Guidance

Information pack for British nationals arrested or detained in Switzerland

Updated 18 January 2022

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, but they 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 Switzerland 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 (and must do so if you want them to).
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance.
• friends or family can also contact the local British 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 even if you don’t 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 London, and in British Embassies, High Commissions and Consulates overseas.

Contact information

British Embassy Berne
Thunstrasse 50
3005 Berne
Switzerland

Tel: +41 (0)31 359 77 00 – Fax: +41 (0)31 359 77 65 – info.berne@fcdo.gov.uk www.gov.uk/world/switzerland Opening hours: Monday to Thursday: 9am to 5pm, Friday: 9am to 1pm

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 020 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff 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 citizen is arrested and detained in Switzerland, the Swiss authorities must inform the Embassy upon the prisoner’s formal request and it is their right to have this notification done by the authorities. However, we often learn of an arrest informally from friends or family. Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters.
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services.
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances.
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication.
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad.
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards.
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also 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
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being 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 can provide them with information about how to contact you. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. 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. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Switzerland.

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 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, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial 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 Switzerland

Visits – friends and family

Who can visit and how to arrange visits

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

Arrangements to travel to Switzerland to make a prison visit should never be made until it is clear that a permit has been issued by the prosecutor’s office and an appointment has been made. Doing so can only result in disappointment.

Relatives wishing to visit must first obtain a permit (DE: Besuchsbewilligung / FR: permis de visite / IT: permesso di visitare) from the relevant prosecutor’s office. This should be done in writing, enclosing evidence of identity (a photocopy of the identity page of their passport) and proof of their relationship (e.g. a copy of a marriage/birth certificate showing your name and theirs). Partners should also provide proof of this e.g. a joint bank account or shared residence or any other means. Others may also apply for a permit in the same manner but should enclose a letter explaining the reason for the request to visit.

When on remand the application should be submitted to the prosecutor in charge of the case. A prosecutor (DE: Staatsanwalt / FR: procureur / IT: magistrato) has the authority to refuse permission for a visit by even the closest members of family if he/she considers it not to be in the interest of his investigation.

A person wishing to apply for a visiting permit after a final sentence has been pronounced and all appeal procedures have been exhausted can do so to the Prison Governor.

If help is required with arranging a first visit, Consular staff or your lawyer can help you do this.

What to expect when you visit

Visiting arrangements differ from prison to prison. Please check with the relevant prison authority.

What you can take on your visit

Regulations about permitted items vary from one prison to another. Therefore, families should contact the Consulate in advance of their visit so we can provide them with updated information. The prisoner can request the list of authorised and prohibited items from the prison.

Visits – Consular staff

During our initial Consular visit 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. Our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to Next of Kin you should let us know during the visit.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

The police must tell the arrested person in a language that they understand:

• the reason for the arrest;
• that preliminary proceedings have been commenced against the accused, and of the offences that are the subject of the proceedings.

The Public Prosecutor must be immediately informed about the arrest.

Detained persons should be told of their rights in a language that they understand. They have the right to:

• remain silent
• refuse to cooperate in the proceedings
• appoint a defence lawyer of their choice or request the assistance of a duty defence lawyer
• request the assistance of an interpreter
• inform their next-of-kin
• for minors or disabled persons, the legal representative must be informed;
• inform the British Embassy

Do not sign any documents you do not understand.

Appearing at court

The court in which the accused will appear at is chosen by the Public Prosecutor and depends on the penalty that will be proposed.

Summary offence:

If the accused person has accepted responsibility for the offence in the preliminary proceedings or if their responsibility has otherwise been satisfactorily established, the public prosecutor shall issue a summary penalty order if any of the following sentences are appropriate:

• a fine;
• a monetary penalty of no more than 180 daily penalty units;
• a custodial sentence of no more than 6 months.

Types of courts:

District Criminal Court, for:

• contraventions
• crimes and offences for which the Public Prosecutor proposes a custodial sentence of no more than 3 months or a monetary penalty of no more than 90 daily rates

Correctional Court, for:

• Crimes and offences for which the Public Prosecutor proposes a custodial sentence of more than 3 months but not exceeding two years, or a monetary penalty of more than 90 daily rates.

Criminal Court, for:

• a custodial sentence of more than two years;
• indefinite incarceration
• in-patient therapeutic measures
• in cases where a suspended sentence and a custodial sentence of more than two years must be revoked at the same time.

Accelerated proceedings:

At any time prior to bringing charges, the accused may request the Public Prosecutor to conduct accelerated proceedings provided the accused admits the matters essential to the legal appraisal of the case, and recognises the civil claims. Accelerated proceedings are not possible in cases where the Public Prosecutor requests a custodial sentence of more than five years.

Initial arrival at the prison

The British Embassy cannot store your personal belongings on your behalf. However, passport and driver´s licence are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV).

Prison: conditions and daily life

Accommodation

A typical prison cell in Switzerland usually contains a bed, toilet, sink, desk, chair and ashtray. Sometimes a television is installed in the cell, depending on the prison. Overcrowding can be a problem so a single cell cannot be guaranteed. All basic needs, such as food, bedding, towels, paper, etc. are provided.

Food and diet

The prison authorities have assured us that the food they provide is a balanced diet supplying the necessary daily nutritional requirements. A special diet can be provided on medical (e.g. diabetes, high blood pressure) or religious grounds. This does also apply to vegetarians. You can supplement your diet by buying fruit and other items from the prison shop, when available. Tap water is perfectly safe to drink everywhere in Switzerland.

Hygiene

Toilet and shower facilities vary from one prison to another. All basic toiletries are provided as well as a starter kit containing in particular; soap, shampoo, toothbrush & toothpaste, shaving material, comb, personal mirror. Shower facilities are available and inmates are able to take a daily shower.

Work and study

Depending on the prison you are detained in, you may be able to obtain work. Various work opportunities are available like painting, cooking, etc. A small wage is paid to working prisoners.

Contact and languages

Most prisons have some English books and other reading materials in their library.

If the prison gives you permission, you can order books directly from publishers. With permission, you can receive English newspapers and magazines on subscription. You should explore this with your Social Worker and/or the prison authorities. Always confirm in advance with the prison that there is no objection to you ordering a particular book, magazine or newspaper. Reading materials sent without prior permission will not be accepted by the prison.

There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Some prisons allow you to take part in sports activities, drama groups, concerts, woodwork activities, metalwork, car building, fitness, concerts etc.

Most prisons offer language courses. Learning and development opportunities may vary from prison to prison. Please enquire with the prison authorities if they offer this option.

Exercise

If a prisoner is not assigned to outdoor work, you are allowed at least one hour outdoors every day. Walking in groups and conversation with other prisoners in the exercise group is allowed. Communication to other prisoners who are not outside taking part in exercise is not permitted (i.e. prisoners who are trying to communicate with you through their cell windows).

Climate

The Swiss climate is moderate with no excessive heat, cold or humidity. From July to August the daytime temperature range is 18 to 28 °C and from January to February the range is -2 to 7 °C. In spring and autumn, the daytime temperature range is 8 to 15 °C. Appropriate clothing will be provided by the prison authorities.

Religion

Prisoners are entitled to take part in religious services of their choice, and religious pluralism in Swiss prisons is not a problem. Religious counselling can be requested.

Rules and regulations (including drugs)

It is widely known that drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc) and alcohol you will be punished accordingly. As a result you may lose your job or school place and might be sent to confinement for a period. In addition you can be prosecuted accordingly for the use, possession and trafficking of illegal drugs. Tobacco cigarettes are allowed inside Swiss prisons.

Prison: access to help and services

Receiving money

There are 2 ways in which 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 can’t 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 British 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. Please note that you cannot have cash sent to you in the post.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. 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.

All Swiss prisons accept bank transfers. In some cases, money can be transferred to the prison by other means (e. g. postal money order/Western Union). Please enquire with the prison authorities if this option exists.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, 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, Switzerland is responsible for ensuring your basic medical needs are met.

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. In some large prisons it can be difficult to get an early appointment but if the situation is urgent you should contact the prison authorities, who may be able to get you an appointment more quickly than through the usual channels.

The frequency of infectious disease is higher among the prison population than in the community. The Swiss Epidemics Act obliges all prisons to protect prisoners from the risk of infection and to provide medical treatment for them.

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.

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 your doctor in the UK. Your UK doctor can send the report, via the Embassy, addressed to you.

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

Letters and parcels

There is usually no limit to the number of letters you may send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Please be aware that the prison might read your letters before sending them to the recipient (exception; correspondence with legal representative – contents will not be checked). If you are told you are not allowed to receive letters in English, you should notify a Consular Officer and we will liaise with the prison.

Usually mail in French, German, Italian or English is distributed to the prisoner as soon as it arrives to the prison and has been checked by the prison staff. If some correspondence is written in another language, it will be first translated by personnel outside the prison. This procedure may cause significant delays between the date of the mail reception by the prison and its effective delivery to the prisoner.

On request, prisoners can also ask for letter paper or envelopes. Other items can be purchased directly from the prison store which most of the prisons offer.

Our Consular staff will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health issue for which you need our help or if you have serious concerns for your safety please raise any issues with us during Consular visits.

You can receive parcels from your family. Please be aware that parcels should be sent directly to the prison; parcels sent to the Embassy will not be forwarded to you. Parcels must have the name and details of the sender otherwise the parcel will be refused.

A list of acceptable items to be received by the prisoners is available from the prison.

Telephone calls

Telephone calls must be authorised by the prison authorities. However a lengthy period can pass by between the prisoner´s request and the effective access to the phone. Regulations and procedures vary from one prison to another. Phone messages will be forwarded to you only in case of an emergency. Detainees are usually allowed to purchase phone credit or a phone card, which allows them to make domestic and international outgoing calls. It’s not possible for a detainee to receive incoming calls.

Making a complaint about mistreatment

If you have been mistreated, please 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 inform you of 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, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Chapter 3: The Swiss judicial system

Overview

The juridical system is organised in three grades of judgement;

1. Trial (First Instance – cantonal level)
2. Appeal (Second Instance – cantonal level)
3. Federal Supreme Court (Third and last Instance – federal level)

Your lawyer will be best placed to provide comprehensive information about Swiss judicial system.

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 will be taken to a prison facility; it is possible that you will spend a few nights at an airport holding cell or police station. In some cases you might be taken to a detention centre, which has slightly inferior standards in comparison to other prisons.

At the moment of your arrest you should be made aware of your rights;

1. Right to appoint a legal representative from the start

You will be accused by the prosecutor’s office (DE: Staatsanwaltschaft / FR: Ministère public / IT: Pubblico ministero) and if you can’t afford a private lawyer the Swiss government will appoint a public defender for you.

1. Right to a translator from the first police hearing

The officer that arrested you might want to take a statement from you. This has to be done with a translator or someone who can speak English.

1. Right to refuse to give information

Please note: “Yes/No” or “I don´t know” is considered a statement.

The police are obligated to inform your relatives of your arrest upon your request. You should inform the authorities if you wish the British Embassy or your employer to be informed additionally.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer.

How long you can be remanded in custody

The police establish the identity of the arrested person immediately after the arrest, informs him or her of the reason for the arrest in a language the person can understand and cautions the person as to his or her rights. Thereafter, they inform the public prosecutor immediately of the arrest. They then question the arrested person on the suspected offences and carry out appropriate investigations immediately in order to substantiate or rebut the allegations and any other grounds for detention. If investigations reveal that there are no grounds for detention or such reasons no longer apply, they then release the arrested person immediately. If the investigations confirm the suspicions and any grounds for detention, they hand the person over to the public prosecutor immediately.

Release or handover in any case takes place at the latest within 24 hours; if the person was stopped before the arrest, then the period while stopped is taken into account when calculating the time limit.

The public prosecutor questions the person immediately and gives the person the opportunity to make a statement regarding the suspected offence and the grounds for remand. If the suspicions and the grounds for remand are confirmed, the public prosecutor immediately applies to the compulsory measures court, but at the latest within 48 hours of the arrest, for the person to be remanded in custody or for an alternative measure. If the public prosecutor decides against applying for remand, it orders the accused’s immediate release. If it applies for an alternative measure, it takes the required preventive measures.

On receipt of the application from the public prosecutor, the compulsory measures court immediately arranges a private hearing with the public prosecutor, the accused and his or her legal representation; it may require the public prosecutor to participate. Any person who is permitted not to attend the hearing may submit applications in writing or make reference to earlier submissions. The compulsory measures court gathers all the immediately available evidence that may substantiate or rebut the suspicions or the grounds for detention.

The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application. It gives immediate notice of its decision to the public prosecutor, the accused and his or her defence lawyer orally, or, if they are absent, in writing. It then provides them with a brief written statement of the grounds. If it orders the accused to be remanded, it informs the accused that he or she may file an application for release from remand at any time. In its decision it may: stipulate a maximum term for remand; instruct the public prosecutor to carry out specific investigative activities; or order alternative measures to remand.

If it decides not to order the accused to be remanded, the person is released immediately.

If the period on remand ordered by the compulsory measures court expires, the public prosecutor may file an application to extend the period of remand. The public prosecutor files a written application stating the grounds with the compulsory measures court. The compulsory measures court gives the accused and his or her defence lawyer the opportunity to inspect the files in its possession and to respond to the application in writing. It may order the provisional continuation of remand pending its decision. The proceedings are normally conducted in writing, but the compulsory measures court may order a hearing, which is held in private. An extension of the period on remand may be granted for a maximum of 3 months, or in exceptional cases for a maximum of 6 months.

Remand begins when it is ordered by the compulsory measures court and ends either with the receipt of the charge by the trial court, the accelerated commencement of a custodial sanction, or with the accused’s release during the investigation.

Preventive detention is the period of detention between the time of receipt of the charge by the trial court and the issue of a final judgment, the commencement of a custodial sanction, or the accused’s release.

Remand and preventive detention are only permitted if there is a strong suspicion that the person has committed a felony or misdemeanour and there is a serious concern that the accused:

• will evade criminal proceedings or the anticipated sanction by absconding;
• will influence people or tamper with evidence in order to compromise efforts to establish the truth; or
• will pose a considerable risk to the safety of others by committing serious felonies or misdemeanours as he or she has already committed similar offences.

Detention is also permitted if there is serious concern that a person will carry out a threat to commit a serious felony.

The accused may apply to the public prosecutor at any time. The application must be accompanied by a brief statement of grounds.

Therefore the period between arrest and trial is often quite long and can vary greatly. Although it can be very distressing both for the detained person and for the family, it is not possible to obtain priority for British nationals.

After you are charged

The courts will inform you, your lawyer/public defender and the prison authorities of your charge. If you don’t have a private lawyer you will be assisted by public defenders who will put forward requests for options such as semi-open, parole etc, as soon as you are entitled to them. Your lawyer/public defender will be best placed to advice on this matter.

Bail

Swiss penal procedure may allow person charged with an offence to remain at liberty (e.g. on bail). Applications for bail are unlikely to be accepted in the case of a person who is usually resident outside Switzerland. Serious crimes like drug trafficking don’t have provision for bail. Your lawyer/public defender will be best placed to advice on this matter.

The FCDO is not able to facilitate the transfer of bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

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

Normally, if you hire a private lawyer they will ask for a prepayment for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a public defender, and if later on you decide to hire a lawyer the case will be transferred to the new lawyer.

Trial

On your trial day, you will be taken to the court office where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer or public defender. If you don’t speak German/French/Italian the court will be responsible for hiring an interpreter to assist you during the trial.

Proceedings before the court of first instance and the court of appeal, together with the oral passing of judgments and decrees of these courts will, with the exception of the judges’ deliberations, be conducted in public.

Sentences

Sentences vary in Switzerland and will depend on the seriousness of the crime. Your lawyer/public defender will be best place to advise on length of sentences and on appeals’ processes.

Appeals

You have the right to appeal against your sentence through your lawyer or public defender. It is usual for the public defender to appeal against your first sentence in any case. However, the appeal process is usually very slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided. In such cases a lawyer’s opinion of the case is strongly recommended before proceeding.

Reaching the end of your sentence

Reduction of sentence (remission)

At any time prior to bringing charges, the accused may request the public prosecutor to conduct accelerated proceedings provided the accused admits the matters essential to the legal appraisal of the case and recognises, if only in principle, the civil claims. Accelerated proceedings are not an option in cases where the public prosecutor requests a custodial sentence of more than five years. For your benefit under this provision it is important that your conduct whilst in prison is good. Your lawyer is best placed to advise you on reduction of sentence (remission).

Early release

The following are known as “benefits”;

• Semi Open

Semi Open is a special regime in which the prisoner can work outside prison during the day and return to the prison at night. In this regime you can apply to spend some time outside prison on special occasions/holidays (temporary leave – see below). This is subject to the prison Semi Open area being available.

• Temporary Leave

Temporary Leave consists of authorisation to leave the prison for a maximum of 7 days, usually during public holidays.

• Open Regime

The prisoner will serve their sentence outside the prison, with certain restrictions regarding hours and places they can visit; they will have to periodically present themselves to a judge.

• Parole

In this regime the prisoner serves the remainder of their sentence outside the prison. Proof of residence in Switzerland is needed.

The requirements to apply for any of the above benefits are defined by law and you can find out more information from your lawyer or the prison staff.

You should bear in mind that you cannot leave Switzerland until your sentence is finished. Your lawyer will be able to assist you in case you decide to apply for any of these benefits.

Clemency or pardon?

The petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse, or registered partner.

In the case of political felonies and misdemeanours and in the case of offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure.

The pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period. A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence. The pardon decree specifies the extent of the pardon.

Financial penalties?

A financial penalty may be added to a prison sentence on particular occasions.

During detention, no financial penalty may be inflicted on the prisoners because of infringement of the internal prison rules.

However, the Swiss criminal code also applies for actions committed inside the prison (especially material damages that may be caused by the prisoner during his detention inside his cell or during various activities) and financial sentences may be inflicted in case of a breach of the law.

A sentence for a drugs-related offence invariably includes a customs fine that is calculated in direct relation to the estimated value of the drugs involved. Non-payment of the fine results in an additional period of detention.

Custom fines may also be imposed for fraud offences, smuggling of tobacco, cigarettes and other ´highly taxed goods´. It is sometimes possible to negotiate a reduction of the fine, but the customs authorities are not obliged to accept anything else than the full amount.

Consular officers cannot intervene in the negotiations which should be carried out by a prisoner or their legal representative. The process of negotiating a reduction of the fine is liable to be frustratingly slow.

Transfer to another prison within Switzerland

If you had a trial and you were convicted, you will be sent to a prison where you can expect to serve your sentence. A detention centre offers generally better living conditions, such as a single cell, greater access to study programmes and availability of telephones. After being sentenced working in the prison is a legal requirement in Switzerland.

Transfers to another prison are only permitted when there are justified or compassionate reasons for doing so. We would recommend you ask your lawyer and the prison authorities with regards to potentially being transferred to another Swiss prison.

Transfer to a prison in the UK

There is a Prisoner Transfer Agreement between the UK and Switzerland.

Prisoner Transfer Agreements (PTAs) allow prisoners to transfer to serve the remainder of their sentence in their own country. This enables them to be closer to family and friends in an English-speaking environment and permits them to benefit from pre-release courses available in British prisons.

You should normally make your application to the prison authorities in your place of detention but, if you prefer, you can write to the Embassy, who will pass on your letter to the relevant UK authorities. The UK authorities will then make an application to the foreign authorities on your behalf. Please note that the transfer process can be very slow and bureaucratic.

A prisoner does not have an automatic right to transfer. Each request is considered on its individual merits. The UK and the country in which the British prisoner is held have the right to refuse a request.

The basic criteria for eligibility to apply for transfer are:

• Criminal proceedings in the foreign country must be complete. The prisoner cannot be transferred if they are awaiting trial or the outcome of an appeal;
• The prisoner must normally have at least 6 months of the sentence left to serve at time of application, but Agreements with some countries require the prisoner to have 1 year of the sentence left to serve;
• The offence for which the prisoner was convicted must constitute a criminal offence in the UK;
• The prisoner must have no outstanding fines (prisoners can start the application process while the fine is outstanding but the fine must be paid before the transfer can take place) or other non-custodial penalties;
• Other conditions may apply, depending on the specific transfer arrangements with each country.

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

To find out more about transfers to the UK:

In prison abroad: transfer to a UK prison

Release and deportation

If Switzerland’s interior or exterior security is considered to be threatened by a prisoner, the Federal Police may decide on their deportation. The decision to deport is combined with a limited or unlimited banning order regarding the Swiss territory. If a prisoner is deported by plane, they will be informed of the decision prior to the deportation and will be authorised to put their urgent personal affairs in order. A medical exam will occur prior to deportation.

If the prisoner is released and they do not have an expulsion order issued against them, they can leave the country at any time at their own expense.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your 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 020 7367 4888, Monday to Friday 8am to 4pm, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 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 therefore 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 overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also 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 during your imprisonment. In order to access any services, prisoners 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 will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4.30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Translation of useful terms: English into German

English	German
Abduction	Entführung
Access to file (by lawyer)	Zugriff auf Akte
Accomplice	Mitschuldige
Accused	Angeklagte
Acquitted	Freigesprochen
Adjudication	Entscheid
Affidavit	Schriftliche eidliche Erklärung
Appeal	Anfechtung
Appeal for error	Anfechtung infolge eines Fehlers
Application	Antrag
Application form	Antragsformular
Assessment of evidence	Bewertung der Beweise
Blood test	Blutuntersuchung
Board of prison governors	Direktorium des Gefängnisses
Cell	Zelle
Charge	Anklage
Chief Prosecutor	Staatsanwalt
Clemency	Gnade
Complaints system	Klagemethode
Completed file	Abgeschlossene Akte
Consent	Zustimmung
Conviction	Urteil
Court appearance	Erscheinen vor Gericht
Courthouse	Gerichtsgebäude
Criminal prosecution	Strafrechtliche Verfolgung
Criminal record	Vorstrafenregister
Custody order	Haft Verordnung
Guilty	Schuldig
Hand cuffed	Mit angelegten Handschellen
Hearing (first)	Anhörung (erste)
Human rights	Menschenrechte
Hunger strike	Hungerstreik
Imprisoned	Gefangen sein
Imprisonment	Freiheitsentzug / Haftstrafe
Judge	Richter
Judgement	Urteil
Lawyer	Anwalt
Lawyer’s charges	Anwaltsgebühren
Legal aid	Rechtshilfe
Notary	Notar
Out-of-court settlement	Aussergerichtliche Einigung
Parole (conditional release)	Bewährung
Prison house rules	Gefängnis Hausordnung
Prison warden	Gefängniswächter
Prisoner	Gefängnisinsassender
Proceedings	Prozess
Release	Freilassung
Roll call	Anwesenheitsappell
Suspended sentence	Strafe auf Bewährung
File an application	Einen Antrag einreichen
Sentence	Gerichtsurteil
Will	Testament
Witness	Zeuge

Translation of useful terms: English into French

English	French
Abduction	Enlèvement
Access to file (by lawyer)	Droit au dossier (par Avocat)
Accomplice	Complice
Accused	Accusé
Acquitted	Acquitté
Adjudication	Jugement/décision du juge
Affidavit	Déclaration sous serment/l’honneur
Appeal	Faire appel
Appeal for error	Faire opposition à une décision
Application	Demande
Application form	Formulaire de demande
Assessment of evidence	Evaluation des preuves
Blood test	Analyse de sang
Board of prison governors	Conseil des directeurs de prison
Cell	Une cellule
Charge	Accusation
Chief Prosecutor	Procureur général
Clemency	Clémence
Complaints system	Service de réclamation / plaintes
Completed file	Dossier complet
Consent	Consentement
Conviction	Condamnation
Court appearance	Passer devant le tribunal
Courthouse	Salle de tribunal
Criminal prosecution	Accusation pénale
Criminal record	Casier judiciaire
Custody order	Ordre de détention préventive
Guilty	Coupable
Hand cuffed	Menotté
Hearing (first)	Audience (première)
Human rights	Droits de l’homme
Hunger strike	Grève de la faim
Imprisoned	Détenu / incarceré
Imprisonment	Détention / incarcération
Judge	Juge
Judgement	Jugement
Lawyer	Avocat
Lawyer’s charges	Honoraires légales
Legal aid	Assistance judiciaire
Notary	Notaire
Out-of-court settlement	Arrangement à l’amiable
Parole (conditional release)	Liberté conditionnelle
Prison house rules	Règlements de la prison
Prison warden	Gardien / surveillant de prison
Prisoner	Détenu /Prisonnier
Proceedings	Procès
Release	Libération
Roll call	Appel
Suspended sentence	Condamnation avec sursis
File an application	Déposer une demande
Sentence	Peine / condamnation
Will	Testament
Witness	Temoin

Translation of useful terms: English into Italian

English	Italian
Abduction	Rapina
Access to file (by lawyer)	Accesso agli atti
Accomplice	Complice
Accused	Accusato
Acquitted	Assolto
Adjudication	Decisione
Affidavit	Dichiarazione critta al giuramento
Appeal	Appello
Appeal for error	Appello per errore
Application	Domanda
Application form	Foglio di domanda
Assessment of evidence	Valutazione risulta
Blood test	Analisi del sangue
Board of prison governors	Direzione della prigione
Cell	Cella
Charge	Accusa
Chief Prosecutor	Procuratore
Clemency	Grazia
Complaints system	Metodo cheta sporto reclamo
Completed file	Atti chiusi
Consent	Consenso
Conviction	Sentenza
Court appearance	Apparire alla corte
Courthouse	Corte
Criminal prosecution	Persecuzione criminale
Criminal record	Fedina penale
Custody order	Regolamento detenzione
Guilty	Colpevole
Hand cuffed	Con le manette
Hearing (first)	Audizione
Human rights	Diritti umani
Hunger strike	Sciopero della frame
Imprisoned	Imprigionato
Imprisonment	Arresto
Judge	Giudice
Judgement	Giudizio
Lawyer	Avocato
Lawyer’s charges	Costi dell´avocato
Legal aid	Patrocinio
Notary	Notaio
Out-of-court settlement	Accordo extragiudiziale
Parole (conditional release)	Prova
Prison house rules	Regole della prigione
Prison warden	Custode della prigione
Prisoner	Prigioniero
Proceedings	Processo
Release	Rilascio
Roll call	Appello nominale
Suspended sentence	Punizione con la condizionale
File an application	A richiesta
Sentence	Sentenza
Will	Testamento
Witness	Testimone

Annexures

1. FCDO leaflet: Support for British Nationals Abroad: Summary
2. FCDO leaflet: In Prison Abroad: Transfer to a UK Prison
3. List of English-Speaking Lawyers
4. List of Private Translators/Interpreters
5. Prisoners Abroad Forms