uk/government/publications/stlucia-list-of-lawyers/st-lucia-lawyers)
• 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 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 St Lucia.

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 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 St Lucia

Visits

Who can visit and how to arrange visits

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

Family and friends can visit daily from Monday to Friday. There are no social visits on Saturdays, Sundays and public holidays. Visiting time is 9am to 11:30am. Each group of visits is for the duration of 30 minutes. Remand inmates are allowed one visit per week. Sentenced inmates are allowed one visit per month.

What to expect when you visit

Visits will take place in a communal area or behind glass. All visitors are searched when they arrive. Overseas visitors are given the same set time of 30 minutes.

Your family members and friends must make an appointment at least 24 hours in advance before they can visit you. The numbers to call to schedule social visits are (758) 468 -7107 or (758) 468-7140.

There are prison officers present during the visit.

What you can take on your visit

Friends and family can not deliver groceries or have groceries delivered to inmates at the prison. Packages cannot be sent through the post office as they will not be accepted at the prison. The post office will be advised to return the package to the sender.

Visits: consular staff

Consular officers, lawyers and legal aid, probations and parole officers, police officers and religious leaders are able to visit any day. Visits from consular staff are carried out every 6 months or when necessary. If you wish to see a consular officer, you will need to speak to the prison custodian officer to request a visit.

You will be notified of the next visit by consular staff. The custodian officer at the prison is also notified. Arrangements can be made with the prison for you to speak to consular staff on the telephone.

You can write to us at any time on matters that concern you, but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

British High Commission
PO Box 227
Waterfront
Castries
St Lucia

Tel: 1 758 452 2484/5

Email: Consular.castries@fcdo.gov.uk

Emergency trips outside of prison

You will usually be granted permission to attend funerals or next-of-kin in St Lucia if they are critically ill. You will not be permitted to travel abroad.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

You should be informed why you have been arrested. St Lucia is an English-speaking country. If an interpreter is required, this will be provided for free.

You can insist on legal representation before answering questions/making a statement. You can also request the British High Commission’s list of local lawyers.

You can be held for up to 72 hours for questioning. After that time, the police must either charge or release you. The police may apply to the court for an extension.

You will usually remain in the police station until you appear before the Magistrate. Food and water will be provided. If you have family or friends in St Lucia, they can provide you with food. The police will hold your personal belongings. If you have medical concerns, you can request to see a medical doctor.

You are allowed to make a phone call to the British High Commission or to numbers in St Lucia. You can also ask the High Commission to contact friends or family abroad on your behalf. Calls are conducted on loud speaker.

If you consider there is any infringement of your basic rights, you can make a complaint to the judge or magistrate.

Appearing at court

At court you will be asked to confirm your name and if you understand the charges before you. If the court appoints you a lawyer, they will speak English.

Read more information about the St Lucia judicial system, (PDF, 3.1 MB).

Initial arrival at the prison

When you arrive at the prison, the nurse will examine you. Any problems will be referred to the doctor. Toiletries such as toothpaste, toothbrush, toilet paper and soap are provided. Females are given hygiene products.

Prison clothing consists of rough shorts and tops. Clothing is colour coded to identify different categories of prisoner: blue for sentenced prisoners, green for remand prisoners and yellow for high risk prisoners.

When someone is arrested, any belongings that are not part of the investigation process, or evidence, will be sent to the prison if there is sufficient space at the prison to keep them. With certain offences, there is no guarantee that personal belongings will be returned since the police are legally entitled to keep or destroy items seized as evidence.

Prison: conditions and daily life

There is one prison in St Lucia called The Bordelais Correctional Facility. It is located just south of Dennery, on the east coast of the island. It has a capacity for 500 prisoners, and is usually full. There is a separate block for women, and a high security block for those considered high risk.

Conditions are harsh, but you should be treated fairly and humanely. If you experience serious harassment, threats or violence you should report this to the High Commission as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. However, we will only raise concerns with the prison administration if you request that we do so.

You will be provided with writing paper, an envelope and a pen to write to your family once a month. The pen must be returned to the Unit Officer. All other letters sent out will be at your cost. You are permitted to receive letters from your family.

There is a tuck shop where you can buy toiletries, snacks, and fruits with money from your account.

Accommodation

With the prison operating at full capacity, it is unlikely that you will get your own cell. Usually there are between 4 and 6 prisoners in a cell. Sleeping accommodation is bunk beds. Bedding and mattresses are provided. Each cell has a toilet and wash basin.

Food and diet

You will have 3 meals a day served on your unit and drinking water. Food is very basic. A special diet is served to inmates who have health issues, for example diabetes, when the doctor authorises it. Meal times are usually:

• breakfast: 8am
• lunch: 12 noon
• dinner/supper: 5pm

Prisoners can purchase supplements for their diet from the tuck shop.

Hygiene

Showers are shared with other inmates from the other cells. Hot water is not supplied. Running water is provided at set times.

Basic toiletries are provided by the prison, but you can buy additional items from the tuck shop.

Work and study

After you are sentenced, you will be permitted to work. Remand inmates should also work. Skilled workers are paid $0.80 per day and cleaners and labourers $0.50 per day. All requests for work must be addressed to the Employment Officer. You will be interviewed for the job you have applied for and given a job description detailing what the job entails when you are hired.

There is a range of education programmes including basic English and mathematics that you can enrol in. You can also enrol for the CXC Examination in English, mathematics, principles of business, social studies, agriculture and electronic documentation and preparation management. Before enrolling in a class, the Education Unit will conduct a diagnostic test to guide you in enrolling in the right educational programme.

There are skills which you can enrol in as a sentence inmate, such as farming, animal production, crop production, clothing and textiles, cooking and carpentry. There is a variety of sports activities you can participate in. There is also a pre-release programme, which is offered to you 6 months before you are due to be released to help you with resettlement after you are discharged.

Contact and languages

There is a range of sports, hobbies and cultural activities for you to join in. You can borrow books from the library. If you damage the book, that privilege will be taken away and you will have to pay the cost of replacing the book.

There is TV recreation in each unit.

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

Exercise

Recreational hours are 9am to 11am, 1pm to 2pm and 3:30pm to 5:45pm. Recreation time varies depending on your housing unit.

Climate

St Lucia has a tropical climate, hot all year round, with relatively cool, dry season from January to mid-April and a hot, humid and rainy season from mid-June to November.

Religion

Representatives from all the main religious groups visit the facility and conduct services. If you have questions relating to religious activities or other programmes, you can send a written request to the Assistant Director-Rehabilitation.

Rules and regulations including drugs

The following rules apply in St Lucia’s prison:

• you must treat others with dignity and respect

• you must obey all lawful orders from correctional officers

• violence is not acceptable against anyone

• you are not permitted to damage the property of the facility. You cannot display nude photographs or pin ups on your cell wall or anywhere else. Family photos will be displayed on the shelf allocated to you

• you are not permitted to hang clothes lines in the cell

• you cannot cover your hair when you are in the recreation yard or inside the common area in the unit. Wearing hats on the unit is a violation

• you are not permitted to cover the cell lights

• you must be decently dressed at all times and use moderate language

• all sentenced inmates will work. Remand inmates should also work

• you must not have in your possession unauthorised items. Any item which has been altered, for example, a sharpened toothbrush, is considered contraband

• cell doors must be uncovered at all times

• you will be visible in your cell at all times during the night. At roll call you must be visible to the unit officer

• you will be subject to personal searches as required by correctional officers. your cell will be searched regularly. If you are classified as a security, high or escape risk inmate, your cell will be searched more often

• no personal cell phones are allowed

• you must obey the rules at the medical unit. Using abusive language to the medical staff is a violation of the facility’s rules

• gambling is not permitted

• you must not tamper with your cell lock, the gates in the recreation yard or the fence

• smoking is prohibited in the unit. You cannot have cigarettes in your cell. You can only smoke in the recreation yard. Young offenders are not allowed to smoke anywhere

• you must not enter other inmates’ cells

• you must not call to persons on the street through your cell window

• you must keep yourself and your cell clean at all times

• you must participate in all fire and emergency drills

• under no circumstances will you be allowed to change your cell without authorisation from your unit officer

• families must be informed that they must book visits by calling 468-7107 or 468-7140

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: 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. 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.

You will not be permitted to spend money earned at the prison. The earnings are calculated and paid out to you when you are discharged. Your family can deposit money on your account when they visit. That money should not exceed $500 per month.

If you do not have a job while you are incarcerated and your family deposit money on your account, a total of $10 will be held back (one time only) for transportation for you, when you are discharged.

It is an offence to have cash in your possession at the facility. You must declare all cash you have with you when you are being admitted or returning from a court session in the city. You will have an inmate account to keep all your cash and earnings. All personal property, for example, watches, cell phones or rings will be kept for you in a safe.

You will be asked to sign a form that you are in agreement of the items listed to be what you arrived with at admission. All undeclared monies found on your person will be confiscated.

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 may be eligible to receive funds from Prisoners Abroad for vitamins and some medical care.

Medical and dental treatment

While you are detained, St Lucia is responsible for ensuring your basic medical needs are met. There is a nurse at the prison who will see you if you report sick to your unit officer or supervisor. You can also see the medical doctor, dermatologist, dentist or psychiatrist if necessary.

Complex problems are usually referred to a specialist at Owen King EU or St Jude’s Hospitals. A Prison Officer will collect medication from the local pharmacy on your behalf.

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 a medical report, sent from your doctor in the UK. Your UK doctor can send the report to the High Commission, who will forward it to the prison authorities.

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.

Medical treatment is free of charge.

Letters and parcels

You will be provided with writing paper, an envelope and a pen to write to your family once a month. The pen must be returned to the Unit Officer. All other letters sent out will be at your cost. You are permitted to receive letters from your family.

Mail should be sent directly to the prison at the following address:

F.A.O (inmate's name)
Name of Unit
Bordelais Correctional Facility
Dennery
St Lucia

There is a tuck shop where you can buy items such as toiletries, snacks, fruits with money from your account. Your family is not permitted to deposit groceries or send packages through the post office for you. The prison will not be accept this and the post office will be advised to return it to the sender.

Telephone calls

Phone calls are made with a phone card that you can buy at the tuck shop. All your calls are monitored. Calls to victims, officers’ homes or media outlets are prohibited. You can use the inmates’ telephone for 10 minutes each day to call your family. If you are on Loss of Phone for disciplinary reasons, you will not be permitted to use the phone. When the phones designate for inmates’ use is not functional, you may make a request to your unit Officer or Supervisor who will assist you.

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 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 have the right to make a request or complaint and to receive a prompt reply. See your Unit Supervisor or Officer for a form.

Chapter 3: The St Lucia judicial system

How long you can be remanded in custody

According to the law, the remand period should not exceed 6 months. Time served on remand will be counted as part of your sentence.

Foreign nationals can be granted bail. However, you would need to demonstrate to the court that you are not a flight risk and that there is someone in the community willing to accommodate you while awaiting trial or court hearing.

Remand and sentenced prisoners are housed at the same prison and are treated the same.

After you are charged

You can appeal your conviction or sentence. If a lawyer represents you, you should inform them immediately of your intention, as a notice of appeal must be lodged within 14 days of the date of the conviction.

It is unlikely that you will be released on bail pending the appeal, but your lawyer can apply to the court in any event. You will have to pay an amount of money to the Court Office to show that you are serious in prosecuting the appeal. The amount is set by the sentencing magistrate.

Bail

Bail is set based on the nature of the crime. If you are given bail, you will usually need to report to the local police station daily or weekly and your passport will be passed to the Immigration Department.

If you do not adhere to the conditions, you will be arrested and placed at the prison.

If your situation changes while on bail and you cannot support yourself, you are advised to speak to your lawyer.

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 the list of English-speaking lawyers in St Lucia. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

As in any country, some lawyers are more competent than others. Paying a large fee does not guarantee that you will get a good lawyer. If you do decide to pay for a lawyer, we recommend you agree a flat fee for the whole case before they begin work, or you may find yourself facing ‘extra expenses’.

There is no legal aid system in St Lucia. Some lawyers in St Lucia provide a pro bono service.

Trial

The trial process varies according to the type of offence:

• summary offences (for example, drug related offences) can only be tried in a magistrate’s court
• indictable offences (for example, murder, manslaughter, burglary) can only be tried in the High Court by a jury
• there are some offences (for example, grievous harm, wounding, damage to property) that can be tried in either court

Trials for most minor arrests and drug offences will take place in a magistrate’s court. These courts hear over 90% of all cases in St Lucia, and the Crown Prosecution Service (CPS) will prosecute these cases. There will usually be a first hearing/plea hearing at which you will be required to enter a plea and the issue of bail will be dealt with. If you plead not guilty to drug offences, the drugs will have to be tested. This process can take some time as forensic expertise has to be imported.

There are often delays in the trial process. Cases are adjourned because the Magistrate has to deal with another urgent matter, or due to the non-appearance of lawyers and prosecuting officers. In some cases, the police fail to deliver the accused person to court.

More serious offences can be tried on indictment only, before a jury in the High Court. There are significant delays in bringing cases to court while the prosecution case is prepared. These delays can result in the accused being held on remand for long lengthy periods.

For offences which can be tried in either court, you will initially appear before a magistrate who will decide whether the case is suitable for summary trial. If they decide it isn’t (that it is too serious to be heard in a magistrates’ court), the case will be sent to the High Court after the holding of a Preliminary Inquiry (called a PI).

If they decide the case is suitable for summary trial, the defendant can accept this or insist that the case goes to High court. However, if you intend to plead guilty, there may be advantages to keeping your case in the magistrates’ court. Your case will be heard sooner and the procedures are simpler.

The magistrates’ court may also be less intimidating, especially if you intend to represent yourself. If convicted, your sentence and court costs is likely to be lower than in the High Court.

Sentences

For drugs trafficking and possession offences a prisoner will be either fined or given a prison term. Fines or sentences are inconsistent and not based on the quantity of drugs found in the prisoner’s possession.

For drug related offences fines range from XCD $ 7,000 to XCD 100,000 (Eastern Caribbean dollars) which is approximately £1,500 to £25,000 or, in default, a sentence of 2 to 3 years imprisonment. The fine can be paid at any time during the sentence, and is recalculated daily according to the length of sentence remaining. It is possible to pay the remaining fine at any time during your sentence to secure your release.

For other offences, sentencing may involve:

• a caution, reprimand and discharge
• a conditional discharge or suspended sentence
• a fine
• probation or community service
• a custodial sentence (prison)

If you receive a custodial sentence, after your court hearing you will either be taken to the police station while Bordelais Correctional Facility prepares for your arrival, or sent directly to the prison.

Fines are payable in Eastern Caribbean Dollars by bankers draft payable to the Accountant General. Your lawyer may be able to arrange the payment on your behalf. Alternatively, the British High Commission can arrange payment once appropriate funds have been deposited with the Foreign, Commonwealth and Development Office. The FCDO will charge for this service.

Appeals

If you are not satisfied with the conviction or sentence, you may appeal. If a lawyer represents you, inform him immediately of your intention, as a notice of appeal must be lodged within 14 days of the date of the conviction.

It is unlikely that you will be released on bail pending the appeal, but your lawyer can apply to the court in any event. You will have to pay an amount of money to the Court Office to show that you are serious in prosecuting the appeal. The amount is set by the sentencing magistrate.

If you were not represented by a lawyer at the trial, the prison authorities can help you fill in the appeal forms.

The appeal process is very slow and can lead to delays in finalising a sentence. This can become a problem when a prisoner wants to apply for prison transfer to the UK. You may wish to get a second opinion before taking the decision to appeal a sentence. Be cautious of lawyers who may take a case to appeal, which would mean they remain on your pay roll.

Reaching the end of your sentence

Reduction of sentence (remission)

Prisoners usually serve two thirds of their sentence. This only applies to first offenders.

Early release

Circumstances which can result in early release may vary. Your lawyer can advise you on the possibility of early release.

Clemency or pardon

In order to apply for clemency the prisoner must write to the Committee on Prerogative of Mercy. This can be a long process and is usually only granted on medical grounds, for example if a prisoner is terminally ill.

The Foreign, Commonwealth and Development Office will consider supporting clemency appeals that fall within one of the following categories of cases:

• in compelling compassionate circumstances, such as where the prisoner is chronically ill or dying (particularly when prison conditions overseas are poor) or when a close family member is chronically ill or dying; where continued incarceration is likely to endanger life or is likely to reduce life expectancy significantly
• if the prisoner overseas is a minor
• as a last resort, in cases where we have prima facie evidence of a denial or miscarriage of justice, where we have made representations, but where those representations have failed to secure a remedy. In cases within this category, or reasons for supporting the plea would not normally be mentioned explicitly in the plea itself

Ministers will, as a general rule, mirror the policy applied by the UK prison services when considering applications for early release submitted by prisoners in the UK. This would be granted only where the death of a spouse would leave no-one to care for young children or the death of a parent would leave the surviving parent without support.

The FCDO would not normally consider a plea on compassionate grounds if a Prisoner Transfer Agreement exists between the UK and the sentencing state and a transfer could be completed within a reasonable time frame.

Decisions to support clemency pleas are taken at Ministerial level, taking all the circumstances of the case into account. British nationals imprisoned overseas may of course also submit appeals for clemency or pardons to the sentencing state independently without the support of the Foreign, Commonwealth and Development Office.

Any British national seeking the FCDO’s support for a clemency plea should in the first instance contact the British High Commission in Castries or write to:

Assistance Group
Consular Directorate
Foreign, Commonwealth and Development Office
Old Admiralty Building
The Mall
London
SW1A 2PA

Financial penalties

Your lawyer is best placed to advise you about any potential financial penalties attached to the prison sentence.

Transfer to another prison within St Lucia

You cannot be transferred to another prison within in St Lucia, as there is only one prison in St Lucia.

Transfer to a prison in the UK

The repatriation of prisoners between the United Kingdom and St. Lucia is governed by a bilateral prisoner transfer agreement signed in April 2006. The purpose of the agreement is to facilitate the transfer of foreign prisoners to their home countries in order to maintain close family ties and help their rehabilitation. This agreement is now in force.

If you wish to apply for a transfer, you may notify either the prison authorities or the British High Commission. You must be a British national or have close links with the UK. You must have at least 6 months of your sentence left to serve at the time the application is submitted.

The sentence must be final and enforceable (all appeals must have been completed and there should be no outstanding criminal proceedings). Finally, the offence committed must constitute an offence according to UK law.

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.

To request a transfer to a UK prison, you must write to the Ministry of Home Affairs.

Release and deportation

Foreign nationals are not usually permitted to stay in St Lucia after release and are deported on release from prison. Prisoners released will be the responsibility of the Immigration Department in St. Lucia.

The authorities in St Lucia do not pay for airline tickets for foreign nationals released from prison and deported from their territory. The High Commission in Castries cannot pay for airfares. If prisoners have no funds of their own, the FCDO will approach family or friends on their behalf to raise the airfare. If family or friends are unable to raise funds for airfare, foreign prisoners will remain detained by the Immigration Department in St Lucia until such time funds have been raised.

If your passport expires while you are in prison, you can apply for an emergency travel document. The High Commission can advise you on the process for this.

Sometimes people find that they face difficulties adjusting to life in the UK after they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s 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.

After 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)

Prisoners Abroad
89 to 93 Fonthill Road
London N4 3JH
UK

Annex

FCDO guidance

Support for British nationals abroad

Arrested abroad: advice for British nationals

List of English-speaking lawyers in St Lucia

Prisoners Abroad

Arrest and imprisonment

Prisoners Abroad authorisation form (PDF, 143KB)

Prisoners Abroad family contact form (PDF, 104KB)

Prisoners Abroad CFF form (PDF, 122KB)

Fair Trials International