Guidance

Information pack for British prisoners in Estonia

Updated 25 March 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. This information pack aims to give you, and your family and friends, information about the local system in Estonia 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. The British Embassy in Estonia is located in Tallinn at the following address: Wismari 6 15098, Tallinn. Contact number is +372 6674700. 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 Estonia, notification by the authorities to the consulate normally takes place within 24 hours, but sometimes it takes longer.

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
• 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 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 Estonia.

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 Estonia

Visits: friends and family

You should consult FCDO travel advice before you travel to Estonia for the latest information on safety and security, entry requirements and travel warnings. Who can visit and how to arrange visits or phone calls

Restrictions

A prisoner who is in detention on suspicion of a crime may be subjected to curtailments of his or her contact with the outside world if a risk exists that he or she will remove evidence or otherwise impede the investigation of the matter at issue. This is called restrictions.

Being on restrictions means that you might not be able to:

• receive or send letters without them first being inspected by the prosecutor
• receive visits without special permission from the prosecutor
• receive or make phone calls without special permission from the prosecutor
• watch TV, listen to the radio and read newspapers
• interact with other inmates

You might have restrictions in all or some of the above areas, but you can still contact your lawyer and a member of consular staff from the British Embassy.

No restrictions

If you have no restrictions you may make telephone calls to specific people after the prosecutor and the prison authorities have given their consent.

Security checks will be carried out on those you wish to call. You will have to put in a request for a telephone permit, Prison staff can tell you how to buy a phone card and how to apply for a phone permit.

Calling service for imprisoned persons is provided by telephone operator Telia. Information on how to upload money to the phone card is available at Telia website in Estonian.

You have the right to inform at least one person of your choice who is close to you. This takes place through the investigating body. This means that you have the right to ask that a notice be passed on to a person of your choice, and this is done by the investigating body. If the investigating body is of the opinion that it could harm the criminal proceedings to notify the person of your choice about your detention, it can refuse. The Prosecutor’s Office must authorise any such refusal.

Arranging the visit

The detained person (person serving detention in a detention house) is entitled to have a short-term visit once a week with duration of up to two hours. The person held in custody (person, who has been taken into custody as a preventive measure and who is serving provisional custody in a detention house) is entitled to a short-term visit for up to three hours once a month. The times of the visitations are stated here.

Each prison or remand prison have set visiting times and visits will need to be pre booked by phone or email. Contact details for the prisons are listed on website of Prison Services. The applications can be made by the prisoner (by talking to prison authorities) or by the visitor.

Each prisoner will undergo an individual evaluation, taking in to account their circumstances and the current situation at the prison/remand prison. The number of visits/frequency of visits will also be determined at the evaluation. Generally, an imprisoned person as well as an arrested person is entitled to a supervised short-term visit at least once a month. The can last up to 3 hours depending on the prison. Visits shall be within sight from prison service officers. The schedule of visits shall be drawn up on the basis of acceded applications and the time of visits shall be notified to the parties.

There can be up to two grown-up visitors at a time. The number of children must be agreed beforehand with the prison authorities. The imprisoned person and the visitor are searched prior to and after the visit. The visitor must be sober and without sings of using narcotics. The visitor must present the identification document. Short-term visits are not allowed for imprisoned person placed in confinement.

A longer visit can be arranged for a convicted offender. Full information on arranging a short-term visit and long-term visit is published on the website of the Estonian prison services in Estonian.

What to expect when you visit

Visitors need to bring their photo ID to the visit and they will undergo an airport style search with a metal detector before the visit. Detection dogs may be used if necessary.

What you can take on your visit

You should ask in advance what you can bring to the visits. Money, food and drink is not allowed. The list of permitted items shall be established in the internal rules of the prison or house of detention. Visitors can check with the prison authorities before arriving for a visit.

Visits: consular staff

We will visit you if you want. We can visit once after the arrest, and once after sentencing. Staffing or distance might make it difficult for us to visit as soon as you would like.

You can write to us at any time on matters that concern you to:

British Embassy Tallinn
Wismari 6 15098
Tallinn

If it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

During the time you are under arrest the prosecutor may decide that you will not be allowed to contact friends and family. However, you are allowed to request to see a doctor or to call the British Embassy.

You are also entitled to contact your lawyer and to meet him or her without anyone else being present.

After being arrested a person is transferred to a detention house on the basis of a copy of the report on the detention of the person or a misdemeanour report, copy of the report on the detention of a suspect, copy of the court judgment or court ruling/ order, or identity document or, in the absence thereof, identification document prepared by the police. Detention houses are custodial institutions which are staff units of the Estonian Police and Border Guard Board and which organise the imposition of custody pending trial and detention.

In the arrest house most of your possessions, including your passport and any other identification papers will be taken away. The standard practice is for passports to be kept and handed back on your release. If the investigating body has good reason to suspect that you have committed a crime, you may be detained as a suspect for up to 48 hours.

During the time you are under arrest you will be questioned by the police. One or more police officers may carry out the questioning. If necessary, you are entitled to have an interpreter present. The police will pay the interpreter’s costs.

You may wait until you have a lawyer present before answering questions. The prosecutor or police will decide who else is entitled to be present at questioning.

Appearing at court

If the Prosecutor’s Office is convinced that you need to be detained longer so that you do not evade investigation or commit new crimes, they must request a warrant for your arrest from a court. If this happens you will be brought before a judge within 48 hours of the time of your detention. The judge decides whether further arrest is appropriate. If the judge finds that there are no grounds for your arrest, you will be released immediately. In pre-trial procedure, a suspect or accused shall not be held in custody for more than six months. In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in a criminal proceeding, a preliminary investigation judge may extend the term for holding in custody for more than six months at the request of the Chief Public Prosecutor.

Remaining in custody

You can be further detained as a suspect if:

• you are caught committing the crime or immediately thereafter
• a witness to the crime or the victim identifies you as the person who committed it
• the evidence relating to the crime suggests that you might have committed it

You may also be detained if the investigating body has other information suggesting that you are a suspect and:

• you try to escape
• your identity has not been ascertained
• the investigating body is of the opinion that you may continue committing crimes, evade the criminal proceedings or impede them in some other way

You may be detained and arrested for the purposes of surrender or extradition to another country. A person taken into custody shall be immediately notified of the court’s decision on taking into custody in a language and manner which he or she understands. The rights and obligations of a suspect shall be immediately explained to him or her and he or she shall be interrogated with regard to the content of the suspicion. Interrogation may be postponed if immediate interrogation is impossible due to the state of health of the suspect, or if postponing is necessary in order to ensure the participation of a counsel and interpreter or translator.

Prison: conditions and daily life

Initial arrival at the prison

• If the prosecutor decides at the remand hearing that you will have to stay on remand, you will be taken to a remand part of a prison.
• The staff will ask you questions about your mental health status, your family and social situation so that the staff can provide you with the support you need.

You will be appointed a contact person at the prison who will inform you about the daily routines and your rights and obligations during your detention. Shortly after your arrival you will meet with a nurse. It’s important that you inform them of any health issues, injuries or medication.

Personal belongings

The detention centre will store your personal belongings during your stay. You and a member of staff will sign a list of the belongings to be stored when you first arrive. More information about the Estonia judicial system can be found in Chapter 3.

Prison: conditions and daily life

Prison conditions are generally good in Estonia. The following information refers to a remand prison:

Accommodation

Sentenced prisoners and those on remand are held in separate facilities. Persons on remand are suspected (but not sentenced) of having committed a crime. He/she is not yet sentenced and should be considered as innocent until proven guilty. Prisoners might have to share cells with another inmate during busy periods. Cells are approximately 10 square meters, and most have a private toilet. Bedlinen and towels are provided.

Food and diet

Cooked meals are served every day. If you are a vegetarian, allergic or unable to eat certain foods due to religious beliefs you have the right to ask for food that you can eat. Clean drinking tap water is available in the prisons.

Hygiene

You will receive bedclothes, towels and hygiene products. The detention centre’s staff can also offer you clothes and shoes. Laundry is to be changed regularly. You are responsible for keeping your room in order.

Work and study

You might be able to work while on remand. What kind of work you can do depends on whether you are allowed contact with other prisoners, and whether you are on restrictions. Sentenced prisoners have the possibility to study while in prison.

Contact and languages

Some of the prison guards usually speak good English. Contact with other inmates will be allowed unless the Prosecutor has decided otherwise (restrictions). You are allowed to listen to the radio, watch TV and read daily newspapers at the detention centre unless the prosecutor has decided otherwise. You can buy newspapers at the kiosk and borrow books from the book trolley or the library. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

You have the right to spend time in the detention centre’s exercise yard for at least one hour every day if there are no special reasons against you doing so

Climate

In Estonia the winters are long and quite cold, and summer temperatures are similar to those in England.

Religion

Each Estonian prison accommodates a chapel and working chaplains. This enables prisoners to adhere to their religious beliefs and customs while imprisoned. Prisoners may see the chaplain regularly and participate in church services and religious events

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners when they arrive. You must supply a sample for drug testing if the staff suspects that you are under the influence of alcohol or drugs. A “positive” drug test, as well as refusal to take a drug test, may result in your release date being postponed.

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

Relatives and friends can read information about sending money to prisoners on the homepage of the Estonian Prison Services. The UK government does not provide financial assistance to prisoners.

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.

Please note that you cannot have cash sent to you in the post. Possession of money in a maximum-security prison is forbidden and all settlements to any imprisoned person or arrested person shall be made through the internal open personal account. The money that the imprisoned person had with him/her at the time of arriving in prison, the wages earned by him/her as well as the money sent by those closest to him/her shall be transferred to the personal account. It is forbidden to send money to the imprisoned person by post or within a package or hand it over at the time of short-term or long-term visits. The money for the imprisoned person must be transferred to the account. The payment order must clearly indicate prisoner’s given name, surname, father’s name and birth date.

Using money from the prisoner’s personal account an imprisoned person can purchase goods from the prison store, subscribe for publications, pay for the use of electrical devices (radio, television receiver) at his/her disposal and he/she can send money to his/her family members and dependants or to his/her bank account.

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 .

Medical and dental treatment

While you are detained, Estonia is responsible for ensuring your basic medical needs are met. All prisons have a medical centre, and the staff can help you contact a nurse or a doctor. Healthcare is free of charge in prison. Prisoners will have to pay for dental treatment, unless it is a genuine emergency. You are not allowed to keep medication in your cell, a nurse will bring it 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 contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

You can send as many letters as you like. Stamps can be bought from the prison shop. If you are on restrictions any letters you send will (with your consent) be forwarded to the prosecutor who will decide whether the letter may be sent or not. Any letters sent to you will be dealt with in the same way. If you are not on restrictions, sealed letters will only be opened if they appear suspicious. It is permitted to receive parcels. The sender is advised to contact the prison before they send the parcel, to ask which items are permitted. Family and friends who would like to write a letter to a person or send a parcel can can find the rules on communication and packages in Estonian at the website of the Estonian Prison Service .

Telephone calls

Persons in custody, the imprisoned person as well as the arrested person shall be entitled to use a telephone (except a mobile phone) for domestic and international phone calls. The cost of telephone calls shall be incurred by the imprisoned person. The imprisoned person may only use telephone cards attained through the medium of the prison. Calling service for imprisoned persons is provided by telephone operator Telia. Information on how to upload money to the phone card is available at Telia website in Estonian.

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.

You can also complain directly to Chancellor of Justice if you feel that you have been treated wrongly or unjustly by a public authority.

The contact details are:

Õiguskantsleri Kantselei

Kohtu 8, 15193 Tallinn

Telephone: (+372) 693 8404
E-mail: [email protected]

Website: Chancellor of Justice

Chapter 3: The Estonian judicial system

Overview

The criminal proceeding system in Estonia has two phases: a pre-trial phase that consists of arresting and taking the suspected person into custody. In this phase the criminal investigation is carried out and evidence collected. The pre-trial phase can last up to 6 months.

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.

In the trial phase the person involved in the criminal proceeding will be charged and taken into court to either be sentenced or released. The sentences in Estonia can vary from a fine to imprisonment for life depending on the seriousness of the crime and are determined by a court.

A criminal matter shall be heard by the county court in the territorial jurisdiction the criminal offence was committed. In county courts, criminal matters concerning criminal offences in the first degree shall be heard by a court panel consisting of the presiding judge and two lay judges. Lay judges have all the rights of a judge in a court hearing. There are 4 country courts in Estonia.

There are also administrative, district courts and a supreme court in Estonia. District courts are courts of second instance which hear appeals lodged against rulings given by the courts of first instance. The Supreme Court is the highest court and hears appeals in cassation lodged against rulings from courts of second instance. There is no separate constitutional court in the Estonian court system. The duties of a court of constitutional review are performed by the Supreme Court.

If a participant in a criminal proceeding is not proficient in Estonian, an interpreter or translator shall be involved in the proceeding.

First steps

Arrest

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime, to keep them from committing further crimes and to give to person to the justice system. In Estonia the public authorities that have the right to arrest a person are Police and Border Guard Board and other investigating body officers.

After being arrested a person is transferred to a detention house on the basis of a copy of the report on the detention of the person or a misdemeanour report, copy of the report on the detention of a suspect, copy of the court judgment or court ruling/ order, or identity document or, in the absence thereof, identification document prepared by the police. Detention houses are custodial institutions which are staff units of the Estonian Police and Border Guard Board and which organise the imposition of custody pending trial and detention.

In the arrest house most of your possessions, including your passport and any other identification papers will be taken away. The standard practice is for passports to be kept and handed back on your release. If the investigating body has good reason to suspect that you have committed a crime, you may be detained as a suspect for up to 48 hours.

Interrogation

If you are detained, the investigating body must question you without delay. You do not have to give information to the investigating body or answer the questions that you are asked. You have the right to remain silent. Silence cannot in any case be interpreted as an admission of guilt. You cannot be forced to incriminate yourself or people close to you.

At the beginning of the questioning you must be told that you have the right to refuse to say anything and that anything you say can be used against you. You will be given the opportunity to state what you know about the crime under investigation. You will also be asked questions. A written record of the questioning will be drawn up. Before signing the record, you have the right to read it through. You have the right to have your comments included in the record. You have the right to get a translator provided by the police during your interrogation that will also have to translate the record to you. Interrogation of a minor will be recorded.

For how long can I be remanded in custody?

If the Prosecutor’s Office is convinced that you need to be detained longer so that you do not evade investigation or commit new crimes, they must request a warrant for your arrest from a court. If this happens you will be brought before a judge within 48 hours of the time of your detention. The judge decides whether further arrest is appropriate. If the judge finds that there are no grounds for your arrest, you will be released immediately. In pre-trial procedure, a suspect or accused shall not be held in custody for more than six months. In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in a criminal proceeding, a preliminary investigation judge may extend the term for holding in custody for more than six months at the request of the Chief Public Prosecutor.

The following is a general description of the sequence of events in Estonia from detention to imprisonment, but more detail can be found on the next page;

1. You are apprehended by the police. The prosecutor then decides whether or not to make an arrest.
2. The police will ask you if you want legal representation. You have the right to a state appointed lawyer
3. You can be under arrest for a maximum of 48 hours
4. You will appear before a judge within 48 hours of being arrested
5. After that hearing, you will either be released or a court will decide to remand you in custody. The court will decide to remand you in custody if they have reasonable suspicion (the lower degree of suspicion) or probable cause (the higher degree of suspicion)
6. If you can remain on remand for up to 6 months (there are some exceptions).
7. During your stay in the remand part of a prison, you will be questioned by the police and prosecutor who will conduct a preliminary investigation into the crime(s) you are suspected of. The prosecutor will often lead the preliminary investigation and the investigation will be handled by the police.
8. When the preliminary investigation is complete, the prosecutor will decide whether to file a prosecution or not. If prosecution is commenced, there will be a trial, also called a main hearing, in the court and the case is heard. The court in this instance is the County Court.
9. The judge and the lay judges will decide in the main hearing whether you are guilty or not. The length of the sentence is also decided upon.
10. Once the sentence has been announced if you accept the sentence it now comes into effect.
11. If you are not satisfied with the judgement, you can appeal to the court of appeal. The judgement will contain information about when this must be done at the latest. Your lawyer should help you with this.
12. The outcome of the appeal is announced and the sentence comes into effect .
13. If you are found not guilty, you might be entitled to compensation. Your lawyer or Chancellor of Justice office should be able to advise you.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See our list of local English-speaking lawyers.

Trial and legal assistance

Legal assistance: lawyers and legal aid

You have the right to a court–appointed lawyer.

If you dissatisfied with your appointed lawyer, you can request a new one to the courts (prison staff can help you with the request). A change of lawyer is not granted automatically, so you need a good reason. If a change of lawyer representation is granted the State pays for the representation in most cases. If the court does not grant a change you can always hire a lawyer privately at your own cost. 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 information on legal aid, court proceedings and can advise on appointing a lawyer.

What happens at the trial?

All criminal cases are resolved by county courts. In general, the decision is made by a single judge. Criminal cases involving a crime of the first degree are heard by a court made up of the president of the court and two lay judges. The trial is public. The court can declare that the trial will be held partially or fully in private.

Before the end of the court hearing the Prosecutor’s Office may change the charges or add charges against you. If this happens, the Prosecutor’s Office will draw up a new statement of charges. This will not be done if the charges are changed to your benefit. If the charges are changed, you and your lawyer have the right to request that the trial be postponed, so you can prepare your defence. It is obligatory for the accused to participate in the trial. Exceptionally, the trial can be carried out without you, your lawyer will be able to advise you on exceptions.

Sentences

After the court hearing, the court either acquits or convicts you.

The possible punishments are:

• a fine, which may be 30 to 500 times your average daily income
• imprisonment for between 30 days and 20 years, or a life sentence
• In certain circumstances, the court may also decide to grant you probation. If this is the case, you will not have to serve the original sentence or you will only have to serve part of it, unless you commit a new crime during the probation period. The probation period is 3 to 5 years
• In addition to the principal punishment, the court may impose additional punishments, such as prohibiting you from engaging in certain activities or expelling you from Estonia. Also, any property connected with the crime can be confiscated

Appeals

• If you are not satisfied with the verdict, your lawyer can help you appeal to the court of appeal .The verdict will contain information about when this must be done at the latest. If you are found not guilty, you might be entitled to compensation. Your lawyer or Chancellor of Justice office should be able to advise you.

Reaching the end of your sentence

Early release

It is possible to reduce the sentence and release prisoners on parole, the court shall take into consideration the circumstances relating to the commission of the criminal offence, the personality of the offender, his or her previous personal history and conduct during the service of the sentence, his or her living conditions and the consequences which release on parole may bring about for the offender.

The length of the sentence is also taken into consideration and how much of it is still left to serve. It is also possible to get the reduction of the sentence due terminal illness or if the person is seriously injured as a result of a criminal offence.

Clemency or pardon

According to the Clemency Procedure Act the President of the Republic shall decide to grant pardon or not to satisfy an appeal for pardon after he or she has received a proposal from the clemency committee. Clemency is for use in exceptional situations. It is for the Government to decide whether or not to grant clemency in each individual case. Clemency is therefore not a right.

Transfer to another prison within Estonia

A prisoner may be transferred from one closed prison to another or from one open prison to another if such transfer is necessary for the implementation of the individual treatment plan of the prisoner, the achievement of the objectives of execution of imprisonment or for reasons of security. The Minister of Justice shall approve the procedure for the transfer of prisoners.

Transfer to an open prison

The detainee may be transferred from the closed prison to the open prison on the basis of the decision by the open prison director or the direct of a prison with an open prison department and the vice prison chancellor of the Ministry of Justice. The open prison receives persons who have committed less severe crimes and the detainees whose containment in the close prison would be unsuitable, who have shown trustworthiness and legal obedience during their time in the closed prison and with whom there is sufficient reason to assume that the person will not commit new acts of crime.

Transfer to a prison in the UK

There is a Prisoner Transfer Agreement between the UK and Estonia. The staff at the prison can help you submit a request for a transfer.

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.

Release and deportation

A prisoner shall be released from prison after serving the sentence and on other grounds prescribed by law. The social worker will help the detainee to create contacts with the family and the social welfare agency. Upon release, the detainee will receive the release support that has accumulated from the wages for his/her work. On release, the items, documents and personal clothing deposited in the prison service shall be returned to the prisoner. If the prisoner has no personal clothing or if the prisoner’s personal clothing is not suitable for the season, the prison service shall provide the prisoner to be released with clothing without charge. If you are a foreign citizen, living legally in Estonia, and you have been convicted of an intentional crime and sentenced to prison, the court may, as an additional punishment, decide to expel you from Estonia and prohibit you from entering Estonia for 10 years. Since expulsion from Estonia is also a punishment, you have the right to appeal it.

If you do not have the right to live in Estonia, your expulsion from Estonia takes place automatically without a court decision. You have the right to challenge your expulsion by lodging a complaint with the Administrative Court.

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 Teamwhen 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

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army UK Helpline +44 (0)20 7367 4888 Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship UK Helpline +44 (0)20 7799 2500 Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

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

Prisoners Abroad UK Helpline +44 (0)20 7561 6820 or 0808 172 0098 Mondays and Tuesdays 9:30am to 6pm (UK time) Wednesdays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH, UK

Glossary of terms

Useful legal terms

English	Estonian
Kinnipeetav	a prisoner
Arestialune	a detained person
Vahistatu	a person in custody
Lühiajaline kokkusaamine	short-term visit
Telefonikõne	telephone call
Konsulaartöötaja	Consular Officer
appeal, complaint	apellatsioonkaebus
Arrested	arestialune
breach/ violation of the law	seaduse rikkumine
case	juhtum
charge, prosecution	süüdistuse esitamine
come in to force, take effect	jõustuma
Conviction	süüdi mõistetud
Court	kohus
court of appeal	apellatsioonikohus
custody, detention centre	arestimaja
deed, criminal act	kuritegu
Defence	kaitse
Defendant	kaitstav
Deport	deporteerima
detained/remanded	vahi alla antud
find not guilty	süüdimatuks tunnistama
Guilty	süüdi
hearing, trial	kostuistung
injured person/party	vigastatud isik
Interpreter	tõlk
Judge	kohtunik
Lawyer	advokaat
Prosecutor	prokurör
minor offence	väike rikkumine
Misdemeanour	väärtegu
offender, perpetrator	kurjategija
Official	ametnik
parole/conditional discharge/release on probation	tingimisi vabastamine
pay a fine	trahvi maksma
plead guilty/confess	süüd tunnistama
police interrogation	politsei ülekuulamine
police investigation	politsei uurimine
Prison	vangla
Released	vabastatud
short-term visit	lühiajaline kokkusaamine
sentence, sanction	karistus
summons, subpoena	kohtukutse
Suspect	kahtlustatav
telephone call	telefonikõne
Verdict	kohtuotsus
Witness	tunnistaja

Annex

FCDO guidance: Support for British nationals abroad https://www.gov.uk/government/collections/support-for-british-nationals-abroad

FCDO guidance: Arrested abroad: advice for British nationals https://www.gov.uk/guidance/arrested-or-detained-abroad

List of English-Speaking Lawyers https://www.gov.uk/government/publications/estonia-list-of-lawyers

Translators/Interpreters https://www.gov.uk/government/publications/estonia-list-of-translators-and-interpreters/list-of-translators-and-interpreters-in-estonia

Prisoners Abroad Forms https://www.prisonersabroad.org.uk/arrest-and-imprisonment