Guidance

Information pack for British nationals arrested or detained in Montenegro

Updated 16 July 2024

Introduction

Who can help?

The Foreign, Commonwealth and Development Office (FCDO). The FCDO is represented overseas by its Embassies and Consular departments (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.

About the British Embassy in Montenegro

We are impartial and 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 as favourably as 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. We have provided a list of lawyers for your convenience, but neither His Majesty’s Government, nor any official of the Consular department, 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 here is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who is the Consular representative?

Pro Consul / Regional Vice Consul

[email protected]

Contact information

British Embassy Podgorica

Ulcinjska 8, Gorica C

81000 Podgorica

Montenegro

Tel: +382 (0)20 420 100

Website: www.gov.uk/world/montenegro

Embassy working hours: Mon to Thurs from 09:00 to 17:00, Friday from 09:00 to 13:30. Consular meetings arranged by appointment only.

First steps

Who will know that I have been detained?

When a British citizen is arrested and detained in Montenegro, the Montenegrin authorities are obliged to inform the Embassy, however we may not be informed within 24 hours. The local police should ask whether you would like the Consular department, or someone else, to be informed. If you say that you do, then they will inform the Consular department directly, normally only during working hours. However, we often learn of an arrest informally from family or friends. It is in your interest to inform the Embassy/Consular department of your arrest.

What will my family be told?

For reasons of confidentiality under the Data Protection Act we are not permitted to tell anyone, even your family, that you have been detained or what the charges are without your permission. Whilst it is up to you what information we pass to your family, it is sometimes best if we are able to give at least some information to them so they don’t worry too much. If they are informed they can also help by sending you money or paying for a lawyer.

What will the Consular department do?

We aim to make contact with you within 24 hours after we learn of your arrest and visit you within 48 hours, if permission has been granted from the judge.

This will depend on the timing of the arrest. If the arrest happened on a Friday or before a holiday we will not be able to organise a visit within 24 hours. During our 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. At each consular visit, our staff will complete a Visit Report Form. If there is any information that you would prefer not to disclose to your family you should let us know during the visit.

With your permission, we will approach the local authorities if you are not treated in line with internationally accepted standards or if there is a human rights breach.

Will 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. Information about these offences may appear in the future if a prospective employer carries out a Criminal Records Bureau check.

Visits

How can my family and friends arrange a visit?

Detained person’s visits are at the discretion of the investigating judge and are normally restricted to close family members. Permission must be obtained in writing from the judge. We or your local lawyer, can help family members to obtain this permission. The prison governor, with consent of the investigating judge, decides the day and time when visits can happen. The visit lasts up to thirty minutes. The President of the court who supervises detained people may allow an extraordinary visit. The same person as well as a visit under special conditions and a visit of a child up to 14 years of age, with the opinion of the authority responsible for social work, once a month. If family from abroad cannot travel to Montenegro, they can request permission in writing from the judge to make a phone call instead.

Visits for sentenced prisoners are authorised by the prison governor. According to the regulations, prisoners have the right to regular and family visits, as well as the possibility of extraordinary and special visits. You can get visits from your immediate family (including a common-law partner) twice a month, for up to two hours. You have the right to a family visit from your spouse and children, once a month for up to three hours. Family visits take place between 8am and 6pm. You may be allowed an extraordinary visit once a month for up to thirty minutes, if the person in charge of the prison approves it. In order to receive visitors you will need to provide the prison with the names of the people visiting you so that they can be added to the prison visiting list.

How many visits am I allowed?

The prison authorities or your lawyer will be able to inform you of visiting times/days. Prisoners can be visited by close family members, lawyers, diplomatic - consular representatives, friends, priests and others. Close family members are considered to be parents, spouses, children, brothers and sisters. Visiting is possible twice a month, as well as on state and religious holidays.

Visits are carried out in a visitors room and with the necessary supervision of members of the security staff. Staff should be far enough away so cannot hear your conversation. Visits to prisoners held in semi-open sections of a prison are carried out without the supervision of officials. Convicted people held in the Penal - Correctional Facility can be visited by lawyers on weekdays for up to 60 minutes. The convicted person has the right to conjugal visits once a month for a period of four hours in a separate room. The Prison Governor may approve emergency visits if there are sufficient grounds. The President of the court who supervises detained persons, may allow the detainee an extraordinary visit, as well as a visit under special conditions and a visit of a child up to 14 years of age, with the opinion of the authority responsible for social work, once a month. For an emergency visit, the visitor can be:

• extended family members
• friends
• a fiancée
• a godparent

Visits are conducted once a month. If you or your visitor behave violently or are rude then prison staff will end your visit.

Consular visits

The consular representative as well as an official representative of an organization that protects your interests has the right to visit you, upon approval. If you have been sentenced for more than one year we will aim to visit you once a year. During our visits you will have the opportunity to discuss:

• any health issues
• safety concerns
• your treatment in prison
• any other general issues that you wish to raise with our Consular staff

Our staff will complete another Visit Report Form. If you have given us permission to speak to your family then you should let us know during the visit is any information that you would prefer us not to disclose to them.

You may request an extra/exceptional consular visit in writing or through your lawyer if you have a particular issue you want to talk about. We will also visit you if we think there are justifiable concerns for your welfare, for example if you are suffering any sort of mistreatment.

What can visitors bring?

Montenegro has regulations about permitted items. Visitors can bring clothes, footwear and bedding, food, fruit, juice, coffee, cigarettes, personal hygiene items, newspapers as well as other items that can be bought at the prison shop. Visitors can also bring money that will be added to your prison account. The prison will have a list of prohibited items that cannot be brought or sent to you and information on the maximum size for parcels that can be sent.

Prison conditions/services

Arriving at the prison

When you are arrested you are first taken to a police station. After that you are taken in front of an investigative judge and if the judge orders detention the person you will be taken to prison. Any personal 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. Unfortunately it is quite common for some belongings to go missing immediately after arrest or during prison transfers.

The British Embassy/Consular department cannot store your personal belongings. The only property we can keep for you are your passport and driver’s licence. However, these are usually kept by the court as evidence of your identity or as a condition for your bail/parole. This is also done to stop people 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. high blood pressure, diabetes).

General prison conditions

Overcrowding is a problem so you cannot expect a single cell. You should also be aware that the conditions of the toilets and showers are basic in Montenegrin prisons. Montenegrin prisons usually provide basic toiletries, standard clothing and linen. Other items can be purchased with your own money directly from the prison shop/canteen or brought to you by your family, if allowed by the prison authorities. Normally, items that can be bought at the prison shop/canteen cannot be brought to you by your family.

The number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. You will be allowed out of your cell for 60-120 minutes a day, depending on the weather and the size of the courtyard.

How can I receive money?

You can receive financial assistance while in prison in the following ways:

• Private Funds – Deposited for you by your family or friends. Consular staff can provide instructions on how to send funds

• Family members or friends who are in Montenegro can deposit money directly to the prison. The Embassy can advise them how to do it

Money received from the UK will be converted into local currency. Our Consular staff will then transfer your funds to you. Money sent to you will be deposited in your prison account. Please note that our Consular staff cannot be responsible for the loss of funds by the prison authorities.

Please note that the Consular department does not provide financial support to British Nationals in prison abroad.

Can I work or study in prison?

While serving a prison sentence, a prisoner has the right and obligation to work. Prisoner work is one of the most important rehabilitation activities. The type of work is determined in accordance with the your situation, your sentence and your reintegration program. Your state of health, your skills and qualifications and what the opportunities are at your specific prison will also affect the work you are offered. You have the right to be paid for the work you do while in prison.

Pay for your work will be at least 30 percent of the minimum salary set out in labour law. Pay will be different depending on the type of activity that you do. For jobs that require more skills or experience (for example, crafts, agriculture or construction), you may be paid a higher percentage of the minimum salary. Your work will not be classified as work experience. You will be insured against accidents at work and occupational health risks.

Study opportunities are not available to foreign nationals.

Can I receive medical and dental treatment?

As a prisoner you have the right to health care, in accordance with the law. If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. Depending on the number of patients, they may see you the same day or in 2 to 3 days. Basic medical attention is free of charge.

If you have a more complex problem the prison may refer you to a specialist who will either visit the prison or they may take you to an external health facility. Very often medicine is not available in the prisons. If you have a long-standing medical problem and have received treatment for it in the UK, it can help if you get your medical records or a list of medication you take, sent from your doctor in the UK to the prison doctor.

You have the right to be informed about your medical treatment, as well as the right to see your medical record.

Food and Diet

You have the right to three meals a day. These should be suitable for your age and any health conditions and also your religious and cultural needs. If you are doing physical work you will get an additional meal or snack, in addition to the three daily meals. The prison authorities state that the food they provide is a balanced diet that gives the daily nutritional requirements. A special diet can only be provided on medical examination – for example, if you havediabetes or high blood pressure.

If you are a sentenced prisoner, you should have access to a shop or a facility in the canteen where you can pay for items to supplement your diet. As well as being given meals prepared in the prison kitchen, you have the option to prepare your own food from ingredients you can buy in the prison canteen. If you are detained before trial or sentencing, you have the option of getting food from outside (for example, brought by a family member). This is the approval of the court, which ordered your detention.

Mail/Parcels

You have the right to send letters. There is usually no limit to the number of letters you can send or receive. The prison authorities are obliged to deliver letters to you with the minimum of delay. Please be aware that letters may be censored by the judge an the detention stage and the prison warden if you are serving a sentence. This can be a slow process because both inward and outward letters will need to be translated. As a rule, paperback books and magazines are not censored. However, a particular book or magazine/publication may be confiscated if it is banned in Montenegro.

Stationery and stamps are usually available in the prison shop/canteen. If not, your lawyer/family may be able to help you get them.

Our consular staff will answer your written correspondence within our target of 20 working days (excluding postage time).

You can receive parcels from your family.

A detainee can receive parcels with a total weight of up to 5 kg during the week but only on the scheduled visiting days. If the shipment is sent from a distance, the prison will accept it on another working day (during working hours), with the approval of the person in charge. Parcels may contain: clothes, shoes, bedding, accessories for personal hygiene, glasses and orthopedic aids. With the approval of the investigating judge or the president of the council, other things for personal use can be sent.

A sentenced prisoner has the right to receive a package weighing up to 5 kg with things for personal use, once a month. The package cannot contain food..

Parcels must be sent directly to the prison; parcels sent to the Consular department will not be forwarded to you.

Can I make phone calls?

Sentenced prisoners have the right to use the prison telephone in accordance with prison rules.

Usually there is access to a pay phone and you can buy a phone card in the prison shop or family/friends/lawyer can bring phone cards when they visit. Use of the phone is restricted to certain days or times. The prison will provide you with the exact information about how to make a call.

Mobile phones are not allowed. If you are caught trying to use a mobile phone inside the prison you will be punished according to prison regulations.

Leisure, entertainment and religion

For sentenced prisoners, sports, recreational, cultural and other activities take place every day, for at least two hours a day in your free time. Some prisons allow TVs or radios in the cells. This information does not apply if you are detained before trial.

The prison is supposed to provide a suitable room and appropriate conditions for religious ceremonies and activities. Religious rites and participation in religious activities are conducted under the supervision of prison staff. Individual religious rites of prisoners should be conducted only under visual supervision. If you want to make contact with a representative of your church or other religious community, you can make a written request.

Drugs

Drug trafficking between inmates in prisons exists. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc), you will be punished according to prison regulations. If it is suspected you have an infectious disease, drug addiction or are abusing psychoactive substances, a convicted prisoner may have their blood or urine tested in accordance with professional standards.

Your family or friends can bring you cigarettes. If you are a smoker you may also buy cigarettes in the prison shop or canteen. There are designated smoking areas in the prison. You should make sure you know where they are.

How can I make a complaint about mistreatment?

You have the right to file a complaint with the Prison Governor, in order to protect your rights and interests while serving a prison sentence. You also have the right to appeal to the Ministry within eight days of receiving a decision on your original complaint. A prisoner has the right to judicial control of acts related to his rights and obligations, in accordance with the law.

If you wish to file a complaint you can consult your local lawyer, or write to us so that we can take your concerns forward.

The Montenegrin judicial system

The Consular department cannot interfere with the Montenegrin judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Montenegrin judicial system.

Please note that the following is general information provided by the local authorities. The Embassy is not responsible for any inaccuracies. You may wish to check the accuracy of it with your local lawyer:

The Institute for Execution of criminal sanctions in Montenegro (Zavod za izvršenje krivičnih sankcija or ZIKS) is an institution established in 1994, with the aim to ensure one unique penal system in Montenegro.

Persons held on remand during investigation process and those sentenced by court to imprisonment shorter than 6 months are accommodated into Prison in Podgorica (Zatvor Podgorica) or Prison in Bijelo Polje (Zatvor Bijelo Polje). Persons found guilty and sentenced by court to imprisonment sentence in duration more than 6 months are accommodated into the Correctional and Detention facility in Podgorica (Kazneno- popravni dom KPD).

Under the provisions of the Criminal Code, the criminal procedure comprises of (i) preliminary criminal procedure in which parties, who are aware that a felony is committed, are obliged to report the felony to the public prosecutor, or to the police who report the felony to the public prosecutor; (ii) initial criminal procedure which comprises of (a) investigation against the suspect for the felony committed; (b) raising of the indictment by the public prosecutor; (iii) the main trial and the court verdict and (iv) legal procedures due to legal remedies (appeal, renewal of the criminal procedure, request for protection of legality).

In the civil law system the following authorities are involved in the criminal procedure: * (i) a public prosecutor who directs trial proceedings * (ii) investigative judge who oversees the investigation, in the preliminary and initial phase of the criminal procedure and * (iii) the trial judge, namely the trial committee of judges.

The investigation is conducted upon a request of the public prosecutor, who files a request to the investigating judge. The investigating judge passes a decision on conducting of the investigation, if he/she agrees with the request of the public prosecutor. The investigating judge conducts interrogations of suspects, issues rulings at detention hearings and decides if there is enough evidence to charge a suspect with a crime. If so, the case then goes to the trial judge, who conducts the trial and, often in collaboration with other committees, decides who participates in the trial and determines guilt or innocence.

You are strongly recommended to instruct a lawyer. For crimes carrying a sentence of 10 years the court may appoint lawyer if the accused is unable to afford one, and exceptionally in case there are no conditions for the ‘mandatory defence’, the court may only appoint lawyer if the accused lacks the financial means and if it is in the interest of justice, as per the accused request. Any person who is arrested for anything other than a minor violation is urged to obtain competent legal lawyer promptly. Attached is a list of local lawyers who speak English or who have their own interpreters. Please note the disclaimer at the foot of the list.

If you are charged with an offence that carries a prison sentence of ten years or more, or you are person with special needs, unable to successfully defend yourself, or are on remand, you are entitled to ‘mandatory defence’ at the expense of the State, but you should bear in mind that such a lawyer may not speak adequate English to represent you effectively.

Please bear in mind that the Embassy cannot offer legal advice or campaign on your behalf.

Initial Arrest, Interrogation and the Right to Lawyer - the Police

In addition to executing an arrest on the basis of a warrant, law enforcement officials (the police) in Montenegro may temporarily detain individuals at the scene where a criminal offense either is occurring or recently occurred, or where the police have a “well founded belief” that a serious crime has been committed. Under these circumstances, the police may hold a person in order to ask questions that will lead to the identity of a perpetrator. The police may also hold a person in order to prevent the flight of suspects, or to secure evidence. Police may hold persons at the scene for up to six hours so that they may be questioned by an investigative judge.

At the point when the police initiate a formal interrogation, they must inform the person they are interrogating that he/she is entitled to have a lawyer present during the interrogation, that the person may refuse to answer questions and that any statement made during the interrogation may be used against the person at trial. If the person being interrogated is not informed of these rights, the trial judge may later refuse to admit into evidence any statements made by the person interrogated.

If the person who is detained cannot retain a lawyer by himself, the state must provide one. These lawyers are selected from a list submitted by the bar association. The police are required to refrain from interrogating the suspect until the arrival of a defence lawyer. If a defence lawyer has not been secured after eight hours as of the moment when the detained person was allowed to provide for the lawyer, the police must release the suspect or bring him before the investigating judge without delay. In exceptional circumstances, the police may detain a person for up to 48 hours.

Initial Arrest, Interrogation and the Right to Lawyer - the Investigative Judge

After taking a suspect into custody, the police are required to bring a suspect before an investigative judge without delay. This is defined as within eight hours, or more if sufficient reasons are given. As noted above, in exceptional circumstances, the police, without referring the matter to an investigative judge, may issue a decision to detain a suspect for up to 48 hours in order to collect additional evidence before bringing the suspect before the investigative judge. However, the investigative judge must be immediately informed of this and can ask for the detainee to be brought before him immediately. In such circumstances, the police must also ensure that the suspect is provided with a lawyer immediately. The suspect and defence lawyer may appeal the decision for additional detention and this appeal shall immediately be submitted to the investigating judge. The investigating judge is bound to render a decision on the appeal within four hours of receipt of the appeal.

Once the suspect is brought before the investigative judge, the judge must inform the suspect of his or her right to a lawyer. The investigative judge must also assist the suspect to obtain a lawyer before interrogating the suspect if the suspect is mute, deaf or otherwise unable successfully to defend himself, or if the proceedings are carried out for a criminal offense punishable by imprisonment for a term of more than ten years. Interrogation by the investigative judge may be delayed up to 24 hours to allow the suspect to obtain lawyer. Otherwise, the presence of a defence lawyer is not mandatory and if the detainee has not engaged a lawyer or has explicitly waived this right, the investigative judge shall immediately interrogate the detainee. Immediately after interrogating the suspect, the investigative judge must render a decision about whether the suspect is to be released or detained further.

Whether the interrogation is conducted by the police or by an investigative judge, the interrogation of a foreign citizen in Montenegro must be carried out through an interpreter. Additionally, foreign citizens in detention have the right to submit briefs to the court in their native language. Translations of court proceedings must also be provided by the court. Failure to provide a foreign citizen with these translations may be grounds for appealing a subsequent conviction.

Detention after Arrest

Within 24 hours of the suspect being brought before the investigative judge, the judge must issue a decision to either detain or release the accused. The grounds for detention after arrest relate to the seriousness of the offense and the risk of flight posed by the suspect. Obviously, foreign citizens who are suspects in crimes represent a significant flight risk. However, under the Montenegrin Criminal Procedure Code, the courts are obligated to limit the duration of detention to the shortest time necessary and to employ the least restrictive means to ensure the presence of the accused in the proceedings. Often, this includes granting provisional release on bail. Bail may be granted in exchange for sureties such as cash or liens on real property. The Criminal Procedure Code provides that an individual illegally detained may sue the state for compensation.

Search

Searches of persons and dwellings must be ordered by a written warrant issued by the court stating the reasons for the search. The person against whom a warrant was issued may request that legal lawyer be present during the search. The search may be delayed up to three hours to allow for the presence of a lawyer. Two adult citizens are required to be present during the search. In regards to the search of persons, females may only be searched by female officers and the witnesses present must also be female. Searches may be conducted without a warrant under exceptional circumstances such as a high risk of armed resistance to the search or if it appears evidence is being destroyed.

Right to a Lawyer

As described above, the Criminal Procedure Code provides for the right to have a lawyer present throughout the criminal procedure. Montenegro does not have vigorous public defender offices. As noted above, under the Criminal Procedure Code, the state is under an absolute duty to provide a lawyer to persons who are about to be interrogated by the police. This duty extends to proceedings before an investigative judge for persons who are mute, deaf, or otherwise unable to defend themselves, or who are charged with a crime punishable by more than 10 years in prison. It also applies when additional detention is ordered by the police or by an investigative judge. Under these circumstances the court is mandated to appoint a council regardless of whether the accused person has the means to hire a lawyer. The accused has the right to retain his or her own council and if s/he does so the court will release the lawyer provided by the state.

In regards to persons against whom detention is ordered, the state’s duty to provide a lawyer is limited to the detention hearing itself. For crimes carrying a sentence of 3 to 10 years, the court may appoint a council if the accused is unable to afford one. For crimes carrying a sentence less than 3 years, the court may only appoint a council if the accused lacks the financial means and if it is in the interest of justice. At the present time there is no standard method to determine whether the accused has the financial means to hire a lawyer, and the system of appointing lawyers in all circumstances other than the “mandatory defence” cases described above is ad hoc at best. Any person who is arrested for anything other than a minor violation is urged to obtain competent legal lawyer promptly.

Travel restrictions during criminal procedures

Criminal Procedure Code of Montenegro allows authorities to seize a foreign national’s passport if circumstances indicate that the subject of a criminal investigation might flee the jurisdiction.

Drugs

The Basic Criminal Code of Montenegro describes all controlled substances, including the materials needed to produce them, as narcotics. Punishment for drug offenses is not linked to the type of drug that was possessed or distributed. The minimum sentence for unauthorized production, refining, selling, purchasing for the purpose of selling and any other form of unauthorized distribution is 5 years imprisonment. If the court finds that a group of individuals organised themselves to conduct these activities, the minimum sentence is 7 years imprisonment. Unauthorised possession of narcotics is punishable by either a fine or imprisonment for up to 3 years. It is also a crime to induce others to ingest narcotics. The sanction for this is imprisonment for up to 10 years. However, if the person so induced was a minor, there is a minimum sentence of 3 years imprisonment.

Traffic Laws

Foreign nationals may travel through Montenegro in a vehicle registered outside of Montenegro. Foreign nationals charged with a serious traffic violation in Montenegro may be prohibited from using his or her foreign driving license in Montenegro. Detainees can remain in detention, without having been sentenced, for 12 months or more.

Is the system the same as the UK?

No, but there are many similarities. For example, prisoners have a right to legal representation, interpreter, fair trail and appeal. However there are fundamental differences. The Montenegrin judicial system is very bureaucratic.

What should happen when I am arrested?

You will be taken to a prison facility; it is possible that you will spend one night in a police station. In some cases you might be taken to a detention centre. This will depend on where you were arrested i.e. small village, town or city, border crossing.

At the moment of your arrest you should be made aware of your rights; one of them is to have a phone call to speak to a family member/friend. You should inform the authorities if you wish the British Consular department to be informed of your arrest.

The officer that arrested you might want to take a statement from you. This has to be done with a translator or someone who can speak English.

You will be accused by the prosecutor’s office and if you can’t afford a private lawyer the Montenegrin government will appoint a public defender for you.

What happens when I am charged?

The courts will inform you, your lawyer/public defender and the prison authorities of your charge. If you don’t have a private lawyer you will be assisted by a public defender who will put forward requests for bail, appeal on your behalf etc.

How long can I be remanded in custody?

It is likely that you will remain in custody until your trial. The maximum period for which you can be held on remand before being tried or released is 6 months. While on remand you may be visited by family/friends at the discretion of the investigating authorities or judge, but permission is normally only granted to close family members. On remand you are entitled to a regular daily two hour walk if circumstances permit. Time served on remand will be counted as part of your sentence.

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 provision is there for bail?

Serious crimes like drug trafficking don’t have provision for bail. There are bail provisions for other offences which can be requested at the initial hearing and at a later stage on application from a lawyer or at a trial if you are given a sentence but then make an appeal.

What kind of legal assistance is there?

Consular staff cannot give you legal advice but they can give you a list of lawyers. You can hire a lawyer for yourself at any time after your arrest; a list of English-speaking lawyers will be given to you by the Consular department. Normally, if you hire a private lawyer they may ask for a cash advance for their estimated legal fees before they will take your case on. The British Consular department cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a public defender if you cannot afford a private lawyer, but if later on you manage to hire a lawyer the case will be transferred to the new lawyer.

If you are charged with an offence that carries a prison sentence of ten years or more you are entitled to ‘mandatory defence’ at the expense of the State, but you should bear in mind that such a lawyer may not speak adequate English to represent you effectively.

What happens at the trial?

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 the public prosecutor and your lawyer or public defender. If you don’t speak Montenegrin, the court will be responsible for hiring an interpreter to assist you during the trial.

Sentences

Sentences vary greatly in Montenegro and will depend on the seriousness of the crime. Your lawyer/public defender will be best placed to advice on length of sentences and on appeals’ processes.

How can I make an appeal?

You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defenders. It is usual for the public defenders to appeal against your first sentence anyway. However, the appeal process is usually very slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided. In such cases a lawyer’s opinion of the case is strongly recommended before proceeding.

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

You can apply to be released before having served the entire sentence only after serving two thirds of the sentence. The application is made to the prison authorities who, if they deem early release justifiable due to good behaviour etc, in turn put up their own proposal for the early release to the court for approval.

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

The requirements to apply for parole are defined by law and you can find out more information from your lawyer or the prison staff. You should be aware that when you are on parole, the Prisoners Abroad services will cease and the Consular department/embassy cannot support you financially. On top of that you should bear in mind that you cannot leave Montenegro while your sentence is not finished.

Parole is not granted automatically; it is your right to apply as long as you have served the necessary time in the closed prison; it is the judge’s choice to give you this benefit or not. Benefits’ requests in their vast majority are dealt by State judges, since prisons in Montenegro are State run.

What provision is there for clemency or pardon?

In Montenegro, pardon/clemency can only be given by the President. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record.

What about any financial penalties?

Normally the Montenegrin authorities waive any financial penalties attached to prison sentences imposed on foreigners but there are exceptions.

Is transfer to another prison within Montenegro 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.

Is transfer to the UK a possibility?

There is a Prisoner Transfer Agreement between the UK and Montenegro.

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 in an English-speaking environment and permits them to benefit from pre-release courses available in British prisons.

The prisoner should inform the Embassy of their interest in applying and the Consular department will take the application forward. Please note that the transfer process can be very slow and bureaucratic.

A prisoner does not have an automatic right to transfer.  Each request is considered on its individual merits.  The UK and the country in which the British prisoner is held have the right to refuse a request.

The basic criteria for eligibility to apply for transfer are:

• Criminal proceedings in the foreign country must be complete.  The prisoner cannot be transferred if they are awaiting trial or the outcome of an appeal;
• The prisoner must normally have at least 6 months of the sentence left to serve at time of application, but Agreements with some countries require the prisoner to have 1 year of the sentence left to serve;
• The offence for which the prisoner was convicted must constitute a criminal offence in the UK;
• The prisoner must have no outstanding fines (prisoners can start the application process while the fine is outstanding but the fine must be paid before the transfer can take place) or other non-custodial penalties;
• Other conditions may apply, depending on the specific transfer arrangements with each country.

For more details about the Transfer Agreement framework please see Annex A.3.

What are the procedures for release and deportation?

The expulsion process is not a compulsory administrative process that is carried out against all foreigners that commit a crime in Montenegro.

Any prisoners released that have an expulsion order issued against them will be transferred from the prison to the detention of the police, where they might be held under arrest until expelled from Montenegro. If the person has the expulsion decree issued and signed, the Montenegrin Government will pay for the flight back to the person’s country of nationality.  This process can take up to 6 months. If the person wishes to leave Montenegro quickly and/or go to another place rather than their country of nationality, the person can pay for the flight him/herself. He or she should discuss this with the prison authorities/with a consular officer.  Once a flight has been arranged, the prisoner will then be escorted to the airport by the police until they are on a plane leaving Montenegro.

If the prisoner is released and they don’t have an expulsion order issued against them, they can leave the country at any time at their own expense. The only requirement is for the prisoner to go to the police to inform them that s/he is leaving the country.

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 & 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 9.30 am to 4.30 pm, UK time)
Email: [email protected]
Website: www.prisonersabroad.org.uk

Annexes

Annex 1 – List of English-Speaking Lawyers (if on remand)

Annex 2 – List of translators / interpreters

Annex 3 – Arrested abroad: advice for British nationals

Annex 4 – In prison abroad: transfer to a UK prison

Annex 5 – Prisoners Abroad authorisation form

Annex 6 – Prisoners Abroad family contact form

Annex 7 – Fair Trials International questionnaire and leaflets (at request)

Annex 8 – Translation of useful terms for British prisoners in Montenegro

Disclaimer

This booklet was compiled by the Consular Section, Montenegro and is revised on a regular basis.

If any of the information contained in this booklet is incorrect, please let us know so that we can make amendments.

The British Embassy in Montenegro is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.