Information pack for British nationals arrested or detained in Benin
Updated 20 September 2024
Chapter 1: Key points
Overview
If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.
This information pack aims to give you, and your family and friends, information about the local system in Benin 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, high commission or consulate (and must do so if you want them to)
- if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
- friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.
Who we are
Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.
There is no British Embassy in Benin. Consular assistance is provided by the British High Commission in Accra, Ghana.
The British High Commission in Ghana has details below:
British High Commission, Accra
Julius Nyerere Link
P.O. Box 296
Accra, Ghana
Tel: +233 302 213 200 option 2
Email Address: [email protected]
Website: www.gov.uk/world/organisations/british-high-commission-accra
You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.
What we can do
The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.
In Benin, notification by the authorities to the consulate normally takes place within 24 hours of arrest.
We can also:
- provide a list of local English-speaking lawyers
- provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
- provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
- keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
- tell the police or prison doctor, with your permission, about any medical or dental problems including medication
- put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
- in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
- help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
- in some circumstances we may be able to help you apply for a transfer to a prison in the UK
What we cannot do
- get you out of prison or detention
- help you get special treatment because you are British
- offer legal advice, start legal proceedings or investigate a crime
- pay for any costs because you have been arrested
- forward you packages sent by friends or family
- prevent authorities from deporting you after release
First steps
Informing family members
If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.
If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.
Informing the UK police
If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Benin.
Legal assistance: lawyers
We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of 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, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.
Other organisations that can provide assistance
We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.
Chapter 2: Detention conditions in Benin
Visits: friends and family
Who can visit and how to arrange visits
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 will be entitled to two visits a day- one in the morning, and the other in the evening.
What to expect when you visit
Visitors queue up following the order of arrival and are allowed a period of time to talk with their relative in custody.
It is advisable to give family and friends as much information as you can about what to expect when they reach the prison. They are likely to find the sight of you in a prison visiting area with guards all around a distressing experience.
What you can take on your visit
Visitors are allowed to bring all kinds of foods and essentials. Visitors will have to taste food brought in before it is released to their relative in custody. The prison guard will also check the food for the presence of prohibited goods.
Any objects that can harm or incite suicide are banned.
Visitors are allowed to bring clothing, detergents, toiletries and food items to supplement what is provided by the prison.
Visits: consular staff
We aim to visit you every quarter while you are under trial, though we may visit more often if it is necessary or in an emergency. If you are convicted, we will visit less often but will make an assessment of your vulnerability before deciding how often this will be.
If you have any health or welfare concerns, please discuss these with your Prison Welfare Officer in the first instance or you can write to us at any time on matters of concern (British High Commission, P.O. Box 296, Osu-Accra) – but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.
Emergency trips outside of 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.
Police custody and initial arrival at prison
Arriving at the police station: your basic rights
If you are arrested, you will first be taken to a police station where you will be told the reason for your arrest. After you are told, you will be allowed to call a lawyer and make a statement. Court hearings will be arranged to determine whether or not you are guilty. If found guilty, you will be sentenced to a term in prison.
Once arrested, you will be placed under custody on the instructions of the public prosecutor after your rights are stated to you. You will also be informed that you are entitled to have the assistance of a lawyer for your defence.
If the investigation is not completed within 48 hours, you will be presented to the public prosecutor who will judge according to the type of investigation. During this period, the police officer will have to find out the facts and circumstances in which the crime has been committed, gather the evidence and present them to the Prosecutor of the Republic.
You can only be remanded in custody whilst the authorities conduct their investigation.
You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. But it usually takes several months (possibly over a year) before a case comes to court for full hearing.
You can be remanded for as long as the case is pending in court (unless granted bail).
While in remand you should be sent to court every other week. You however have the right to seek bail at any stage of your remand/detention.
Appearing at court
At the hearing, the floor is given to the victim to present their compensation claims before the public ministry representative who will make his submissions to charge and/or discharge.
The lawyer of the accused then pleads. Each party has the right to reply, but the defendant still has the last word. Finally, the Tribunal or the Court of Assizes (for crimes) makes its decision.
The accused person must be brought to court on every adjourned date.
Prosecution must prove its case beyond reasonable doubt.
More information about the Beninese judicial system can be found in Chapter 3.
Initial arrival at the 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.
Prison: conditions and daily life
Prison conditions in Benin are considerably poorer than conditions in UK prisons.
There may be problems such as overcrowding, lack of adequate meals, clean drinking water and electricity, and poor sanitation.
You must avoid breaking prison rules.
It is advisable to limit the amount of information about yourself, or your case, that you share with other inmates, no matter how friendly they may seem.
Accommodation
Some prisoners might be put into a segregated ‘protection’ area of the prison. This could be because they are young and would be vulnerable in the main prison, or because their alleged offence might otherwise put their safety at risk, or because they are violent.
Food and diet
You will be provided with a small amount of food - this is unlikely to provide the type of balanced and nutritious diet available in the British prison system. You will need to supplement the basic food provision yourself by purchasing food in prison or arranging for food supplies to be sent to you by family or friends resident in Benin.
Hygiene
There is no restriction on the number of times a week a prisoner can shower, you can shower as often as possible, but this is regulated. Toiletries can be bought at 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.
Contact and languages
Phone calls are allowed.
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. Calls are however monitored.
You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).
Exercise
Prisoners are permitted to move around. Some prisons have a football pitch/athletic track.
Climate
The climate is hot and humid year-round. Heavy downpours are common in both rainy seasons i.e., from April to July and in October. Warm clothing such as jumpers should be worn during rainy seasons, as it gets cold, but not as cold as in the UK.
Religion
Prisoners are entitled to take part in religious services of their choice. The prison service in Benin recognises and respects the right of prisoners to register and practice their faith whilst in custody.
Rules and regulations (including drugs)
Prison rules and regulations are made clear to prisoners on arrival at the prison. There are different forms of punishments for different offences.
Drugs are prohibited inside Beninese prisons. This is the reason why the prison guard has to check every parcel, mail, food or equipment before allowing the person in custody to have access to it.
Drug abuse is a problem in some prisons. If you are caught holding or using drugs, punishment can be severe.
Prison: access to help and services
Receiving money
There are 2 ways you may be able to receive financial assistance while in prison:
- private funds: deposited to you by your family or friends.
- Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)
The UK government does not provide financial assistance to prisoners.
Private funds
While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.
The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.
We cannot receive payment by credit or debit card, or by cash.
Prisoners Abroad
Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. You may be eligible for one of the 3 Prisoners Abroad Funds – the Craig Feehan Fund, the Vitamin Fund and/or the Medical Fund.
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.
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.
With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.
Letters and parcels
You cannot receive and send mail directly. All mail has to pass through the head of prison who can censor it. There are rules about what you can and cannot receive. For example, pornographic materials are not allowed. Benin is a very conservative society so material which may be considered to be adult may be deemed pornographic. Prison authorities are obliged to deliver letters with minimum delay.
Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence. If you do so, you can keep track of anything that goes missing.
Unfortunately, consular staff cannot accept mail for onward delivery. Any mail received will be returned to the sender.
You may receive parcels and your family may send you the following items:
• underpants (new, in their package, any colour)
• singlets (any colour)
• photographs
• regional or overseas newspapers
• wireless radio (battery powered – prisoners can send batteries or purchase some on site)
• books or magazines (these will be censored to meet standards of the Prison Service)
If you are not sure what other items are allowed, check with your Welfare Officer before asking for it to be sent. If not, you may find that you are not allowed to receive some or all of the contents of the parcel containing a prohibited item. Items brought in will be subject to scrutiny.
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.
Making a complaint about mistreatment
If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible, take photos of your injuries.
If you feel you have a justified complaint about prison conditions, raise it with the Welfare Officer or another superior prison official or the Senior Chief Officer (Administration) in the first instance. If this does not resolve the matter, contact consular staff and we will take action as appropriate.
Chapter 3: The Beninese judicial system
Overview
The Beninese judicial system and the UK judicial system have some similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, interpreter, fair trial and appeal. However, there are fundamental differences. For example, the Beninese judicial system is extremely backlogged, understaffed and a lack of resources mean it is extremely hard to achieve anything quickly. The Beninese judicial system is very bureaucratic. Also, lawyers may charge large sums of money, make grand promises and deliver very little. Prisoners can remain in prison without having been sentenced for considerable periods.
Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to your lawyer.
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
If you are arrested, restricted or detained, you should be informed immediately; in a language that 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 can grant you a police enquiry bail, i.e., in circumstances where it is not possible for a person arrested without a warrant to be brought before a court within 48 hours, the police may require them to enter into a bond.
If you have any questions on the legal aspects of your arrest, contact your lawyer; see a list of local English-speaking lawyers here.
How long you can be remanded in custody
You can only be remanded in custody whilst the authorities conduct their investigation. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. But it usually takes several months (possibly over a year) before a case comes to court for full hearing. You can be remanded in custody for as long as the case is pending in court (unless granted bail). While in remand, you should be sent to court every other week. You however have the right to seek bail at any stage of your remand/detention.
Prisoners on remand and sentenced prisoners: differences
Remand prisoners are kept separately from convict prisoners because they are innocent until a court finds them guilty. Remand prisoners are also entitled to basic needs (food, clothes, healthcare, beddings, etc.). They are allowed to communicate with their families and lawyers as and when necessary.
After you are charged
The prosecutor may continue the judgement of the persons brought before the criminal court in the case of an offence that he believes is not complex. If he believes that the facts are intricate, he may refer the investigation to the judge in charge of the preliminary investigation. It is the same when the offence is a felony- the preliminary investigation is mandatory even in the case of flagrant crime.
You must be brought before a court of competent jurisdiction.
Bail
Normally, you will appear before a magistrate on the next working day after your arrest. They will determine a) whether you have been legally detained, and, if they are satisfied on that point, b) whether you should be released on bail, or held on remand, until your next court hearing.
It is rare for foreign nationals to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is offered, it is usual to remove the passport of a foreign national before releasing them from detention, to prevent them from leaving the country.
In assessing whether to permit bail, the judicial authorities are entitled to consider a person’s links to the country and how likely it is that they will flee. This means that foreign nationals are less likely to receive bail. Similar factors are considered in the UK, so we do not regard this as a form of discrimination. You may be asked to submit your passport to the courts as part of your bail conditions. British passports are property of His Majesty’s Government. If you want us to, we can formally request the return of your passport; however, this may have implications on your bail status. We cannot issue you a new travel document if your passport is held as a condition of bail without first asking for that passport to be returned.
If the charges against you are dropped because of insufficient evidence, you will be released and deported. The cost of which is borne by the State.
In the (unlikely) event that you are allowed to leave Benin on condition that you return for your court case, please note that failure to comply could lead to you being placed on an immigration blacklist and/or being extradited from the UK to stand trial.
If you are given bail, you will need to find sufficient funds to support yourself. Depending on your visa status, the local authorities may not be able to provide support. We cannot provide funding or find you a job.
The FCDO can assist prisoners with contacting friends and family who may be willing to help.
The FCDO cannot transfer bail funds.
Trial and legal assistance
Legal assistance: lawyers and legal aid
If you wish to hire a private lawyer, see for a list of English-speaking lawyers.
Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
You will likely wish to engage a lawyer; they may ask for an advance of estimated legal fees before they will take on a case.
Consular staff cannot give legal advice, pay your legal expenses or guarantee to a lawyer that you will pay them.
Trial
The accused person must be brought to court on every adjourned date. Adjournments must not take more than two weeks. Prosecution must prove its case beyond reasonable doubt.
Sentences
• misdemeanours (1-3yrs)
• second degree felony (not exceeding 10yrs)
• first degree felony (maximum of a life term or less)
For misdemeanours, the judge will follow guidelines provided for in penal code and use discretion to determine which sentence, within sentencing range, to apply.
For felonies, the court and the jury will vote by simple majority for guilt and aggravating circumstances. After guilt is decided, the court and the jury will vote on sentence (may use secret ballot/vote if requested by one member) starting from the highest sentence down until vote is successfully reached.
Some of the punishments in the criminal code include imprisonment, detention, fine, payment of compensation, liability of police supervision and the death penalty. Crimes which if proven guilty may be punishable by the death penalty (capital punishment) include murder, piracy and treason.
Appeals
Appeals are made by the appellant where it’s a criminal case.
Where a case is prosecuted by the State and loses, the State appeals.
Any aggrieved party can appeal. Appeals from the Court of Appeal go to the Infirmities then to the Tribunal. It is then forwarded to the Supreme Court which then sends it to the Court of Cassation.
If you are acquitted, the prosecution can appeal the acquittal. You will not be required to stay in country for the appeal if you were not in pre-trial detention. You will have to declare before the court where the appeal is lodged that you will not appear for the appeal. However, the trial judge may impose a judicial control on you, in which case you may be required to remain in Benin for the appeal.
Reaching the end of your sentence
Reduction of sentence (remission)
There is no provision for reduction of sentence (remission) in Benin. However, there are presidential favours.
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.
Clemency or pardon
There is no provision for clemency or pardon in Benin.
Financial penalties
Fines and penalties exist only at the level of minor offenses.
Transfer to another prison within Benin
The prison authorities can impose transfers between prisons in Benin for disciplinary or overcrowding reasons. The High Commission cannot intervene on your behalf.
Transfer to a prison in the UK
Prisoner transfer to the UK is possible.
To transfer to the UK, you must:
- be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
- not be awaiting trial
- have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
- have at least 6 months of your sentence left to serve when you apply for transfer
- have no outstanding fines or other non-custodial penalties
The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.
The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.
To find out more about transfers to the UK: In prison abroad: transfer to a UK prison
Release and 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:
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm
Your criminal record in the UK
We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.
Chapter 4: Additional information
Additional Information
Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:
- your rights as a prisoner
- issues that may affect you such as health or transfer to the UK
- getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
- learning the language of your country of imprisonment
- translating documents
- grants for food if you are in a developing country and do not have funds from other sources
- grants for essential medicines and toiletries if you do not have funds from other sources
- preparing for release
- help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
- Freepost envelopes to help you stay in touch with others
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
Annex
FCDO guidance: Support for British nationals abroad
FCDO guidance: Arrested abroad: advice for British nationals