Arrested or in prison in Benin

Contacting the British High Commission 

The British High Commission in Ghana 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 Ghana  

• the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000 

British High Commission Accra 

Finding a lawyer and translator 

Find a lawyer in Benin   

You should carefully consider getting a local Benin lawyer. Discuss all costs with them in advance. 

Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Benin). 

Private lawyers 

Check the list of English-speaking lawyers in Benin if you want to appoint your own private lawyer. Ask the British High Commission if you need a paper copy. 

You may wish to engage a lawyer; they may request an advance payment of estimated legal fees before taking on your case. 

Legal aid

Legal aid may be available through some law firms that offer such assistance. Eligibility criteria (including income and other requirements), as well as the scope of support, are determined by the individual law firm. You are therefore advised to contact the relevant law firm directly for further information. 

Court-appointed lawyers 

If you do not appoint your own private lawyer, you can ask for a court-appointed lawyer. 

A lawyer may be appointed by the court as a public defender before the felony trial judge, or before an Investigative Judge where the prosecutor decides to participate in interviews and ask questions.

Find a translator or interpreter in Benin 

You may need a translator to help you read French documents about your case. 

Do not sign any documents unless you understand them. 

You might need an interpreter to help you communicate with your lawyer or at your trial, or for prison visits. 

You have the right to an interpreter. If you do not understand the local language, you must be provided with an interpreter free of charge.

What happens when you’re arrested in Benin 

If you are arrested, restricted or detained, you should be informed immediately, in a language you understand, of the reasons for your arrest and of your right to a lawyer of your choice. You will either be remanded in custody or granted bail by the court or the police. The police may grant police enquiry bail; for example, where it is not possible for a person arrested without a warrant to be brought before a court within 48 hours, they may require the individual to enter into a bond. 

If you have any questions about the legal aspects of your arrest, you should contact your lawyer.  

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 

• if your identity cannot be confirmed 

The police must tell you in English (or a language you understand): 

• why you’ve 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 

If you are arrested, you will be taken to a police station where you will be informed of the reason for your arrest and have your rights explained to you. This includes your entitlement to legal assistance, and you may contact a lawyer and make a statement. You will also be informed that you have the right to communicate with and receive visits from one family member.

Following this, you will be placed in custody on the instructions of the public prosecutor. Court hearings will then be arranged to determine your case. If you are found guilty, you may be sentenced to a term of imprisonment. 

You have the right to: 

• remain silent 

• appoint a defence lawyer of your choice or ask for the help of a duty defence lawyer 

• ask for an interpreter 

• tell your next-of-kin you’ve been arrested 

• tell the British High Commission you’ve been arrested

How long can you be held for  

If the investigation is not completed within 48 hours, you will be brought before the public prosecutor, who will decide how the case proceeds based on the nature of the investigation. 

Where there is serious and consistent evidence against you, detention may last up to 48 hours and can be extended for a maximum of 8 days with written authorisation from the public prosecutor, provided you are brought before them. 

In cases involving an investigation under letters rogatory, detention may last 24 hours if the investigation is conducted in the place of residence of the investigating officer, or 48 hours if conducted elsewhere. In either case, detention may be extended for a maximum of 48 hours by the investigative judge who issued the letters rogatory, or by an investigative judge in whose jurisdiction the investigation is being carried out. If at the expiry of these time limits, you cannot be brought immediately before the investigative judge, you may be placed in a holding room for a maximum of 12 hours but may not be interviewed again. 

For identity checks and verification, detention may last up to 4 hours.

Going to court 

At the hearing, you are given the opportunity to present any compensation claims. This is followed by the public prosecutor, who will make submissions to either charge or discharge you.

Your lawyer will then present the defence. Each party has the right to respond; however, you have the final opportunity to speak. 

The Tribunal or, in the case of more serious offences, the Court of Assizes will then deliver its decision. You must attend court on every adjourned hearing date. 

The prosecution is required to prove its case beyond reasonable doubt. 

You must be taken to court within 48 hours from when you’re arrested. At court the examining judge will discuss your case with you. They’ll decide if you’ll: 

• be placed on remand to wait for your trial 

• have to pay a fine 

• be released without charge

How long you can be on remand for 

The total time you are detained while awaiting trial will depend on the seriousness and complexity of your case. It may take several months, and in some cases over a year, before your case is brought before the court for a full hearing. You may be remanded in custody for as long as your case is pending in court, unless you are granted bail. 

While on remand, you should be brought to court regularly, typically every two weeks. At each hearing, the prosecutor must satisfy the court that your continued detention remains justified.

Bail 

You will normally appear before a magistrate on the next working day after your arrest. The magistrate will decide whether you have been legally detained and, if so, whether you should be released on bail or remanded in custody until your next court hearing. 

It is uncommon for foreign nationals to be granted bail due to the risk that they may leave the country. Even where bail is granted, you may be required to surrender your passport to prevent travel. In deciding whether to grant bail, the judicial authorities may consider your ties to the country and the likelihood that you may abscond. Similar considerations apply in the UK and are not regarded as discriminatory. 

If you are granted bail, you may be required to provide evidence of sufficient means to support yourself, as local authorities may not provide assistance depending on your immigration status. We cannot provide financial support or help you to find employment; however, we can assist you in contacting friends or family who may be able to help. 

We cannot issue a replacement travel document while your passport is held by the authorities.

If the charges against you are dropped due to insufficient evidence, you will be released and may be deported at the State’s expense. If you are permitted to leave Benin on the condition that you return for court proceedings, you must comply with these conditions. Failure to do so may result in your name being placed on an immigration blacklist and/or extradition to stand trial. 

The High Commission cannot transfer bail funds for you. 

Arriving at prison 

When you first arrive at the prison you will be searched thoroughly, and your personal details will be recorded. Afterwards, you will be allocated to a cell. 

You may 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

Your prison cell 

Some prisoners may be placed in a segregated ‘protection’ area of the prison. This may be done if you are young and considered vulnerable in the main prison, if your alleged offence could put your safety at risk, or if you are considered violent. If you are on remand, you will be kept separately from convicted prisoners, as you are presumed innocent until proven guilty by a court.

Contacting the British embassy or consulate 

Tell the prison if you want the British High Commission to know you’re in prison. 

Medical check-up 

You have the right to be examined by a doctor upon arrival. You may receive a medical check-up within the first few days of being in prison. You should inform the doctor of any pre-existing medical conditions. The doctor will assess your needs and decide whether you require a special diet or any other medical treatment.  

Contact the British High Commission if you need help getting your medical notes from the UK.

Rights and responsibilities in prison 

Prison rules and regulations are made clear to you on arrival at the prison. 

There are different forms of punishments for different offences.

Visits from family or friends 

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

If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison, and what they can and cannot take in. 

You or your family or friends can ask your lawyer, or the prison directly, about the rules. 

How many visits you’re allowed 

You will be entitled to two visits a day- one in the morning, and the other in the evening.

What visitors can take with them 

Visitors are allowed to bring food and essential items. All food brought in must be tasted by the visitor and checked by prison staff before it is given to you, to ensure it does not contain any prohibited items. Visitors may also bring clothing, detergents, toiletries and additional food to supplement what is provided by the prison. 

Items that could cause harm or be used for self-harm are strictly prohibited.

Visits from British embassy or consulate staff 

We aim to visit you every quarter while you are on remand, although we may visit more frequently if necessary or in an emergency. If you are convicted, visits will usually take place less often; however, we will assess your vulnerability before determining how frequently these visits will occur. 

If you have any health or welfare concerns, you should raise these with your Prison Welfare Officer in the first instance. You can write to us at any time about issues you’re concerned about (British High Commission, P.O. Box 296, Osu–Accra). If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Money 

The British High Commission does not provide financial assistance to prisoners.  

Money transfers from family or friends 

There are 2 ways you may be able to receive financial assistance while in prison: 

• private funds: deposited to you by your family or friends.

• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day) 

How to make a complaint about mistreatment 

The British High Commission can help if you have been mistreated or abused - we will take all complaints seriously. Tell us first if you decide to make a complaint. We will ask your permission before taking any action. 

You can make a complaint about police treatment to the Office of the Inspector General of Police, the public prosecutor, or the Constitutional Court. If you feel that 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 relevant support organisations you may wish to consider. With your permission, and where appropriate, we may raise your concerns with the local authorities if you have not been treated in line with internationally accepted standards. 

If you have been mistreated, you should try to see a doctor, obtain a medical report and if possible, take photographs of any injuries. If you have concerns about prison conditions, you should raise these with your Prison Welfare Officer, another senior prison official, or the Senior Chief Officer (Administration) in the first instance. If the issue is not resolved, you may contact consular staff, and we will take appropriate action.

Your investigation and trial in Benin 

The Beninese judicial system and the UK judicial system share some similarities. For example, you are presumed innocent until proven guilty, and you have the right to legal representation, an interpreter, a fair trial and to appeal. 

However, there are also significant differences. The Beninese judicial system can be heavily backlogged and understaffed, and limited resources may make it difficult to progress cases quickly. The system can also be highly bureaucratic. You should be aware that some lawyers may charge high fees, make assurances about outcomes, and deliver less than expected. As a result, it is possible for you to remain in prison for a considerable period without being sentenced. 

You should never sign any document that you do not understand. If you feel pressured to sign something, you should ask to speak to your lawyer. 

The Benin justice system is ‘inquisitorial’. There is no jury. 

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. 

Your trial starts when the investigation is finished. 

The British High Commission cannot interfere with the Benin 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.

Choice of court 

The Court of First Instance generally hears all types of criminal offences. There are also other courts within the system, including the Tribunal Court and, for more serious offences (crimes), the Court of Assizes.

Completion of investigations 

While you’re on remand before the trial, the public prosecutor 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.  

Start of your trial 

In some cases, the prosecutor may refer a case directly from the police to the trial judge, provided that the offence was committed flagrante delicto (in the act), and the prosecutor considers there to be sufficient evidence to proceed. In such cases, there may be no pre-trial hearing. 

In other cases, the prosecutor will refer the case to an Investigative Judge (IJ). The IJ will investigate the case in private and may hold several hearings to prepare it for trial. If the IJ determines that the case has sufficient merit, it will be referred back to the prosecutor, who will forward it to the appropriate trial court. If the IJ dismisses the case, the prosecutor may appeal this decision. The Court of Appeal will then review the case and either confirm the dismissal or refer it back for trial. 

The type of court will depend on the offence. Lesser offences (misdemeanours) are heard by a correctional (trial) judge, while more serious offences (felonies) are heard by a special formation of the Court of First Instance, composed of three magistrates and a jury. 

You may be required to attend court on each adjourned date. Adjournments should not usually exceed two weeks. The prosecution must prove its case beyond reasonable doubt. You may choose to be represented by a lawyer, but you are not required to attend all hearings and may be represented in your absence.

Taking evidence 

At the start of your trial, the court will call you forward and verify your identity, including your name, date and place of birth, occupation and address. The court will also confirm the presence of the different parties involved in the case. 

In felony cases, a jury is empanelled. The court will then hear from witnesses, as well as any experts or forensic examiners involved in the case. You or your lawyer may also present your claims. 

Examination of evidence 

The court will review all available evidence, including reports, statements and case documents. The prosecutor will present the case and make submissions outlining the charges. 

Your lawyer will then present your defence. You or your lawyer will have the opportunity to respond to the evidence and submissions made by the prosecution. Each party has a right to reply, and you will have the final opportunity to speak before the court concludes the hearing. 

Verdict 

Once all evidence and arguments have been heard, the court will close the proceedings and deliver its judgment publicly. In felony cases, the decision will be made by the panel of three judges and the jury. The court will determine whether you are guilty or not guilty based on whether the prosecution has proved its case beyond reasonable doubt. 

Sentences 

• misdemeanours: 1–3 years 

• second-degree felonies: not exceeding 10 years 

• first-degree felonies: up to a life term 

Punishments set out in the Criminal Code may include imprisonment, detention, fines, payment of compensation, police supervision, and the death penalty. Offences that, if proven, may be punishable by the death penalty (capital punishment) include murder, piracy, and treason.

If you’re found guilty, you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can advise you on what your sentence might be or how long it could be.

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 

Appeals in criminal cases are made by the appellant. Where a case is prosecuted by the State and the State is unsuccessful, it may also appeal. Any aggrieved party has the right to appeal. Appeals from the Court of Appeal may proceed to higher courts, ultimately reaching the Court of Cassation. 

If you are acquitted, the prosecution may appeal the decision. You will not be required to remain in the country for the appeal if you were not in pre-trial detention. However, you will need to inform the court where the appeal is lodged that you do not intend to appear. The trial judge may impose judicial control measures, in which case you may be required to remain in Benin for the duration of the appeal.

When you can appeal 

The deadlines for filing an appeal are: 

• 10 days to file an opposition if you reside in Benin, 3 months if not. 

• 15 days to file an appeal (court of appeal) 

• 3 days to file an appeal to the Supreme Court; however, if you have been convicted of a felony, you cannot file this appeal

Prison conditions in Benin 

Prison conditions in Benin are generally poorer than those in UK prisons. You may experience issues such as overcrowding, limited access to adequate food, clean drinking water and electricity, as well as poor sanitation. 

You should avoid breaking prison rules. It is also advisable to limit the amount of information you share about yourself or your case with other inmates, regardless of how friendly they may seem. 

Letters and packages 

You cannot send or receive mail directly. All correspondence must pass through the head of the prison, who may censor it. 

You should ask your family and friends to include your full name and prison number on all correspondence. It is also advisable to number letters in sequence so you can keep track of any that may go missing.

Receiving packages 

There are rules on what you can and cannot receive. For example, pornographic material is not permitted. Benin is a very conservative society, so material which may be considered to be adult may be deemed pornographic. Prison authorities are required to deliver letters with minimal delay. You may also receive parcels, and your family can send you the following items: 

• underpants (new, in original packaging, any colour) 

• singlets (any colour) 

• photographs 

• regional or international newspapers 

• a battery-powered radio (batteries can be sent in or purchased within the prison) 

• books or magazines (these will be checked and may be censored in line with prison regulations)

Checks on your mail 

All mail must pass through the head of the prison, who may censor it. Prison authorities are required to deliver letters with minimal delay. 

Telephone calls 

If you wish to speak to your lawyer or family, you will need to go through the prison welfare officer. This is usually done by booking a time to make the call. All calls are monitored. 

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.

Medical and dental treatment 

While you are detained, the government of Benin 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 nurse. The nurse can provide routine treatment. For more serious complaints you will be referred to the nearest public hospital. If a specialist is required, you will be referred to one. You will be required to pay for your medical treatment.

Existing conditions 

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the prison service.  

The British High Commission can try to make sure the prison knows about any medical or dental issues you have if you want us to. We can also talk to your UK GP to help get your medical records sent to the prison.

Emergency trips outside prison 

Trips outside of prison are not allowed in any circumstances. In the case of medical emergencies, hospital visits would be arranged by the prison. 

Food and diet 

You will be provided with a small amount of food; however, this is unlikely to offer the balanced and nutritious diet available in the British prison system. You may need to supplement this basic provision by purchasing additional food within the prison or by arranging for food supplies to be sent to you by family or friends resident in Benin. 

Showers and hygiene 

There is no set limit on how many times a week you can shower; you may shower as often as possible, although this is regulated by prison authorities. Toiletries can be purchased within the prison.

Work and study 

You are not allowed to work in prison, but you can study. 

In Benin, prisoners can learn a trade but cannot undertake formal studies. 

Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.

Exercise 

You are permitted to move around. Some prisons have a football pitch or athletic track. 

Religion  

You are entitled to take part in religious services of your choice. The prison service in Benin recognises and respects the right of prisoners to register and practice their faith whilst in custody.

Mobile phones 

You are not allowed to have a mobile phone.

Transferring to another prison 

Transferring to a prison in the UK 

​​​The UK and Benin do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.  

Transferring to a prison in Benin 

The prison authorities can impose transfers between prisons in Benin for disciplinary or overcrowding reasons. The High Commission cannot intervene on your behalf.

Early release 

You may be eligible for early release if you have given sufficient proof of good behaviour and present serious pledges of social rehabilitation. 

Reduction of sentence (remission) 

There is no provision for reduction of sentence (remission) in Benin. However, there are presidential favours. 

Clemency or pardon

There is no provision for clemency in Benin. However, the President has the power to grant a presidential pardon. The President can reduce, wipe out or commute a sentence. 

The process is usually collective: The pardon is granted to a list of detainees, usually at independence anniversary. 

The Minister of Justice issues a call for nomination to prisons wardens. Prisons wardens prepare and submit lists of qualified detainees. The Minister of Justice reviews and consolidates the lists and submits a single list to the Magistrates’ Superior Council (CSM) for its opinion. The CSM then approves the list. The President issues a decree granting a pardon or commutation of sentence, and you are notified.

Release and deportation 

You can contact the British High Commission if you need help when you’re released. You will usually be deported. 

Deportation 

Any British citizen serving a prison term may be liable for deportation to the UK at the end of that term. 

Even those with Beninese resident status may find their visa revoked. In this event, you need to speak immediately to a lawyer. Dual British/Beninese nationals are not however liable to deportation. 

Deportation may only take a matter of days, especially if your passport is still valid. 

However, if your passport has expired, or has less than 6 months validity remaining, you might need to obtain a new passport before you can be deported. This could take several days, depending on what documentation you have. To avoid deportation delays, we recommend that you check your passport status well in advance of your release and deportation. 

If you are deported, you may be excluded from returning to Benin for a given period. Depending on the severity of the offence you were imprisoned for, this might be a permanent exclusion. Long-term residents may be able to stay in the country at the end of their sentence provided they can meet immigration requirements. 

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

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to 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

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 for your journey home.