Arrested or in Prison in St Vincent and the Grenadines
This guide provides information about being arrested in St. Vincent & the Grenadines and what conditions are like in prison there.
Contacting the British embassy or consulate
The British High Commission in Bridgetown, Barbados can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer.
Family and friends can contact:
- the British High Commission in Barbados
- the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Barbados
Consular Section
PO Box 676
Lower Collymore Rock
St Michael BB11000, Barbados
Telephone: +1 (246) 430 7800
Office hours: Monday to Thursday 8:00am to 4:00pm, Friday: 8:00am to 1:00pm
Finding a lawyer and translator
Find a lawyer in St Vincent & the Grenadines
You should carefully consider getting a local lawyer that practices in St. Vincent & the Grenadines. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to St. Vincent & the Grenadines).
Private lawyers
Check the Find a lawyer in St. Vincent & the Grenadines if you want to appoint your own private lawyer. Ask the consulate if you want a paper copy of this list.
Legal aid
There is no legal aid in St. Vincent & the Grenadines for foreign nationals.
What happens when you’re arrested in St. Vincent & the Grenadines
You can be arrested and taken to a local police station:
- because of an existing arrest warrant
- where there are grounds for issuing an arrest warrant
- if you’re caught in the act of performing a crime
- if it’s expected you’ll leave the country to escape justice
- your identity cannot be confirmed
The police must tell you in English (or a language you understand)
- why you have been arrested
- that initial proceedings against you have started
- your rights
Do not sign any documents unless you understand them. You must be given an interpreter if you ask for one.
Your rights
You have the right to:
- remain silent
- refuse to cooperate in the proceedings
- appoint a defence lawyer of your choice.
- ask for an interpreter
- tell your next-of-kin you have been arrested
- tell the British High Commission that you have been arrested
After arrest, detainees are kept in police custody for up to 24 hours before transfer to prison, although this may be delayed until the next working day if it falls over a bank holiday.
How long you can be held for
The length of time you can be held without charge or before appearing before a judge is usually 48 hours. However, this may vary based on the circumstances.
Personal belongings
When you are arrested, any personal belongings that are not required as part of the investigation or held as evidence may be transferred to the prison, if there is enough space to store them. These items are usually stored in a secure area. Where appropriate, arrangements can be made for them to be returned to your family.
For certain offences, there is no guarantee that personal belongings will be returned. The police are legally entitled to retain or destroy items seized as evidence.
Prisoners on remand may be allowed to wear their own clothing, although restrictions may apply to certain items. You should check with the prison for further information. Sentenced prisoners will be issued with a prison uniform. If you have questions about your personal belongings or the process, you should speak to your lawyer. They are best placed to provide advice on your specific case.
Be aware that the British High Commission cannot trace or store any personal belongings of British nationals imprisoned in St. Vincent & the Grenadines.
Going to court
You will usually appear before a magistrates’ court on the next working day after your arrest. If the offence is a minor one, the magistrate may seek to deal with the matter immediately, particularly if you plead guilty to the charge.
If you please not-guilty or the offence is of a serious nature, then the magistrate may postpone the case to a later date or possibly refer the case to the High Court. At this stage it is usual to appoint a lawyer to represent you.
At court the examining judge will discuss your case with you. They’ll decide if you will:
- be placed on remand to wait for your trial
- have to pay a fine
- be released without charge
Being put on remand
You may be put on remand if you’re strongly suspected of committing an offence. This means you’ll be put in prison while you wait for the criminal investigation and trial to finish.
Detainees on remand can be held at either of the facilities and are usually separated from sentenced prisoners.
How long you can be on remand for
The length of time on remand can vary significantly depending on the charges and can be several years in more serious cases, such as those involving drugs, sexual offences or murder. If you believe your time on remand is excessive, you should raise this with your lawyer.
Bail
Bail may be granted but this depends on the offence and the charges. Bail conditions in St. Vincent & the Grenadines, including payment, surrender of passports and any restrictions on movement, are set by the magistrate. Failure to comply with these conditions may affect your legal case and can result in further action by the magistrate.
The British High Commission cannot transfer bail funds for you.
Arriving at prison
When you arrive at the prison, you will be searched, registered and assigned to a cell. You’ll have your photo taken and get a prisoner number. You’ll be asked to give details like your:
- name, date of birth and nationality
- home address
- medical conditions or allergies
- religion, marital status and profession
- name and address of next of kin
You will be allowed to make a phone call and should ask prison authorities about the procedure for doing this. You can nominate up to 3 people to be contacted, including your next of kin.
Your next-of-kin will not be told you’re in prison unless you give your permission.
You can make a request to speak to the consular team who can contact family and friends in the UK on your behalf.
Your prison cell
Remand inmates are usually placed in a shared cell with up to 9 inmates per cell. Remand inmates are housed separately from inmates who have been sentenced. Cells are self-contained and include bunk beds, a wash basin and a toilet, while showers are communal. Female prisoners are accommodated in a separate wing where cells contain a toilet, wash basin and a communal shower area. Lights are usually switched off at 9pm local time.
Basic toiletries are provided but can be supplemented by the purchase of additional items from the commissary (shop) located on the compound.
Contacting the British High Commission.
Tell the prison if you want the British High Commission to know you’re in prison. After our first visit following notification of your arrest, we will usually visit you every 6months.
Medical check-up
A doctor will give you a check up within the first few days of being in prison. Tell the doctor about any medical conditions you already have. The doctor will decide if you need a special diet or any other medical treatment.
Contact British High Commission if you need help getting your medical notes from the UK.
Rights and responsibilities in prison
The prison must tell you your rights and responsibilities. Different offenses carry different consequences. You must familiarise yourself with the prison rules and code of conduct.
Privileges may be granted based on good behaviour. The prison will inform you of these once you have been detained. Where applicable, speak to your prison social worker or a prison official if you have any questions.
Visits from friends and family
Family and friends are permitted to visit inmates in person, but all visits must be prearranged. Only 2 people can visit at any given time. You, your family or friends can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
Inmates are allowed 2 visits a week whilst on remand and one visit per week when sentenced. Currently visits are allowed on Monday to Friday, 9am to 2pm. As arrangements can change, you should confirm visiting times with the prison.
Arranging visits
To arrange a visit, a request can be submitted by the inmate to the Chief Officer of Prisons. Alternatively, family/friends can contact the prison authorities on the following number to arrange an appointment Tel no. +1 784 456 1111. Once you are connected you must state which facility you wish to reach. They may also contact the British High Commission, and a consular representative will subsequently contact the prison on their behalf.
During the visit
Visitors should arrive at the prison at least 30 minutes before their appointment.
They must bring valid photographic ID.
Visits last 15 minutes. Longer visits are sometimes allowed on compassionate grounds or if visitors have travelled from the UK, however, this arrangement is discretionary.
What visitors can take with them
Visitors of foreign nationals are allowed to take in fruit and snacks on Mondays to Friday’s, while cooked food is only allowed on Wednesday’s and Thursdays. All other relevant items can be obtained from the inmates’ canteen (shop).
All bags will be searched and scanned before entry, and the authorities have the right to withhold items they deem unacceptable.
Visits from British High Commission staff
After our first visit following your arrest, we will usually visit you every 6 months.
During these visits, you can talk to us about:
- your health
- your treatment in prison
- any safety or security concerns
- any other issues you want to raise
If there is anything you do not want us to share with your next of kin, please tell us during the visit.
You can also write to us at any time if you have concerns. If your situation is urgent, it may be quicker to ask prison staff to contact us on your behalf.
Money
The British embassy or consulate does not provide financial assistance to prisoners.
Money transfers from family or friends
There are 2 ways in which you can receive financial assistance whilst in prison:
-
private funds deposited to you by family or friends
-
Prisoners Abroad is a British charity who can send a quarterly grant when funds are not available through family or friends
Family or friends can send you money by Western Union or MoneyGram. They cannot send you cash in the post.
Ask the prison authorities for the bank account information and any other information they may need to send money to you.
They must put certain details on the money transfer reference:
- prisoner’s name and date of birth
- prison name
- what the money’s for, for example the prisoner’s private fund account
Prison accounts
A commissary account will be set up for you, up to a maximum balance of XCD$500. Funds in this account can be used for phone calls, purchases from the canteen or other necessities. A prison official can explain how the system works and how you can receive and access the funds. can be received and accessed.
How to make a complaint about mistreatment
The British High Commission can help if you have been mistreated or abused and will take all complaints seriously.
If you have been tortured or 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 may also be able to raise your allegations of torture and/or mistreatment with the authorities.
Making a formal complaint in prison
If you wish to make a complaint, you can submit your request or complaint to the Chief Officer of Prisons in writing.
Your investigation and trial in St Vincent & the Grenadines
The British High Commission cannot interfere with the St. Vincent and the Grenadines judicial system. It cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.
Judges have the responsibility of carrying out a detailed assessment of all the facts about your case. Their final decision will be based on these findings.
The trial starts when the investigation is finished.
Choice of court
The St. Vincent and the Grenadines judicial system is very similar to that of the UK.
The Magistrate’s Court deals primarily with:
- criminal matters that fall under summary jurisdiction
- preliminary inquiries for indictable offences
- family and civil matters such as maintenance, protection orders, and landlord-tenant disputes
- traffic violations and minor offenses
Magistrates preside without juries and often serve as the first point of contact for legal proceedings before cases escalate to the High Court.
The type of court your case will be heard in normally depends on how serious the alleged offences are.
Completion of investigations
While you’re on remand before the trial, the public prosecutor’s office investigates the charges against you.
This can include things like:
- questioning you and the witnesses
- getting expert opinions
- getting police investigative summaries
- examining laboratory reports
The investigation stage is finished when the public prosecutor believes they have enough evidence to take you to trial or they decide to end the case and release you.
Bill of indictment
If your case goes to trial, you will be given the ‘bill of indictment’. It will say:
- what you’re accused of
- which laws may have been broken
- what the evidence is
If you think the charges are incorrect, you’ll be given time to say why. You can also apply for further evidence to be considered if you think it will help you.
Verdict
The judge will read the verdict out after the closing statements. They will explain exactly what parts of the law have been used to reach it.
The courts will inform you, your lawyer and if applicable, the prison, of their decision. The penalty for an offence can range from a reprimand to a fine and/or a prison sentence.
If the defendant cannot pay the fine, he or she is sent to prison for a sentence set by the magistrate. The sentence can be reduced if the fine is paid. As a sentence is served, the size of the fine is proportionally reduced, thus making it easier to pay off. Defendants who are foreign nationals are remanded in custody at the HMP Facility in Kingstown.
Sentences
Sentences for an offence can vary greatly and will depend on the seriousness of the offence. Your lawyer will be best placed to advise you on the length and appropriateness of the sentence.
Sentences can include:
- time in prison
- fines
- a suspended sentence (a punishment outside prison during which you might need to meet certain conditions, for example do unpaid work, or you will be sent to prison)
Making an appeal
There is usually the right to appeal against your sentence through your lawyer. Your lawyer is best placed to advise you on the appeal process.
Prison conditions in St Vincent & the Grenadines
The Kingstown facility can accommodate up to 129 male prisoners. The Belle Isle facility can accommodate up to 255 male prisoners, with up to 9 inmates in each cell.
A separate women’s unit at Belle Isle can accommodate up to 50 female prisoners, with up to 4 prisoners in each cell. There is no separate facility for young offenders.
Letters and packages
There’s usually no limit to how many letters you can send or receive from the prison.
Your prisoner number needs to be written on all letters you send and receive.
You can receive letters and parcels, but these will be strictly controlled and restrictions may apply.
Mail should be sent directly to the Prison at the following address:
F.A.O (Inmates Name)
C/O Chief Officer of Prisons
HMP Kingstown
Or:
Belle Isle Correctional Facility
St. Vincent & the Grenadines
Receiving packages
You may have to make an application to receive packages. Check with the prison to see what can and cannot be sent to avoid parcels being returned and check other restrictions (for example, maximum size and weight, and type of packaging).
You’re not allowed to receive food or luxury goods.
The person sending the parcel must take care of any customs paperwork and possible charges when they send the parcel to avoid it being returned.
Stationery and stamps
To send a letter, you must complete a letter form and provide the recipient’s address. The completed form and letter must be submitted to the Chief of Prisons for security checks. Once approved, the letter will be stamped with the official prison stamp and sent to the recipient.
The judge can restrict or stop your letters if they think they may harm legal proceedings. You will be told if a letter is withheld for evidence in your case.
Checks on mail
All mail is subject to strict censorship procedures and will be read and checked before reaching you.
Telephone calls
Inmates can make local and international calls using their prison account, provided there is sufficient credit. Calls can continue until the available credit is exhausted, at which point the call will disconnect.
If you have a matter of a ‘serious nature’ which you need to discuss with consular staff on the telephone you may ask the authorities to pass a message to the British High Commission on your behalf. We will then make a telephone appointment to speak with you. We will only do this if we consider the issue to require urgent attention.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in St Vincent & the Grenadines.
If you need medical or dental treatment you should make an appointment to see the prison doctor. Routine treatment is funded by the prison; however, this does not apply to specialist or non-essential treatment. Dental treatment is available when required and may include routine procedures such as fillings and extractions.
There is an appointment system to see the doctor who visits the prison on Mondays. Non-urgent cases are usually seen during these visits. In urgent cases, inmates at Kingstown are taken to the nearby hospital, while inmates at Belle Isle are taken to the nearest medical facility, or to the hospital in Kingstown for more serious matters. Basic medical care is provided free of charge.
There is a small infirmary inside the prison for those who require hospitalisation.
For information about how Prisoners Abroad can help with medical requirements please see Prisoners Abroad.
Treatment for a new illness or condition
Speak to the prison guards or your social worker if you need medical or dental treatment.
The doctor only visits weekly, so submit the request as soon as possible.
Prison doctors are often similar to UK GPs (general practitioners). If you have an unusual or complex condition you might be referred to a specialist outside the prison.
Existing conditions
The British High Commission can try to make sure the prison knows about any medical or dental issues you have if you want it to. It can also talk to your UK GP to help get your medical records sent to the prison.
You might be transferred to a hospital with a police guard if your condition cannot be treated in prison.
Drug and alcohol addiction
There are no specialist facilities for drug and alcohol addiction.
Talk to the prison doctor as soon as possible if you feel you need treatment for your drug and alcohol addiction.
The prison may be able to make recommendations about adjustments for addiction issues.
Mental health care
There are no specialist facilities for mental health care. Consult the prison doctor.
Talk to the prison doctor as soon as possible if you feel you need treatment for your mental health. For example, if you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Food and diet
Food is prepared in the kitchen area and served 3 times daily. Inmates are required to collect their meals from the collection area and take it back to their dorms. The prison authorities assure us that the food they provide is a balanced diet giving the necessary daily nutritional requirements (e.g. meat, rice, bananas, bread, beans, and peas). There is little opportunity to buy supplements for your diet in the prison, although visiting family members or friends are permitted to bring food items. Prisoners can buy extra food from the prison shop. Clean drinking water is available.
Special diets
A special diet can only be approved where the prison doctor gives authority on medical grounds. Vegetarians may not fall into this category, nor will special diets related to religious beliefs. Your diet can be supplemented by purchasing items from the prison ‘canteen’ when available.
Prison shop
There is a prison shop or commissary where you can access food, and toiletries. Check with the prison for its opening and closing times.
Showers
Basic toiletries are provided but can be supplemented by the purchase of additional items from the ‘prison shop’ as needed. Communal showers are available for use every day.
Work and study
Those serving sentences can work, but due the limited types of jobs available, demand regularly exceeds supply. Opportunities are currently available on the prison farm and kitchen. Applications to work should be submitted to the Chief of Prisons.
There are also opportunities to apply for literacy courses when available. Books, languages and activities
Library facilities can be subject to supervision, but you can access a range of books via the prison’s library service which can be taken back to your cell. Books being taken to cells will be security checked.
You might be able to:
- order books directly from publishers or authorised websites
- subscribe to English newspapers or magazines
Ask the prison. You always need permission before ordering a particular book, magazine or newspaper.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Exercise
Inmates housed at the Kingstown facility are allowed 2 hours of recreation daily. At the Belle Isle Facility, recreation times are extended to a maximum of 3 to 4 hours daily. Inmates’ resident at the Belle Isle Facility, can use the indoor recreation room provided an indoor recreation room.
Clothing
Remand prisoners may be allowed to wear their own clothing, although restrictions may apply to certain items. You should check with the prison for further information. Sentenced prisoners will be issued with a prison uniform.
Religion
You are allowed to take part in religious services of your choice. You also have the right to receive visits from a priest, rabbi or minister of your faith.
Mobile phones
Mobile phones are strictly forbidden in both prison facilities in St. Vincent & the Grenadines. You will be disciplined if you or anyone visiting you are found with one. This may include losing your job or affecting your release date. Visits could also be suspended.
Transferring to another prison
Transferring to another prison in the UK
There is currently no prisoner transfer agreement between the UK and St Vincent and the Grenadines.
Transferring to another prison in St Vincent and the Grenadines
Inmates are usually remanded at HMP, Kingstown for shorter sentences but can be transferred to the Belle Isle facility if the remand or sentence is long term.
Early release
Circumstances which can result in early release may vary. Your lawyer is best placed to advise you on the possibility of early release.
You can sometimes have your sentence reduced, especially if you are a first-time offender. Clemency or pardon is possible in some rare cases. You can also sometimes pay a fine instead of spending time in prison.
Reduction of sentence (remission)
At the time of sentencing, the magistrate or judge has the option to decide if time which has already been served on remand will be taken into consideration; this is not an automatic right. Once convicted, prison authorities will advise prisoners of the terms of their sentence, including the expected date of release. It is normal practice for prisoners to serve at least two-thirds of their sentence.
Clemency or pardon
Your lawyer is best placed to consider the nature of your offence and advise you on the possibility of clemency or pardon.
Paying a fine instead of detention
If your sentence includes a fine, the verdict must say how many days you would have to spend in prison if you did not pay the fine.
Release and return to the UK
You can contact the British High Commission Bridgetown if you need help when you’re released.
Deportation
The prison authorities will inform you of your release date as you near the end of your sentence. In turn, the British High Commission can assist in informing family/friends in the UK.
Foreign nationals are not usually permitted to stay in St. Vincent & the Grenadines after release.
Flights to the UK
As you approach the end of your sentence, the prison authorities will tell you your release date.
The British High Commission can help inform your family or friends in the UK of your confirmed release date, if you wish.
Foreign nationals are responsible for paying the cost of their return flight to the UK. You should only make flight reservations once the prison authorities have confirmed your release date.
Where applicable, prison social workers may be able to work with your family in the UK to provide support with release arrangements.
Getting a passport
Make sure your British passport is still in date. Contact the British High Commission before you’re released if you need an emergency passport (emergency travel document) for your journey home.
Annex
FCDO guidance: Support for British nationals abroad
FCDO guidance: Arrested abroad: advice for British nationals
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