Guidance

Information for British people arrested or detained in Iceland

Updated 24 July 2023

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 covered in our guidance: 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 Iceland 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 provide.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

In Iceland, the British consular representative is the Pro Consul at the British Embassy in Reykjavik.

Contact information

You can contact us in Iceland 24 hours a day, 7 days a week, for help or advice.

British Embassy
Laufasvegur 31,
101 Reykjavik,
Iceland
Telephone: +354 550 5100
Fax: +354 550 5105

Email: [email protected] or [email protected]

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 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.

Police should notify the detained that he can contact the embassy for assistance if the detained wishes. If you are not notified by the police you should request the assistance.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See the lawyer list - Iceland
• 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 or 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 prisoners’ welfare charity 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

If you are arrested or detained in Iceland:

• the authorities should ask whether you want them to contact the British embassy (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 on +354 550 5100 and press option 2 for consular assistance, 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.

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 Iceland.

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 and imprisonment in Iceland

Overview

Being detained is not a sentence of imprisonment but time on detention is normally of any prison prison sentence if you are convicted.

There are 5 prisons in Iceland. Three of these are closed prisons (Hólmsheiði, Akureyri and Litla-Hraun), and 2 are open prisons (Sogn and Kvíabryggja).

As of 2022, the total prison population was 140 prisoners (in 2021 approximately 18% were pre-trial detainees).

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When an individual is arrested they are informed why. If you are arrested for the purpose of investigating a case you have the right to contact a lawyer immediately after being arrested. The police must appoint a lawyer for you if you ask for one.

You may also contact your next of kin unless the police believe that it may interfere with the investigation. If this is the case, they will contact your next of kin themselves as soon as possible and tell them that you have been arrested and where you are located.

You can also contact the British Embassy in Reykjavik to request consular assistance. The police have to inform the British Embassy in Reykjavik of the arrest if you ask them to do so.

Immediately after you are arrested, the police will take you to a police station where you might need to wait before making a statement. The police can hold you for 24 hours before charging you. If you are charged you are taken in front of a judge within 24 hours who decides if you will be remanded in custody. If you are remanded, you will be taken to prison.

If you don’t speak Icelandic the police will provide an interpreter.

When you arrive at the prison

When you arrive at prison in Iceland an interview takes place where the main prison rules and possibilities for work or study are discussed. You also need to provide details of your next of kin to the prison authorities.

Visits: friends and family

Visits by family and friends are permitted, as long as you are not in isolation. The law allows prisoners to be held in isolation whilst the police build their case. You can appeal a decision but the courts generally allow 3 to 4 weeks of solitary confinement for this purpose.

In closed prisons (Hólmsheiði, Akureyri and Litla-Hraun) family can visit you at least once a week but friends cannot visit more than twice a month (except in exceptional circumstances). In open prisons (Sogn and Kvíabryggja) family and friends can visit you at least once a week

Children must be accompanied by a legal guardian when visiting a detainee or prisoner. The Icelandic register (Þjóðskrá) must provide certified documentation to confirm who the child’s legal guardian is. The Icelandic register can be contacted on +354 515 5300. It may take a few days for the Icelandic register to process these requests.

Visitors should consult FCDO travel advice before travelling to Iceland for the latest information on safety and security, entry requirements and travel warnings.

Arranging visits

If you are in isolation you will be in a prison cell alone and will not be in contact with other prisoners or be allowed visits other than from lawyers, police, prison guards and medical staff.

If you are not in isolation you are allowed to have visits at least once a week. The Prison Governor can authorise more frequent visits or decide whether more than one person can visit you at a time.

You will need to give a list of visitors to the prison guards. The guards need to check the list and agree every visitor on the list. This can take up to 2 weeks. After the visitors list is agreed you can apply for visiting hours.

You will need to notify the visitors that they are on your list. Visitors will need to email [email protected] or [email protected] and confirm that the prison authorities can do a background check on them.

All visitors must be able to present formal identification such as a passport or driving license.

Visitors cannot bring goods or any objects into the prison.

Children must be accompanied by a legal guardian when visiting a detainee or prisoner. The Icelandic register (Þjóðskrá) must provide certified documentation to confirm who the child’s legal guardian is. The Icelandic register can be contacted on +354 515 5300. It may take a few days for the Icelandic register to process these requests.

Visits: consular staff

After being notified of your arrest we can contact you and visit you if that is what you want.

In the longer term, we can visit you in prison every 6 to 8 weeks and keep in touch with you by phone.

During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff.

Emergency trips outside of prison

You may be allowed to make an emergency short-term trip outside of the prison for compassionate reasons. In accordance with Icelandic law (Law no. 15/2016, article 61), prison directors may grant short-term leave for reasons including:

• to visit a close relative or other close family member who is seriously ill
• to attend the funeral of a close relative or other close family member
• to attend the birth, baptism or confirmation of the prisoner’s child
• to attend to particularly urgent personal interests

Prison: conditions and daily life

Prison conditions in Iceland are generally of a high standard. Inmates often speak positively of prison staff and prisons have a generally relaxed atmosphere. Violence and drug-use amongst prisoners is sometimes a problem, particularly at Litla-Hraun Prison.

Accommodation

Cells are typically single-occupancy with a bed, full bedding, wardrobe, desk, chair, shelves and call system.

Sentenced prisoners and those detained before trial are held in the same facilitates (with the exception of the first 24 hours after arrest, when detainees are held in police establishments). Prison facilities are sex-segregated.

Prisons have a library with a range of books available for prisoners. You can watch TV in the shared lounge or apply for a permission to have your own TV or laptop in your cell. You will also get time outside each day and can exercise and play sports during your free time.

Food and diet

Prison authorities provide a balanced diet that meets the necessary daily nutritional requirements. Special diet can be provided on medical grounds, for example, if you have diabetes or high blood pressure.

Work and study

All prisoners must either work or study unless deemed medically unfit by prison doctors.

Prison work consists of carpentry, brick production, cleaning, laundry work, screw bit production, licence plate and bill board production, car cleaning and construction.

The Suðurland College (Fjölbrautaskóli Suðurlands) operates a school within the prison and also offers distance learning. Educational and employment advisors and an education manager are available to help and advise you.

You will also have access to the prison library.

Exercise

You will get time outside each day and can exercise and play sports in your free time.

Religion

You can contact a priest or a representative of a registered religious community or philosophical organisation. You can practise your religion or philosophy and the associated food habits and prayer sessions will be considered, as far as possible, in decisions about your work and study.

Prison: access to help and services

Receiving money

The Icelandic prisons have individual bank accounts. Friends and family can transfer funds from abroad via banks or Western Union, to the prison where you are serving your sentence. The prison will then transfer the money over to you.

There are 2 ways you can receive financial assistance while in prison:

• private funds (deposited 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.

Medical and dental treatment

While you are detained, Iceland is responsible for ensuring your basic medical needs are met.

Healthcare is provided by local healthcare facilities. Every prisoner should get access to similar health care as Icelandic citizens, in accordance with the Icelandic law on healthcare. Medicines prescribed by prison doctors will be given to you at specific times of the day.

You are entitled to dental treatment but you will have to pay for services yourself.

There are 2 full-time psychologists employed by the prison authorities. They offer psychiatric treatments and counselling regarding the treatment of prisoners. They also offer drug counselling and alcohol treatment.

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

All deliveries, letters and parcels go through the prison offices and can only be delivered during office hours. Prisoners cannot receive products at the prison unless they have received permission from the prison before-hand. Parcels containing food items, drinks, tobacco, snuff, chocolate, sweets and hygiene products are banned.

You can receive personal items, clothing, cosmetics and other items for daily use if these items are not banned by the general security regulations. For example, you cannot receive glassware, any items that can be made into a weapon, non-defined powders, liquids or narcotics.

All items you receive must be handed to prison staff. They will decide whether you are allowed to have these items in your cell or if they will be securely stored until you are freed from prison. Illegal items will be seized by the Police.

Telephone calls

You will have to pay for your own phone use. Times when you are allowed to use the phone are displayed. You cannot receive any incoming phone calls but friends and family can leave messages for you on an answering machine that is checked 3 times a day. Prison staff will pass on these messages.

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 Icelandic 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.

Under Icelandic law (Law no. 15/2016, Article 95) you are able to appeal against decisions taken by the prison directors and the Prison Probation Administration. These appeals can be made to:

Icelandic Ministry of the Interior
Sölvhólsgötu 7
101 Reykjavik
Tel. +354 545 9000

Under Icelandic law (Law no. 15/2016, Article 23) you can also contact the Parliamentary Ombudsman:

Þórshamar
Templarasund 5
101 Reykjavík
Tel.+354 5106700

Email: [email protected]

Chapter 3: the Icelandic judicial system

Overview

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.

The criminal justice system of Iceland

Structure

All police activities in Iceland are operated by the state. The Minister of Justice is the supreme commander of the police.

The National Commissioner of Police acts on behalf of the Ministry of Justice in police affairs, particularly with regard to the regional Commissioners of Police. They also act on behalf of the Ministry for Foreign Affairs, with regard to the Commissioner of Police at Keflavík International Airport. The Icelandic name for the National Commissioner of the Icelandic Police is “Ríkislögreglustjórinn”.

Iceland is divided into 25 police districts which correspond to the administrative districts of the country. District Commissioners are also Commissioners of Police. In Reykjavík there is a separate Police Commissioner.

The Commissioners of Police oversee to the day to-day administration of the police in their districts and are responsible for police functions. They are also in charge of searches for missing persons along with rescue and salvage operations on land. Police officers have powers in all parts of the country, regardless of district boundaries.

Branches of law and order

The District Commissioners represent the Government locally, there is one in each district. These officials serve as Regional Commissioners of Police, Chiefs of Customs and are responsible for the collection of various fees for the State. They also have responsibilities in relation to family law and the Legal Competence Act. In Reykjavík, which is the largest district, these functions are divided between three institutions, the Reykjavík Commissioner of Police, the Reykjavík Commissioner of Customs and the Magistrate of Reykjavík

Iceland has no armed forces. The police is organised along non-military lines and members of the police force have civil status. There are restrictions on the police’s use of force and police officers are unarmed while on duty except for a short baton and a canister of defensive spray, but all policemen are trained in the use of firearms.

Criminal law

The Icelandic Criminal Law is divided into 2 main parts, the penal code (hegningarlög) and a special law (sérrefsilög), which is for minor offences and offences concerning the various fields of society.

Police can start an investigation because of knowledge or suspicion of a crime, whether or not a complaint has been received. The Director of Public Prosecutions may give orders to police to begin an investigation. The purpose of investigation is to collect any evidence necessary to decide whether to prosecute.

Police may only make arrests when they strongly suspect someone has committed a crime or when someone refuses to obey police orders to move.

Time constraints

Criminal liability lapses after the following period of time:

• 2 years: if the prescribed penalty does not exceed one year in prison, or if the penalty deemed suitable does not exceed a fine
• 5 years: if the prescribed penalty does not exceed 4 years in prison
• 10 years: if the prescribed penalty does not exceed 10 years in prison
• 15 years: if the maximum penalty prescribed exceeds imprisonment for a definite period longer than 10 years

Criminal liability for offences involving evasion of customs duties, taxes or other charges payable to public authorities, does not lapse until 5 years have passed. If a person is guilty of conduct punishable under more than one criminal provision, criminal liability for the crime with the heaviest penalty applies.

The Courts

The ordinary judicial court are divided into 2 groups: District Courts and the Supreme Court. The District Courts are independent and can be found in each of the 8 districts. The Supreme Court is the highest court in Iceland and acts as a Court of Appeal. The Supreme Court consists of 9 judges, of which 3 to 5 are assigned to each case (7 in very serious or important cases).

Prisons in Iceland

There are 5 prisons in Iceland, 2 of them are situated in the capital area and 3 in the country.

As of 2022, the total prison population was 140 prisoners (in 2021 approximately 18% were pre-trial detainees). In 2021, approximately 6% of prisoners were female and 23.3% of prisoners were from foreign countries.

Human rights

The Icelandic Constitution includes various provisions defending human rights. Article 65 states that all persons are equal before the law and enjoy human rights without respect to their gender, religion, opinions, national origin, race, colour, financial standing, family and standing in other respects. Women have the same rights as men in all matters. Legislation on judicial procedure and the Police Act contain various provisions designed to guarantee the right of individuals in their dealings with the authorities.

First steps

What should happen after you are arrested

When you are arrested you are entitled to:

• legal counsel
• receive written information that outlines your rights and options
• appear before a judge within 23 hours of your arrest. The judge will rule whether you need to remain in custody during the investigation

Only the major metropolitan centres have facilities to detain people. If you are detained then it’s likely that you will be transported to the closest major town, probably Reykjavik, Akureyri or Egilstadir.

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

Bail

The law allows prisoners to be held in isolation whilst the police build their case. You can appeal a decision but the courts generally allow 3 to 4 weeks of solitary confinement for this purpose. Your lawyer will be the best placed to advise on this matter.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

Defendants are provided access to legal counsel of their own choosing with sufficient time in general to prepare their defence. For defendants unable to pay lawyers’ fees, the state covers the cost, as set by the court. However, defendants are required to reimburse the state. Defendants have the right to be present at their trial, to confront witnesses, and to participate in the proceedings.

If you wish to hire a private lawyer, see our 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.

Trial

The law gives you the right to a fair trial, and an independent judiciary generally enforces this right. Juries are not used, but multi-judge panels are common, especially in the Supreme Court, which hears all appeals. All judges are appointed for life and are independent.

On the day of your trial you will be taken to the Court Office where your case is being handled. There will be a judge in charge of your case, along with your lawyer.

Sentences

On your trial day you will be taken to the Court Office where your case is being handled. There will be a judge in charge of your case along with your lawyer.

Appeals

You have the right to appeal through your lawyer and appeals are generally handled quickly.

Reaching the end of your sentence

Early release

Prisoners are eligible to apply for parole either after having served 50% of their sentence or 2-thirds of their sentence

Prisoners who are serving time for non-violent crimes and who have shown good behaviour can apply for parole after they have served 50% of their sentence in prison.

When prisoners have served 2-thirds of their sentence the prison authorities in Iceland have the authority to release prisoners on parole.

Clemency or pardon

In Iceland, pardon/clemency can only be given by the President. In these cases you will be released from prison but will be on parole for a period of one to 4 years.

Financial penalties

Financial penalties are forwarded from the Prison Authorities to IMST (The Central Financial Penalties and Legal Cost Processing Authority in Iceland) for processing. Your lawyer can advise on how the IMST will claim back any financial penalties you have incurred.

Transfer to another prison within Iceland

Depending on the crime you committed, you may be eligible for a transfer to an open prison. You have to apply for a transfer through your lawyer and the Icelandic Prison Authorities.

Transfer to a prison in the UK

To transfer to a prison in 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 Iceland may refuse your request. Even if the authorities in Iceland agree to your transfer, the UK authorities may refuse your request. Reasons for this might include if you have not lived in the UK for a number of years or if you have no close family living there.

Release and deportation

Any prisoner subject to deportation will be escorted by 2 Police officers directly from the prison to Keflavík airport and from there, by airplane to the destination country.

If you are released without having a deportation order, you can leave the country at any time at your own expense.

Sometimes people find that they face difficulties adjusting to life in the UK after 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 in the UK:

• 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

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.

After 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 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

They can also provide Freepost envelopes to help you stay in touch with others.

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 to 93 Fonthill Road
London N4 3JH
UK

Annex

• FCDO guidance: support for British nationals abroad

• FCDO guidance: arrested abroad: advice for British nationals

• list of English-speaking lawyers in Iceland

• Prisoners Abroad forms