Guidance

British prisoners in Ireland: information pack

Updated 10 September 2021

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This publication is available at https://www.gov.uk/government/publications/ireland-prisoner-pack/british-prisoners-in-ireland-information-pack

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

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, but they 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 on our Support for British nationals abroad guide.

This detention information pack is designed to give you, and your family and friends, information about the local system in Ireland and who can help. A printed copy is provided 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 Consulate (and must do so if you want them to)
  • even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
  • friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 20 7008 5000

In some countries, the authorities might notify the British Embassy even if you don’t 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 London, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Ireland is located at 29 Merrion Road, Ballsbridge, Dublin 4. Our consular team can be contacted at 01 2053813 or 01 2053816.

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 020 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff 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 Ireland, notification by the authorities to the Embassy is not automatic and you must let the prison know if you want us to be informed.

Once we are notified, we aim to contact you as soon as possible.

We can also:

  • provide a list of local lawyers (see also - what kind of legal assistance is available?)
  • provide general information about the country, detention conditions, and the local legal system
  • 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 regarding 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

Please note that you should be provided with a booklet by the Prison Authorities on the rules of the prison that you are being detained in.

What we cannot do:

  • get you out of prison or detention
  • help you get special treatment
  • offer legal advice, start legal proceedings or investigate a crime
  • pay for any costs as a result of being arrested
  • forward you packages sent by friends or family
  • prevent authorities from deporting you after release

First steps

Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being. We will not be able to discuss your circumstances with anyone without your consent.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. 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.

Will the UK Police be informed?

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. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Ireland.

Do I need a lawyer? / How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. Ireland does have a legal aid. Please discuss with your legal representative whether you may be entitled to Legal Aid. We can give you a list of local lawyers which is attached to this pack. See also - what kind of legal assistance is available? You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Who else can help me?

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 Ireland

Visits: friends and family

Can my family and friends visit me? How can I arrange a visit?

The Prison Rules governs visiting arrangements. Under these rules:

  • a sentenced prisoner over 18 is generally entitled 1 visit per week of at least 30 minutes duration
  • a sentenced prisoner under 18 is generally entitled 2 visits per week of at least 30 minutes duration
  • a remand prisoner is generally entitled to 1 visit of at least 15 minutes duration on each of 3 days of the week and where possible, on each of 6 days

Additional or longer visits may also be permitted. Virtual visits may also be allowed where facilities are available.

Each prison has its own booklet of prison rules. You should be automatically given your own booklet. If not, please ask for a booklet. We advise that your family and friends contact the prison well in advance so that they can arrange to visit you. There are a number of prisons throughout Ireland and they can be found on the Irish Prison Service website.The location of your prison and directions including visiting rules and conditions, are noted on this website.

In order to receive visitors you need to provide the prison with the names of the people who will be visiting you for them to be added to the Prison Visiting list. The website will provide information on what can and cannot be brought into the prison by visitors.

What can visitors expect?

Most visits are in communal areas but you can ask for private family meetings in family rooms. Visitors are not permitted to bring any items into the visiting room which they may wish to pass to the prisoner. As previously stated any permitted items may be given to a staff member who will issue the visitors with a receipt.

Visitors must bring photo ID (such as a passport or drivers licence) to the prison or entry may be refused. Visitors are only permitted to bring their identification. All other personal property such as money, bags, keys phones etc. must be left/kept in their cars or in the lockers that are available in the visitor centre.

(Please note that there is a search process in operation in all prisons. You will be asked to stand still while a dog walks around you to check for drugs.)

What can visitors bring?

To safeguard prison security and for the safety of staff, prisoners, and visitors there are very few items which can be brought into a prison. A visitor may bring cash to be lodged to the prisoners account (up to a maximum of €100.00). Visitors may also bring clothes, footwear, mail, photographs, books, and magazines. Visitors may leave these items with the prison staff who will issue the visitor with a receipt. All packages are subject to security search and may be sniffed by the drug detection dog.

Visitors may not bring in items such as cigarettes or food or any other type of contraband. Contraband is anything that is not allowed in the prison such as drugs, weapons, unauthorised medicines, unauthorised money, mobile phones, cameras, or sound recording devices.

It an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices (mobile phones).

It is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report seizures of mobile phones to the Gardaí.

Visits: consular staff

Consular staff will visit you once when you initially enter the prison and once after you have been sentenced. Thereafter we will only visit if you have a specific issue that you need our help to resolve. We can be contacted on 01 2053813 or 01 2053816.

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. At each consular visit we will go over the normal procedures including possible repatriation back to the United Kingdom to do the remainder of your sentence there. This is not automatic and it is up to the Irish Minster for Justice to decide. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

If you wish to contact us or request a subsequent visit you can write to us at any time on matters of concern. Our address is The British Embassy, Consular Section, 29 Merrion Road, Ballsbridge, Dublin 4.

We will then contact the prison to request that we are allowed to visit you.

Emergency trips outside of prison

In the event of an emergency, like the death of a member of your family, you can request that you be allowed to attend a funeral. This is not automatic and the Governor will make that determination. This is only if you are based in Ireland. This will not be allowed if your family are in the UK.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

The police in Ireland are called An Garda Siochana. An individual officer is called a Garda Officer and they are collectively called the Gardai.

When you arrive at a police (Garda) station details of the offence must be set out in a “charge sheet”. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.

A custody record must be kept in respect of every person doctor in custody. If you are transferred to another Garda station the member in charge of the station from which you were transferred must send the custody record with you.

When you are arrested you are entitled to make one call from the Garda Station. You can call a family member or ask the Gardai to put you in touch with a local solicitor. You can also ask to speak directly to the British Embassy at any time during your initial arrest.

When a British citizen is arrested and detained in an Irish prison the Irish Prison services must inform you of your right to consular assistance. You have the right to have this notification done by the prison or you can write directly to the Embassy yourself. However, we often learn of an arrest informally from friends or family, or the prison social worker.

If you want us to, we can tell your family or friends that you have been arrested. Your family can also find out what is happening to you by contacting Consular Directorate at the FCO in London (telephone number +44 (0)20 7008 5000) and ask for the casework desk officer for Ireland. If you are thinking of not telling your family, please consider the distress it may cause them if they do not know of your whereabouts. It can also be a disadvantage to you if you need money for anything in prison or fall ill.

Please note that if you feel that you need to see a doctor while in the station, please bring this to the attention of the duty officer.

Appearance at court

Once you are charged and cautioned, you must be either:

  • be released on bail by the member in charge of the station (a form of bail known as station bail)
  • transferred from the Garda station to the District Court as soon as reasonably possible. If you are arrested after 5pm you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the Judge

There are four main courts in Ireland: The District Court, the Circuit Court, the High Court, and the Supreme Court. Other courts in operation are the Special Criminal Court and the Court of Criminal Appeal.

The District Court has jurisdiction over minor civil and criminal matters. You can appeal the outcome of a case heard in the District Court to the Circuit Court.

The Circuit Court has jurisdiction in more serious civil and criminal matters. You can appeal the outcome of a case heard in the Circuit Court to the High Court.

The High Court is presided over by a President of the High Court. It also has jurisdiction over civil and criminal matters. For example, the most serious criminal offences, such as murder, are dealt with by the High Court.

The Court of Criminal Appeal hears appeals from criminal cases heard in the Circuit Court and High Court.

The Supreme Court was created as the final court of appeal and is presided over by the Chief Justice.

Information

There are two types of criminal offence; a summary offence, which can be tried by a District Court Judge sitting without a jury, and an indictable offence, which is tried by a Circuit or High Court Judge sitting with a jury.

If you have been charged with a summary offence, you may be represented by a solicitor and/or barrister. Criminal legal aid is not generally available at the District Court.

If you have been charged with an indictable offence (Indictable offences are serious charges which can or must be tried before a judge and jury in the Circuit Court or the Central Criminal Court) you will normally be represented by a solicitor and a barrister (counsel). Usually, you will be represented by a solicitor, a junior counsel and a senior counsel. If you qualify for criminal legal aid, the state will cover the cost of your lawyers.

When you are brought to the District Court for the first time after you are charged, the court has two options:

  • it may remand you in custody for a period of no longer than 8 days. This means that you are detained in custody until a particular date when you will be brought back before the court. This date is called the remand date. If you are remanded in custody in Dublin, you will be brought to Cloverhill Prison
  • it may remand you on bail for a period that is longer than 8 days if you and the prosecution consent. This means that you are released on bail but you must appear before the Court on a particular date (the remand date)

When you are brought before the District Court for the second and subsequent times the Court has two options:

  • it may remand you in custody for a period of 15 days or less
  • it may remand you in custody for a period of 16 to 30 days if you and the prosecution consent

Initial arrival at Post

When someone is arrested and is remanded to prison in the first instance any belongings that are not part of the investigation, process, or evidence will be sent to the prison if the prison has enough space to keep them. It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers. You should check with the prison that any belongings taken from you at arrest have arrived at the prison. Please inform the Governor of the prison if anything is missing.

The British Embassy cannot store your personal belongings on your behalf. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. But if you are sentenced everything taken from you at arrest should be sent to the prison to await your release. This measure is taken by the courts to prevent you from skipping bail.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, etc.). Please immediately inform the prison if you have any medical condition that you are taking medication for or any ongoing medical issues that they should be made aware of.

You should be given a booklet in prison on the general rules and condition of the prison you are housed in. This is very often missed by the Irish Prison services. Please make sure that you ask for one. There should be a copy held in the library but try and obtain your own copy.

Prison conditions and daily life

There are 14 institutions in the Irish Prison System consisting of 11 traditional “closed” institutions, two open centres, which operate with minimal internal and perimeter security, and one “semi-open” facility with traditional perimeter security but minimal internal security (the Training Unit). The majority of female prisoners are accommodated in the purpose built “Dóchas Centre” and the remainder are located in a separate part of Limerick Prison.

Accommodation

On arrival in the prison you will be given a certain category. This will be determined by the crime you are being accused of or have been found guilty of. This will be discussed by the prison staff and you will be advised.

There are protection wings for certain prisoners. You can be request to be placed in a protection wings if you feel you are at risk.

Single cells are not common and you will likely be asked to share a cell.

Please note that each Irish prison runs what is known as an enhanced wing where prisoners are rewarded for their good behaviour and placed on wings with better facilities. Please speak to the Governor about access to these wings.

Food and diet

You should receive a healthy, well-balanced and reasonably varied diet. If you are a member of a particular religion or culture, or if a doctor recommends that you follow a special diet for medical reasons, the Governor will try, as far as possible, to accommodate your dietary requirements. (You can speak with the prison doctor directly or ask to speak with a Prison Assistant Governor/Governor regarding your dietary requirements).

Hygiene and Clothing

You do not have to wear a uniform but are supplied with a range of clothing. Changes of underclothing are supplied to all prisoners. You may, at the discretion of the Governor, be permitted to wear your own clothing provided it is kept clean and is sufficient to keep you warm and healthy.

All prisoners are entitled to wash daily and shower at least once per week. Cell bedding must be adequate for warmth and health and you should not be required to sleep without a mattress.

Adequate sanitary and washing facilities should generally be provided your cell or room. Where this is not possible, a prisoner must have reasonable access to sanitary and washing facilities.

Work and study

The Irish Prison Service places a strong emphasis on the provision of vocational training activities for prisoners. Training activities are chosen to give as much employment as possible in prison and to enable prisoners to acquire skills which help them to secure employment on release.

A wide range of training workshops operate within the institutions, including: printing, computers, braille, woodwork, metalwork, construction, craft and horticulture. In addition, essential services for the prisons, such as catering, laundry services and industrial cleaning are provided through work training.

Educational services are available in all prisons and are provided in partnership with a range of educational agencies including the Educational Training Boards (ETBs), Public Library Services, the Open University and the Arts Council. The Department of Education and Skills provides an allocation of 220 full-time teacher equivalents.

Literacy, numeracy and general basic education provision is the priority and broad programmes of education are made available which generally follow an adult education approach. Programmes are adapted to take account of the diversity of the prisoner population and the complex nature of prison life. Junior and Leaving Certificate courses are available. QQI accreditation is widely used by the ETBs.

Contact and languages

A library is available in each prison. Library services are generally provided in partnership with the relevant local authorities. Prison officers have a key role in facilitating the availability of services in the evening and at weekends.

The library service tries to reflect the material available in the wider community, including books available in languages other than English, audio books and easy reader materials.

Exercise and recreation

Prisoners are free to take part in recreation at weekends, in the evenings and when not attending work or educational classes. Facilities include television, table games, library facilities, gym activities and outdoor games. Specially trained prison officers provide gym instruction and supervision.

Climate

The climate of Ireland is mild, humid and changeable with abundant rainfall and a lack of temperature extremes. Irelands’ climate is defined as a temperate oceanic climate, a classification it shares with most of northwest Europe. The country receives generally warm summers and cool winters.

Religion

A chaplaincy service is available in each prison. Full-time Roman Catholic chaplains are attached to most prisons and places of detention. Chaplains of other denominations come to the prisons on a part-time or visiting basis. Local Muslim religious leaders attend to the needs of Muslim prisoners.

The primary function of the chaplaincy service is to make religious services available to prisoners and to offer support and assistance in their human and spiritual development.

Rules and regulations (including drugs)

You will be provided with the Prison Booklet of their rules/regulations and information on the daily routine of the prison.

It is widely known that drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc.) you will be punished accordingly and may have a term added to your sentence. As a result you may lose your job or school place and might be sent to confinement for a set period.

If you break any of the prison rules you will be a given what is known as a P19 advising you what rules you have broken. You will be brought before a Governor and will have the chance to discuss this. If the charges are upheld you may well lose certain privileges

Prison: access to help and services

How can I receive money?

The Irish Prison Service has introduced two services to allow money to be lodged to your prisoner account for use in the prison tuckshop.

Your family/friends may now lodge money directly to the account using their mobile banking or banking app on their smart phone or they can use An Post Bill Pay in two ways:

You must nominate them as the relevant person providing their name and address in order for them to receive the An Post Bill Pay Card.

For details on how to use these services click on the following links which will give them the necessary details. They need to follow the instructions carefully and remember when lodging money via mobile banking please include the “PIMS” number or prisoner identification number in the reference field or their money will have to be returned.

The British government does not provide financial assistance to prisoners.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. See Chapter 4 for more details.

Can I receive medical and dental treatment?

While you are in detention, Ireland is responsible for ensuring your basic medical needs are met. A wide range of services are provided which include:

If you need medical or dental treatment you should make an appointment to see the prison doctor, optician or dentist. In some large prisons it can be difficult to get an early appointment but if the situation is urgent you should contact the prison social worker who may be able to get you an appointment more quickly than through the normal channels.

Prison doctors are often the equivalent of General Practitioners in the UK so any unusual or complex problems may be referred to a specialist outside the prison.

All medical attention to detainees is provided by the Irish prisons is the equivalent of the UK National Health Service (NHS). There may be delays for you to be seen by a hospital in Ireland and you will be placed on the public waiting list. You cannot avail of private medical insurance even if you have a policy.

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 liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Mail/parcels

There is usually no limit to the number of letters you may send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Please be aware that the prison will read your letters before sending to the recipient. If you have problems sending or receiving mail please notify consular staff and we will communicate with the Governor of the prison. (There is no charge for posting mail).

Consular staff will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health issue for which you need our help or if you have serious concerns for your safety. Please make sure you raise any issues with us during consular visits.

Can I make phone calls?

You are entitled to make phone calls and will be allocated phone card that you can add between 4-6 persons who you can call. You can change the names at any time. There is no charge for these calls. You are allowed to make at least 1 call per week to family if you are over 18 and at least 2 calls per week to family if you are under 18. The number of calls allowed to you increases if you are placed on an enhanced wing for good behaviour.

If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations. As a result, you may lose your job or school place and could even be sent to confinement for a period. Please inform the Embassy if you have any problems accessing phone calls.

How can I make a complaint about mistreatment?

If you have been mistreated, please 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 inform you of 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, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Please note: An official complaint must first be made directly to the Governor of the prison. You can request to see the Governor at any time on the Governor parade. The parade is when the governor will attend your wing and you can ask to see him when he visits. Speak to the officer in charge of the wing if you wish to see the Governor If you are having any difficulty in make a formal complaint you can write to the Embassy or let us know during the consular visit so that we take your concerns forward.

COVID restrictions in prisons

The Irish Prison Service introduced control measures within the prison to mitigate the spread of COVID at the start of the pandemic. If you are confirmed as positive for Covid-19 your family member who is registered as your next of kin will be notified. Prisoners who test positive are offered the opportunity to speak with their family members themselves.

Prisoners are still able to have their phone calls but there may be some restrictions with regard to prisoners in precautionary isolation but the Prison Service are trying to ensure that access to a telephone continues.

Prisoners continue to be able to access services such as drug counsellors or psychology. Psychology support is available over the phone, as is addiction support through Merchant’s Quay Ireland counsellors who also operate a phone support service.

Physical family visits are being re-introduced in most prisons as restrictions continue to be lifted in Ireland. All prisons had been operating video and phone visits during restrictions.

Chapter 3: the Irish judicial system

Overview and first steps

The Irish legal system is broadly divided into two branches: the civil side and the criminal side, each with its own specialised courts.

The Criminal Courts

The Criminal Courts deal with criminal cases. These are prosecutions brought by the State against people accused of crimes. The seriousness of the crime will indicate the Court in which the case is to be tried.

  • District Court - Summary jurisdiction, No Jury – Minor Offences, Jurisdiction to grant bail in most cases
  • Circuit Court - Appellate jurisdiction from District Court deal with all offences except those which must be dealt with in the Central Criminal Court. Criminal trials are heard by a judge sitting with a jury
  • Central Criminal Court -The High Court has full original jurisdiction in all matters, civil and criminal, When exercising its criminal jurisdiction, the High Court is known as the Central Criminal Court, Trials for the most serious of offences before a judge sitting with a jury
  • Special Criminal Court deals with two categories of offence: ‘scheduled offences’ and those certified by the DPP. . It sits with three judges and no jury
  • Court Of Appeal - The 28th October 2014 (“the establishment day”) was the day on which the Court of Appeal was established under the Thirty-third Amendment of the Constitution. Is an appellate court. It sits in divisions of three judges. It hears and determines appeals from the Circuit Court (a “case stated” concerning questions of law), the Central Criminal Court and the Special Criminal Court and applications for review of convictions or sentences alleged to result from a miscarriage of justice
  • Supreme Court - This is the court of final appeal for both civil and criminal cases. It can deal with appeals from (1) a decision of the Court of Appeal and (2) from a decision of the High Court

There are 2 types of offences that come to court – ‘summary offences’ and ‘indictable offences’. Summary offences are generally less serious offences, such as trespass or minor road traffic offences. These cases are heard in the District Court by a judge without a jury. The maximum sentence is 12 months imprisonment for a single offence. Indictable offences are more serious offences, such as assault, murder, rape etc. Trials for these offences are usually held in the Circuit Court or in the Central Criminal Court (which is part of the High Court), depending on the seriousness of the offence.

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.

What should happen when I am arrested?

When you arrive at a police (Garda) station, details of the offence must be set out in a “charge sheet”. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.

A custody record must be kept in respect of every person in custody. If you are transferred to another Garda station the member in charge of the station from which you were transferred must send the custody record with you.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. A list of local lawyers is provided at the end of this pack.

For how long can I be remanded in custody?

It is likely that you will remain in custody until your trial. There is no set time for this. From our experience it can take up to 18 months.

Hearings usually take place 3 to 6 months from the date of arrest although in some cases this may be longer. Normally the judge will hear the accused and the witnesses.

What happens when I am charged?

When you are brought to the Garda station, you must be cautioned with the following words:

“You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.”

If it is then decided to charge you, details of the offence must be set out in a ‘charge sheet’. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.

After you have been charged, the Garda must again caution you using the same words.

A Garda may search you after your arrest and take:

  • articles that they believe to be connected with, or evidence relating to, the offence charged or
  • articles that they believe to be connected with, or evidence relating to, some other offence or
  • articles that you might use to injure another person or property or to escape

Normally, the search will be confined to a body frisk and a search of your outer clothes. In limited circumstances, a strip search may be justified.

Once you are charged and cautioned, you must be:

  • released on bail by the member in charge of the station (a form of bail known as station bail)
  • transferred from the Garda station to the District Court as soon as reasonably possible. If you are arrested after 5pm you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the Judge

What provision is there for bail?

For a British national in an Irish prison serious crimes like drug trafficking can mean bail being denied as they may deem you to be a flight risk. Normally to get bail you have to have a current address in Ireland. Your lawyer will be best placed to advise on this matter. Bail might be decided by the police officer in charge of the case and the person will be held until the bail is paid.

The FCDO is not able to facilitate the transfer of bail funds.

If you wish to hire a private lawyer, a list of lawyers is provided at page. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

If you have no funds of your own you can apply for legal aid but you must prove to the court that you are not able to pay for a lawyer. The courts will decide if you qualify for legal aid. You can hire a lawyer yourself at any time after your arrest or the court can appoint you a lawyer. Normally by the time we are advised of your imprisonment you will already be in possession of a lawyer but the Consular section can still provide you with a list of Irish lawyers. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Consulate cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a public defender and if later on you manage to hire a lawyer the case will be transferred to the new lawyer. Your lawyer must be given access to you in prison.

What happens at the trial?

The prosecution must provide the defence with a Book of Evidence prior to the trial, which sets out the evidence they intend to present in the case against the defendant (the person on trial).

The trial begins with the indictment – a summary of the charge(s) against the defendant – being read out by the court registrar. An opening speech is then made by the prosecution, possibly followed by an opening statement by the defence.

The case for the prosecution

Prosecution counsel will open the case by telling the jury about matters that the prosecution intends to prove. They give an outline of the facts from the prosecution’s perspective in order to show the jury what the defendant did, how, and why.

After the opening address the prosecution will call and question witnesses – this is called ‘examination-in-chief’. Counsel will ask the witnesses questions to allow them to give their evidence in their own words. Documents and statements may be introduced. Forensic evidence may be introduced as exhibits (such as items of clothing, documents or weapons).

Often a witness was present when the offence was committed, either as the victim or as a bystander. A witness may also be a garda giving details of the arrest, a doctor giving medical evidence or a forensic officer reporting the findings. Some trials have expert witnesses (e.g. the State or Assistant State Pathologist). These are professional people who are asked to give their expert opinion on specific evidence.

When the prosecution has finished, the defence has the opportunity to question each witness, to find any weaknesses or contradictions in their evidence – this is called cross-examination. If the defence intends to challenge a prosecution witness’ evidence, the defence counsel must explain the basis for the challenge to the witness.

The case for the defence

The defence counsel will open the defence – in a criminal trial the accused is presumed innocent and the defence may choose not to call witnesses or present evidence.

It is up to the prosecution to prove that a defendant is guilty beyond reasonable doubt (the burden of proof). The defence must show that there are circumstances where doubt can be cast on the prosecution case. This means in effect that if there are other possible reasons for what occurred, then the jury should give the accused the benefit of the doubt.

The judge

The judge presides over the trial and is the decision maker when any legal issues arise. They may intervene at any time during the trial to halt irrelevant questioning or argument, or to clarify issues. The judge will also rule when the prosecution or defence object to lines of questioning. It is for the judge, to decide on points of law. Sometimes the jury is asked to leave the court while these legal arguments are discussed by the judge and counsel.

Summing up and direction by the judge

At the end of the trial, the judge will explain the law to the jury and summarise the facts of the case. The judge will give directions about the duties of the jury before they are sent to deliberate and consider a verdict. The jury will be directed to confine itself only to the evidence presented in court.

The verdict

If the verdict is guilty, this will be followed by sentencing, possibly at a later date. The judge will decide what sentence to impose. If found not guilty, the defendant is acquitted.

Sentences

Usually the Judge will set a later date for sentencing. This is to allow probation officers, social workers, doctors, psychiatrists or the Gardaí (depending on the particular case) time to prepare a report. These reports help the judge to decide on the sentence. The reports might include a Victim Impact Statement which will describe the effect the crime has had on the victim. If you were remanded to prison before your trial you remain in prison pending the sentence.

The courts will inform you, your lawyer/public defender, and the prison authorities of your sentence. If you do not have a private lawyer you will be assisted by public defenders who will put forward requests for benefits such as semi-open, parole etc., as soon as you are entitled to them.

Sentences vary greatly in Ireland and will depend on the seriousness of the crime. Please note that there is a zero tolerance to drug related crimes. Your lawyer/public defender will be best placed to advise you on length of sentences and on the appeals’ processes.

How can appeals be made?

The Court of Appeal hears appeals against convictions or sentences given by the Circuit Criminal Court, the Central Criminal Court and the Special Criminal Court.

You can appeal to the Court of Appeal about:

  • the severity of the sentence, or
  • an alleged miscarriage of justice

The Director of Public Prosecutions (DPP) can appeal to the Court of Appeal about:

  • the leniency of a sentence, or
  • a decision not to order a retrial

If the trial took place in a District Court, the accused can:

  • appeal the conviction or their sentence to the Circuit Court; and
  • have a full re-hearing of the case, which means that you would have to attend court as a witness again

If the trial took place in the Circuit Court, the Central Criminal Court or the Special Criminal Court, the accused can appeal the sentence or the conviction to the Court of Appeal (Criminal). In this court:

  • three Appeal Court judges sit together to hear the appeal; and
  • the judges read the transcript of the original trial instead of hearing evidence all over again

Usually, if the accused has been sent to prison, they must remain in prison while waiting for the case to go to the Court of Appeal (Criminal).

Reaching the end of your sentence

The Irish Prison Service works with the Irish Association for the Social Integration of Offenders (IASIO) to provide two operational services, the ‘Gate’ Service and the Resettlement Service. The ‘Gaining Access to Training and Employment’ (GATE) Service is a vocational service that offers guidance counselling and placement supports to referred prisoners with the overall aim of securing a placement in training or employment post-release. The Resettlement Service is a primary needs resettlement support service for detainees with less than 18 months left to serve. The Resettlement Service provides one-to-one support from the prison to the community, assisting detainees to access housing and welfare supports on release.

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

Prisoners have a right to remission of one-quarter of their prison sentence. However, part of this remission may be cancelled as disciplinary punishment. Whether or not you get remission depends on your good behaviour while you are in prison.

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

There are two kinds of temporary release:

  • day-to-day temporary release. This is normally to go to a job outside the prison during the day and return to the prison at night. This is usually considered when a prisoner is coming close to the end of their sentence
  • full temporary release either for a specified period or until the end of the sentence. This is normally granted on compassionate grounds in cases where urgent family or domestic circumstances arise. It is also considered if a prisoner has been progressing well on day-to-day temporary release

When the prison is deciding whether to grant temporary release it will consider a number of different factors. It will consider the nature and circumstances of the crime you committed; your own attitude towards rehabilitation; your educational, training and employment needs and opportunities; your behaviour while in prison; your family background and the general background.

What provision is there for clemency or pardon?

In Ireland the power of clemency is nominally exercised by the Irish President. However the President must act “on the advice” of the Cabinet, so in practice such decisions are made by the government of the day and the President has no discretion in the matter. The responsibility can also be vested in persons or bodies other than the President. The pardon of a crime is the cancellation of a crime and any penalty. This is highly unlikely to happen in Ireland. Ireland does not exercise the death penalty.

What about any financial penalties?

Many offences provide for a fine to be imposed. Often, offences will provide for a fine and/or another punishment (usually a prison sentence), while other offences attract only a fine. If a fine exceeds a certain amount the offence may be outside the jurisdiction of the District Court which can only deal with minor offences.

When a fine is imposed, the judge normally specifies when the fine must be paid by. If the fine is not paid within the time period provided by the judge, you can be sent to prison.

Is transfer to another prison within Ireland possible?

If you have been tried and convicted you will be sent to a prison where you can expect to serve your sentence. Transfers are only permitted when there are exceptional and compassionate reasons for doing so. You may well be moved from prison to prison but you have no say in the matter and there is no right of appeal.

Is transfer to the UK a possibility?

There is a Prisoner Transfer Agreement between the UK and Ireland. Prisoner Transfer Agreements (PTAs) allow prisoners to transfer to serve the remainder of their sentence in their own country. This enables them to be closer to family and friends and permits them to benefit from pre-release courses available in British prisons.

To transfer, 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. You should be aware that even if the sentencing State agrees to your transfer then 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 residents there.

The prisoner should inform the Embassy of their interest in applying to transfer and the Embassy will take the application forward. Please note that the transfer process takes approximately between 12-14 months to complete.

To find out more about transfers to the UK, see In prison abroad: transfer to a UK prison.

What are the procedures for release and deportation?

If the prisoner is released and they do not have an expulsion order issued against them they can leave the country at any time at their own expense or continue to live in Ireland. Only in very few circumstances will a British national be asked to leave Ireland after his or her sentence is completed.

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. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply 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 take a shower, 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 it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroads’ Aftercare Service can help with:

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

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

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM UK time, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM UK time.

Would I have a 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 therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: additional information

5 Gardiner Street, Dublin 1
Contact number - 086 0449351

Freephone – 1800 839970

  • Samaritans Listener Scheme: the Samaritans have trained prisoners to become Listeners, who provide emotional support to their peers.

Freephone – 116 123

  • Merchants Quay Prison Project: operates an Addiction Based Counselling Service in 13 prisons across Ireland. Prisoners can benefit from professional addiction counselling through structured assessments and evidence based counselling interventions with clearly defined treatment plans and goals.

Phone – 01 524 0160

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 awaiting charge or trial. 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 & 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
  • 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, in a few cases, 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 and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)
Email: [email protected]
Website: www.prisonersabroad.org.uk

Glossary of terms

Useful legal terms
Affidavit a written statement made on oath
Appeal a proceeding, taken by a party to a case who is dissatisfied with a decision made, to a court having authority to review or set aside that decision
Appearance a document which indicates that a defendant, having being served with a summons to a Circuit Court or High Court civil action, intends to defend the action
Appearance and defence a document which indicates that a defendant, having been served with a claim notice to a District Court civil action, intends to defend the action
Barring order an order preventing the person against whom the order is made (the respondent) from entering the family home or using or threatening violence against the person who applied for the order (the applicant) or other family members
Care order an order placing a child in the care of Tusla (the Child and Family Agency) until he or she reaches the age of eighteen or a shorter period as determined by the court
Certified list a list of cases certified by counsel as being ready for hearing
Defence a document delivered by the defendant to the plaintiff in response to a civil bill in the Circuit Court or a plenary summons in the High Court
Defendant a person against whom an action is brought; a person charged with a criminal offence
Emergency care order an order placing a child under the care of Tusla for a maximum period of eight days if the court considers that there is a serious risk to the health or welfare of a child
Indictment (a) a formal document setting out certain kinds of charges against an accused person or (b) the process by which those charges are presented against the accused
Indictable offence an offence which, if committed by an adult, is triable on indictment
Injunction an order of the court directing a party to an action to do, or to refrain from doing, something
Interim barring order an immediate order, requiring the person against whom the order is made (the respondent) to leave the family home, pending the hearing of an application for a barring order
Interim care order an order, granted when an application for a care order has been or is about to be made, requiring that the child named in the order be placed in the care of Tusla
Jurisdiction (a) the power of a court or judge to hear an action, petition or other proceeding, or (b) the geographical area within which such power may be exercised
Nolle prosequi the entering by the prosecution of a stay on criminal proceedings (not to be confused with an acquittal)
Oath a form of words by which a person calls his/her god to witness that what he says is the truth, or that what he/she promises to do he will do
Protection order an interim order, granted when an application for a safety/barring order has been made, prohibiting the person against whom the order is made (the respondent) from committing further acts of violence or threatening violence
Safety order an order prohibiting the person against whom the order is made (the respondent) from committing further acts of violence or threatening to do so. It does not prevent the respondent from entering the family home.
Setting down for trial: a request that an action be allocated a date for hearing  
Supervision order an order allowing Tusla to monitor a child considered to be at risk. The child is not removed from his or her home environment. A supervision order is for a fixed period of time not longer than 12 months initially

Annex

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