Guidance

Solomon Islands: in prison abroad

Published 21 June 2020

Disclaimer

The following information was compiled by the British High Commission Honiara Consular Section. It is revised on a regular basis. If any of the information contained below is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British High Commission is not accountable for the information provided. Local proceedings are subject to change at any time.

Introduction

The Foreign, Commonwealth and Development Office (FCDO) is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries) both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The list of lawyers in Solomon Islands is provided by the High Commission for your convenience, but neither His Majesty’s Government, nor any official of the High Commission, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information provided here is accurate and up to date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the consular representatives?

Steve Auld - Deputy High Commissioner

Rose Mua - Executive Assistant Secretary

Contact Information:
British High Commission
Tandai Highway
Town Ground
Honiara.
Tel: 00677 21705
Duty Officer: 00677 21705

Email: [email protected]

Website: British High Commission Honiara

Working Hours: Monday to Thursday: 08:00hrs-12:00hrs/13:00hrs-16:00hrs Friday: 08:00hrs-12:00hrs/13:00hrs-15:00hrs

First steps

Who will know that I have been detained?

As soon as a British National is arrested and detained in the Solomon Islands, the Solomon Islands authorities must let the detainee contact the British High Commission in Honiara. It is essential that you inform the British High Commission as soon as possible following your arrest. It is your right to do so. You may also be able to make a phone call to the British High Commission or to family (with a covering charge).

What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission. However, should you wish to inform your family, we can make contact with them through our colleagues in the FCDO in London. We can give your family or next of kin advice on prison procedure, regulations, and how you are doing. We can also pass on any messages from you.

What will the High Commission do?

We aim to make contact with you within 24 hours of being notified of your arrest. In case they wish to transfer any money to you, we can tell your next-of-kin how to transfer money through the FCDO in London. Money for prisoners should be sent to:

Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank: National Westminster Bank
Account Name: FCDO Multi Vote
Sort code: 60-70-80
Account Number: 10012362
Reference: FCDO case reference number, surname and first name of the person you are sending the funds for
and country name if possible
IBAN: GB56NWBK60708010012362
SWIFT: NWBKGB2L

You may also need our bank address which is:

London Corporate Services centre,
CPB services, 2nd Floor,
280, Bishopsgate,
London, EC2M 4RB

Payments by Postal Order, Bankers Draft or Building Society cheque should be crossed and make payable to “The Foreign, Commonwealth and Development Office”. They should be sent to:

Accounts Receivable
Foreign, Commonwealth and Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

We recommend that you use Recorded or Special Delivery. Please ensure that you include a note briefly explaining who the money is for and why. If you would like a receipt, please include a stamped self addressed envelope.

Please note that personal cheques can take up to 15 working days to process and clear before we can advance funds. We do not accept Card payments, or cash sent in the post. If you have dual nationality and are imprisoned in the country of your other Nationality the British Consul cannot assist you formally, under international law.

However, Consular staff will provide whatever informal assistance the local Authorities will allow. Your relatives and friends can contact the above address for advice from the FCDO in London.

Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Visits

How do my family, next-of-Kin and friends arrange a visit?

You are allowed to receive visitors on Mondays to Fridays. Visiting times are 09:00hrs-11:30hrs and 13:30hrs-15:30hrs. If family or friends have travelled significant distances, special arrangement can be made to meet the situation, the prison may be able to make an exception to these times, but this cannot be guaranteed.

How many visits am I allowed?

No specific restriction on the days of visit. Visits can be made daily on arrangement with the prison authorities.

Consular visits

If you are in Honiara, we hope to visit you every three months. You will be called to a separate room within the visitors centre during a consular visit. Visits to prisons in the region would be less frequent.

What can visitors bring?

Visitors may bring items to the prison such as newspapers, books, toiletries, food, cigarettes and Photographs. Mail isn’t delivered directly, Officers will open incoming mail for the Prisoner. Certain items such as Money, Mobile Phones, Drugs and Betel Nut are classed as contraband by the Prison Authorities.

Other types of visitor

Priests and representatives from local church groups or non-government Organisations may visit the prisons at any time on arrangement.

Prison condition and services

Arrival at police station

If you are arrested on Guadalcanal you will initially spend some time in a police cell in Honiara. Police should read the charges and your rights. Whilst you are there police will usually gather evidence and interview you. During interview you do not have to say anything if you do not wish.

You are entitled to a lawyer, if you are unable to afford one, a legal adviser from the Public Solicitor’s Office (PSO) will be appointed to you. A list of lawyers can found in Annex A. This list is not comprehensive and the High Commission takes no responsibility for the advice given by such individuals and organisations. The Police may grant bail, however if they do not, you should be seen in court within 24 hours. There is a Saturday court to enable this at weekends.

Arrival at prison

When in police custody you are likely to be given you own cell, although this cannot be guaranteed. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away, however you should be given a receipt for this.

General prison conditions

There are six prisons in the Solomon Islands:

• Rove Prison Honiara, Guadalcanal
• Gizo, Western Province
• Kirakira, Makira Province
• Lata, Temotu Province
• Auki, Malaita Province
• Tetere, Guadalcanal (pre-release centre)

Those prisons in the outer islands are quite small and it is unlikely that an expatriate would be detained for long periods in one of these. Overcrowding is not a problem in the prisons at the moment. Expatriates are most likely to be held at the Rove prison in Honiara.

The prison capacity is 396 inmates. At the time of the last Consular visit to the prison in May 2015 there were 124 men, 142 remand, two women (although there are facilities available) and five juveniles. Juveniles (12-17 year-olds) are held separately from the main prisoners, although some supervised interaction does take place.

Each cell has a toilet and wash basin. Showers are mostly separate and shared with the other cells. Hot water is available. Laundry services are available. Prisoners are confined to their cells from 20:30hrs (21:00hrs for those on remand) to 08:30hrs. Prisoners have access to an exercise area.

If you experience serious harassment, threats or violence you should report this to the High Commission as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. However, we will only raise concerns with the prison administration if you request that we do so.

How can I receive money?

Money is regarded as contraband within the prison and any money sent is kept by the Prison Affairs office on account. Money can be used to buy sundries and personal hygiene items as required. The prison affairs officer will buy items on the prisoner’s behalf using the funds available.

Some help for comforts may be obtained from Prisoners Abroad. Let the High Commission know if you need this support, or write directly to the Prisoners Abroad caseworker for Solomon Islands.

Can I work or study in prison?

Studying in the prison is encouraged but access to study materials would be limited (e.g. no internet, Prison library). The authorities decide what subjects can be studied whilst in prison. Correctional services external partners do provide study opportunities.

Basic life skills are generally taught to the local prison population. Pidjin (local language) could be taught to an expat who wants to learn. As part of the Rehabilitation Program, joinery and carpentry are taught. Functions such as kitchen chefs and general maintenance are tasks carried out by the inmates for payment in the form of money for their basic needs.

Can I receive medical and dental treatment?

If you need medical or dental treatment you should ask to see the prison doctor or dentist. In Honiara, patients requiring hospitalisation are admitted to the National Referral Hospital. A segregated wing at the hospital known as the secure ward is specially reserved for prison patients. The standard of care in the hospital is poor with very limited resources. Medication is not charged for.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report, via the High Commission, addressed to you.

Food and Diet

Meals in the prison are basic but acceptable by local standards. Three meals a day are provided. These generally consists of rice and fish and meat (this is more than most families in the Solomon Islands receive). The facility at Tetere (pre-release centre) has a Prison Farm. Most other prisons have their own small gardens growing local produce, which the prisoners may use to supplement their meals

Mail/Parcels

Friends and family can send mail and parcels to the High Commission and we will deliver to the prison. The High Commission is not able to forward mail on your behalf back to the UK. All letters are opened and checked by prison staff before they are given to prisoners. Mail can be sent directly to the prison from the UK. However, this is not recommended due to the variable standards of the local postal service.

Can I make telephone calls?

Telephone calls from prison may only be made in exceptional circumstances. Mobile phones in prison are strictly not allowed in your possession.

Leisure and entertainment

Learning the language: Speaking Pidjin will help you understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. The prisons do have televisions but because of local services the programmes are limited. The prison does plan activities between the units. Because the Solomon Islands are a strong church going country, the prisons have active bible groups and choirs in all prisons. Indoor games are also made available.

Drugs

Do everything you can to find other ways to cope with life in prison and avoid consuming drugs. Cigarettes are allowed and are obtained from visitors or can be purchased through the Prison Affairs Office.

How can I make a complaint about mistreatment?

A process is in place; raise your complaints by speaking to the prison officers for investigation. If there is an internal complaint, talk to the prison internal affairs. Officers will resolve matter or escalate through the internal process.

The Solomon Islands Judicial System

Is the system the same as the UK?

Being a former British Colony the legal system is similar to the UK. Since the Regional Assistance Mission to the Solomon Islands (RAMSI), the judicial system has been supported by overseas advisors, who were in the country to develop the capacity of all aspects of government infrastructure including law and order.

The main differences in the courts are that there is no jury system. Individuals are tried by High Court Judges and Magistrates. Although there is a level of corruption in the country, the police and penal systems are relatively stable (but not of course completely immune). You should therefore not enter into any activity that may compromise your integrity.

Remember, you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British High Commission.

What should happen if am arrested?

If you are arrested on Guadalcanal you will initially spend some time in a police cell in Honiara. Police should read the charges and your rights. Whilst you are there police will usually gather evidence and interview you. During interview you do not have to say anything if you do not wish.

You are entitled to a lawyer, if you are unable to afford one, a legal advisor from the Public Solicitor’s Office (PSO) will be appointed to you. A list of lawyers can be found in Annex A. This list is not comprehensive and the High Commission takes no responsibility for the advice given by such individuals and organisations.

The Police may grant bail, however if they do not, you should be seen in court within 24 hours. There is a Saturday court to enable this at weekends.

If you are arrested outside of Guadalcanal, the legal process may take longer. There are only limited court facilities in the outer islands, most notably Gizo in Western Province, Kirakira in Makira Province and Auki in Malaita Province. You should be aware that due to the remote nature and limited scheduled services to these places, a member of the High Commission staff may not be able to see you for some time. They will however try and contact you by phone.

When in police custody you are likely to be given your own cell, although this cannot be guaranteed. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away, however you should be given a receipt for this.

For how long can I be remanded in custody?

You can be held for 14 days at a time. After this time you will be brought back to court for this period to be renewed, this will continue to occur until the case is concluded.

What happens when I am charged?

At the end of investigations you will be charged and first hearing date set. Depending on the type of offence you will either be tried in the Magistrates Court, or for crimes such as murder, rape or sex with a minor you will be tried in the High Court.

What provision is there for bail?

The right to bail can be granted by the arresting officer. If however this is not given you can apply to the Magistrates Court for bail, except in the case of murder where the application needs to go to the High Court. If bail is granted, the Court will probably require the surrender of your passport and travel documents as a condition of bail.

What kind of legal assistance is available?

Consular staff cannot give legal advice, but they can provide you with a list of lawyers, most of whom speak English. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers for the Solomon islands is included in this information pack.

Normally, if you hire a private lawyer he/she will ask for a cash advance on his/her estimated legal fees before he/she will take your case on. The British High Commission cannot pay legal fees or guarantee to a lawyer that you will pay them. If you cannot afford a private lawyer you can apply at any time for a public defender, through the Public Solicitor’s Office

As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). If you do decide to pay for a lawyer, it is wise to agree a flat fee for the whole case before they begin work or you may find yourself facing ‘extra expenses’. Ex-prisoners advise talking to other prisoners as they often know which lawyers to avoid and what hidden costs there might be.

What happens at the trial?

There is no jury system in The Solomon Islands. Trials are heard by either a Magistrate or High Court Judge. The court will be made up of the judge, prosecutor, defence and clerk of the court. If required the court will provide an interpreter for you, although most cases are conducted in English.

The prosecution have to prepare written statements. All copies of statements and information pertaining to the case, which is reliant in court, has to be shared with the defence. This includes information on any witnesses to be produced at the hearing. Consular staff cannot act as interpreters, but they can attend court hearings as observers.

Sentences

After the court hearing, a sentence is given by the Judge.

How can appeals be made?

If charged in the Magistrates Court, the accused have the right to appeal their conviction and/or sentence to the High Court through their lawyers. If charged in the High Court, one can appeal to the Court of Appeal which sits twice a year.

What provision is there for reduction of sentence (remission) e.g. for good behaviour?

When imprisoned for an offence the sentence is automatically reduced by one third (not relevant for prisoners given life sentences). If prisoners misbehave or commit another offence whilst in custody, the original sentence will be re-imposed.

What provision is there for early release e.g. on parole?

The only opportunity for early release is if a prisoner has less than 12 months left to serve. Consideration may be given but may not necessarily be granted.

What provision is there for clemency or pardon?

There is very little provision for clemency or pardon. Ministerial approval is required for this to take place.

What about any financial penalties?

Because of the low incomes in the Solomon Islands, fines given by the courts are generally not very high and are about SB$100 – SB$300 (£10 – £30). However failure to pay the same day will mean automatic imprisonment of at least 20 days.

Is transfer to another prison within the Solomon Islands possible?

If you are imprisoned in the outer islands, as an expatriate you may be transferred to the main prison in Honiara. There are prisons in Gizo, Auki and Kirakira with a very small facility in Lata, Temotu Province.

Is transfer to the UK a possibility?

At the moment there is no provision for transfer of UK prisoners back to a UK prison.

What are the procedures for release and deportation?

Upon release expatriates can be deported if the Minister of Immigration considers the individual is of undesirable character, their visa has run out or they cannot support themselves. If the Minister decides under the Deportation Act to instigate proceedings, the notice to deport will go before a Magistrate.

Additional Information

For expats, treatment and care in prison may differ (not guaranteed). A separate cell can be arranged if there is room although cells are designed for multi-occupants.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand.

Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment.

In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner and Family Support Service will be your point of contact for advice and information.

The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

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

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 09.30hrs to 4.30 pm, UK time)

Email: [email protected]

Website:

Annexes

Annex 1: List of English-Speaking Lawyers

Annex 2: FCDO leaflet: In prison abroad

Annex 2: FCDO leaflet: Transfers home for prisoners abroad

Annex 4: Prisoners Abroad authorisation form

Annex 5: Prisoners Abroad family contact form

Annex 6: Prisoners Abroad CFF form

Annex 7: Fair Trials

Annex 8: Reprieve information