Guidance

Information pack for British nationals arrested or detained in Pakistan

Updated 21 June 2023

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Pakistan and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

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

British High Commission Islamabad
Website: https://www.gov.uk/world/organisations/british-high-commission-islamabad
Diplomatic Enclave
Ramna 5
PO Box 1122, Islamabad
Islamabad
Pakistan
Telephone: +92 (0)51 201 2000

British Deputy High Commission Karachi
Website: https://www.gov.uk/world/organisations/british-deputy-high-commission-karachi
Shahrah-e-Iran
Clifton
Karachi 75600
Pakistan
Telephone: +92 (21) 3582 7000

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Pakistan, the authorities will not necessarily inform the British High Commission that you have been arrested. We may find out from your friends or family, particularly if you are a dual national.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also Legal assistance: lawyers and legal aid
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

We cannot:

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

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Pakistan.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Pakistan

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Pakistan for the latest information on safety and security, entry requirements and travel warnings.

Visits are at the discretion of the prison authorities and the prison rules.

Specific days of the week are allocated for different categories of detainees. Your family or friends can contact the prison to arrange a visit. The prison authorities will tell them which days and times they are allowed to visit. They will not need a permit but they should bring ID. No more than 6 people can visit at one time.

Newly convicted prisoners are allowed reasonable facilities for communicating with friends, relatives and legal advisers. This is so they can prepare an appeal or revision, try to get bail and arrange for the management of their property or other family affairs.

The superintendent may allow additional visits in special circumstances, for example if you are seriously ill or a close relative has died.

What to expect when you visit

Prisons have designated areas for prisoners and visitors to meet. Arrangements vary depending on the prison. Usually, prisoners and visitors will be separated by a wall with a grille.

You will need to show photo ID, for example a passport, driving licence or national identity card. You will be frisked when you arrive at the prison.

Visits normally last up to 30 minutes. Depending on the jail, you may be allowed to stay for up to an hour if you have travelled a long distance.

Most visits take place as planned, but there may be delays or cancellations if high profile officials are visiting the jail. You should check with the jail before visiting.

Guards stay nearby and watch during visits for security, but they do not listen in to conversations.

What you can take on your visit

You can bring items to give to prisoners. The prison authorities decide what is allowed. Food, reading materials, medicines and clothing are generally allowed. Offensive reading materials, electronic devices and sharp objects are prohibited.

All items will be checked by prison authorities before being handed over. If you have any questions about bringing a specific item, you should contact the prison.

Visits: consular staff

A member of the consular section will visit you as soon as possible after receiving permission from the Ministry of Foreign Affairs and the jail authorities. We will apply for consular access as soon as we hear of your detention.

It takes at least a month for us to get the necessary approval from Pakistani authorities to visit. We can sometimes arrange to speak to you by telephone instead of in person. This still requires approval from the Government of Pakistan, which takes around a month.

We will try to visit you every 3 months, depending on availability of staff and permission from the relevant authorities. We will continue to visit you unless you ask us not to. We cannot contact you directly outside of these visits, but we can ask the jail or your friends or family to pass on the message that we are intending to visit.

We can try to visit you earlier if we have concerns about your health or welfare but all visits take at least a month to arrange.

You can write to us at any time on matters that concern you at the addresses below. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf. You can also ask friends or family to contact us on your behalf.

British High Commission Islamabad
Diplomatic Enclave
Ramna 5
PO Box 1122, Islamabad
Islamabad
Pakistan

British Deputy High Commission Karachi
Shahrah-e-Iran
Clifton
Karachi 75600
Pakistan

Emergency trips outside of prison

Depending on the circumstances, prisoners may be allowed to attend the funeral of a close relative, escorted by police.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When you are arrested, you will be told why you have been arrested and shown a copy of the complaint against you. There are no official interpretation services at police stations but English is widely understood by senior police officers.

Depending on the offence, the police may or may not need a warrant to arrest you. You should speak to a lawyer if you believe the correct process has not been followed.

When you are arrested, the police will take any personal belongings you have with you and store them. When you are released, you can approach the court to have your possessions returned.

You have the right get advice from a lawyer before answering questions or making a statement, but the lawyer is not allowed to be present during questioning. If you cannot afford a lawyer, one will be provided by the state.

You can be detained by a police officer and kept in custody in a police station for a maximum period of 24 hours after being arrested. After 24 hours, you must be produced before a magistrate, who will decide whether you can be kept for longer. You can be kept at the police station for a maximum of 15 days in total. After this time, you will be transferred to prison or released on bail.

There are exceptions to this time limit if you are arrested under certain laws. You should seek legal advice if you are concerned about how long you are being held by the police.

While you are held at the police station, you will be provided with food and water. If you have been mistreated or need to see a doctor, you can raise this with the magistrate. Magistrates have the power to order medical examinations.

You do not have a legal right to make a phone call, but you may be allowed to depending on the police station. You will be more likely to be allowed to make a phone call if you have Pakistani nationality. Phone calls are limited to domestic numbers.

If your rights are not complied with, you can raise this at a court hearing directly or through your lawyer.

Appearing at court

If you cannot afford a lawyer, you have a right to be defended by a state lawyer. Court proceedings normally take place in Urdu. However, lawyers generally understand both English and Urdu so they can interpret for you if required. Interpreters can also be provided by the court.

Read more information about the Pakistani judicial system.

Initial arrival at the prison

When you arrive at the prison, you will be received by the assistant superintendent. The police must present a warrant or court order addressed to the superintendent.

Before admission into the prison, you will be questioned by the assistant superintendent to check that you name and other details match the warrant. The police will be given a receipt.

You will be thoroughly searched at the main gate of the prison under the supervision of the assistant superintendent. Any belongings you have with you will be confiscated and stored. Details are entered in the admission register.

You do not have a legal right to make a phone call on arrival, but you may be allowed to depending on the prison. You will be more likely to be allowed to make a phone call if you have Pakistani nationality. Phone calls are limited to domestic numbers.

All prisoners undergo a medical examination by a medical officer within 24 hours of admission and the result of the examination is recorded in the admission register. If you rely on medication that you have brought with you, you will be allowed to keep it. Medication can also be prescribed by the prison doctor or brought to you by visitors.

All prisoners are required to wash themselves and their clothes. According to the prison rules, under trial prisoners can wear their own clothes and convicted prisoners must wear prison clothes. In practice, some convicted prisoners are allowed to wear their own clothes. If you are required to wear them or you do not have any suitable clothing of your own, you will be issued with prison clothes.

If you do not have your own toiletries or means to support yourself, basic toiletries will be provided by the prison.

Newly admitted prisoners can be kept in quarantine for up to 5 days.

Prison: conditions and daily life

Prison conditions depend on the class awarded to a prisoner and also vary from prison to prison.

The NGO Human Rights Watch has described prison conditions as poor. Overcrowding is common. There are problems with inadequate and poor-quality food, unsanitary living conditions, and lack of access to healthcare. Prison healthcare services are overstretched.

Prison conditions can be unhygienic and buildings are often in poor condition. Prisoners are responsible for keeping their own cells but overcrowding can make this difficult. Overcrowding and unsanitary conditions increase the risk of infectious diseases.

Convicted prisoners are classified by the government into three classes: A, B and C.

Prisoners can apply for a class during the trial or after conviction. The final decision is made by the provincial government. Courts may classify prisoners temporarily, pending final orders of the government.

There are certain criteria for ‘A’ and ‘B’ classes.

Class A prisoners are prisoners who are first time offenders of good character and who belong to a high social class. They have not been convicted for offences involving cruelty, moral degradation, personal greed, serious or premeditated violence, serious offences against property or offences relating to dangerous weapons.

Class B consists of prisoners who by social status, education or habit of life have been accustomed to a superior mode of living. Habitual prisoners can be included in this class by order of the government.

Class C consists of prisoners who are not classified as A and B.

Accommodation

Prisoners on remand and sentenced prisoners are held separately but conditions are generally similar. Accommodation for prisoners on remand tends to be more crowded.

Men, women and juvenile prisoners are always accommodated separately. In some cases, children up to the age of 6 remain with their mothers in prison.

Facilities and space vary depending on the prison and on the category that you are assigned. Prisoners can be kept in cells, rooms or barracks. Overcrowding is a common problem, but the severity of this varies. Cells designed for a maximum of 3 people have been used to hold up to 15.

Most prisoners are held in barracks. Every prisoner is provided with blankets and a pillow by the jail. You are also allowed to receive a mattress, blankets, and pillows from family. There is access to toilets and washbasins within the room or enclosure.

Class A and Class B prisoners are entitled to accommodation in rooms or barracks, depending on availability. They are allowed access to books and newspapers, a television, a table and a chair, a mattress, personal bedding and clothing and food by special permission of the Inspector general of Prisons. Prisoners have to pay for these items or have them provided by family. They are allowed to wear their own clothes and shoes.

Rooms are furnished with necessary furniture, washing and sanitary appliances. Association barracks are provided with one cot per prisoner, one large table with benches, shelves and sufficient light to enable reading.

Class A prisoners may also be allowed extra furniture at their own cost, at the discretion of the superintendent.

Food and diet

The prison authorities will provide you with three meals a day. The food provided includes meat and vegetables. You should not need to supplement your diet in order to remain in good health but standards vary. The portions of food provided depend on your circumstances and are listed in the prison rules.

A special diet can only be approved on medical grounds with the authority of the prison doctor. You may be served a special diet on religious grounds if it is halal and available in the jail.

You can buy some food items from the prison shop. Depending on the facilities available in the jail, you may be allowed to cook you own meals separately. You will be provided with cups, a plate, a spoon, a glass and a mug.

Water is available but may not be safe to drink. Many prisons do not have water filtration systems.

Hygiene

Every barrack has its own set of showers and toilets. These are maintained by the prison authorities. Your access to showers and toilets will not be limited.

You can keep your own toiletries. They can also be provided by visitors or bought using your account with the prison. If you cannot afford your own or do not have any visitors, the prison will supply basic toiletries.

Work and study

If you are under trial or have been sentenced to simple imprisonment, you are not required to work. Work is not paid and it is rare for foreign prisoners to work, unless they have been sentenced to rigorous imprisonment.

If you are sentenced to rigorous imprisonment, you are required to work. The superintendent is required to provide suitable labour for every class of prisoners sentenced to rigorous imprisonment. Labour is categorised as hard, medium and light. The length of the working day varies but is generally a few hours.

Prisoners may be employed in the prison factory or in work such as cooking or sweeping within the prison. Convicted prisoners may also be employed outside the prison if this is approved by the Inspector General of Prisons. Prisoners who are residents of a foreign country are not allowed to work outside the prison.

Women can be employed in domestic industries inside the prison. Children are not allowed to work.

All prisoners are given the opportunity to study in prison. You are entitled to a remission (reduction in sentence) for successfully completing a course of study. You can speak to the prison authorities to apply to study. They are then responsible for arranging this.

You do not need to be able to speak the local language in order to study. The prison authorities will accept arrangements for postal studies.

Contact and languages

There is generally no restriction on interacting with other prisoners.

Foreign prisoners are kept in dedicated barracks where there may be other prisoners who can communicate in English. English is also widely understood by senior prison staff. Language classes are available in some prisons.

Prisons have libraries, where books and newspapers in English and local languages are available. Newspapers are supplied from a list approved by the government. Subject to approval by the superintendent, under trial prisoners are allowed to use their own books and reading material.

Televisions are available in barracks in most jails for all classes of prisoners.

Prisoners can also request reading material from Prisoners Abroad through consular staff.

Mobile phones are prohibited but prisons have telephone booths. You can also request pens and paper from the prison.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Exercise facilities vary depending on the prison.

You are allowed to walk outside for half an hour in the morning and evening. Outdoor games are also allowed for an hour in the evenings under supervision, if conditions permit it. You can play board games inside the barracks.

Regular exercise, including games and physical drills, is organised for juvenile prisoners by the prison authorities. A playground is provided in most jails for these purposes.

Climate

The climate of Pakistan is generally arid, characterised by hot summers and cool or cold winters, and wide variations between extremes of temperature at given locations. You may be allowed to sleep outside in hot weather.

You can receive winter clothes from visitors. If you do not have visitors who can provide winter clothes, the prison can provide them using donated funds.

Religion

You are entitled to practice your own religion in prison. All prisons have mosques, with Muslim clerics appointed officially by the prison department. Some prisons also have churches. Ministers of different religions visit prisons regularly.

Rules and regulations (including drugs)

The prison rules will be explained when you arrive at the prison and are displayed on signs around the prison.

You can earn remissions (reductions in your sentence) for good behaviour. Punishments for breaking the rules include solitary confinement and loss of remissions.

Use of drugs is prohibited but does occur in prisons. The prison authorities carry out searches for drugs and other prohibited items. Punishments vary depending on the quantity found. Drug use carries a risk of infectious diseases such as HIV. This is more prevalent in the prison population than in the general population.

You are allowed to smoke cigarettes at your own expense, but smoking inside the factories or while working is prohibited.

Read full details of the prison rules.

If you have concerns about safety that you feel are not being properly addressed by prison authorities, you should discuss this with your lawyer.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

You are allowed to receive money to buy items such as food, clothing and comforts. The money is held in trust by the superintendent in an account of private money. Money received and purchases made are recorded in a register. You will not be allowed to handle cash while you are in prison. At the time of release, any balance remaining will be handed over to you.

You friends and family can deposit money directly with the prison to be added to your account. They should check the process with the prison authorities.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. Prisoners in Pakistan are eligible for the Craig Feehan Fund and the Medical Fund.

Medical and dental treatment

While you are detained, Pakistan is responsible for ensuring your basic medical needs are met. Standards of medical facilities and treatment vary but tend to be lower than in the UK.

Medical help is available in the prison. There are hospitals and clinics within prisons but the facilities vary and are often limited. Every prison should have a prison doctor and some larger prisons also have dentists.

If you need medical treatment or an appointment, you should speak to a guard. How long you will need to wait depends on availability and the nature of the problem. If there is a medical emergency, you should inform a guard, making it clear that it is urgent.

If you need specialised treatment, you may be referred to an external doctor or clinic. This is only allowed with the approval of the prison doctor and prison authorities. In some cases, specialists will visit jails. If you need glasses, you should ask to see an optician. Requests for medical treatment from external doctors can be denied and treatment is often delayed.

You are responsible for your own medical costs while in prison. If you cannot afford these costs, you should speak to prison authorities. Funds are donated to prisons and can be used to cover these costs if there is no other option available.

Prison authorities have a limited understand of mental health. You may have difficulty getting treated or assessed for any mental health problems. It is rare for prisons to have their own psychiatrists.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of the police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

There is generally 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. They may read mail before it is allowed in or out of the prison. In some cases we may be able to forward mail to your family and friends through the FCDO.

To send letters, you will need to buy envelopes that include the cost of postage. You can request envelopes from the prison authorities and pay the cost from your account with the prison.

You may receive parcels while you are in prison. Your family and friends can deliver parcels directly to the prison or send them by courier. These parcels are inspected when they arrive at the prison. Certain items may be dissected to make sure that no prohibited items are being hidden and others may be removed. Sharp objects and indecent materials are prohibited. The prison authorities reserve the right to refuse a parcel that does not conform to the prison guidelines. If your friends or family are unsure about sending a particular item, they should check with the prison authorities.

All parcels should be clearly labelled with your name and your father’s name, followed by the address of the jail. If the person sending the parcel knows your CNIC number, this should also be written on the parcel.

Telephone calls

Mobile phones are prohibited but prisons have telephone booths. You will need to register any numbers that you want to call with the prison. You can make calls within Pakistan but international calls are not allowed. You must pay for calls using your account with the prison. A maximum of 20 minutes per month is allowed.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

You can also raise your allegations with the Pakistani authorities.

If you are were tortured or mistreated on arrest, or in the first few days after arrest, the quickest way to raise this is at the first mandatory appearance at court. The magistrate can pass an order for a medical check and take appropriate action to ensure your welfare as well as request an investigation into the allegations.

If you are tortured or mistreated in prison, raise any concerns with the prison authorities if you feel safe to do so. If you do not feel safe to do this, ask your lawyer for advice on legal channels.

Your lawyer can advise on other ways of raising an allegation with appropriate authorities.

Your solicitor or family can contact the following bodies if they want to raise concerns. You can also write to these bodies directly.

The National Commission for Human Rights is mandated to investigate human rights violations.

National Commission for Human Rights
Website: http://www.nchr.org.pk
Telephone: 051 9216830 35

Email: [email protected]

The Federal Ombudsman conducts independent investigations into complaints about maladministration by federal departments. The Federal Ombudsman aims to redress public grievances as fairly and quickly as they can, after examining all facts. If they think the agency you are complaining about has already treated you fairly, they will inform you. If they determine that the agency has acted wrongly, they will recommend the agency to put things right for you.

Federal Ombudsman (Wafaqi Mohtasib)
Website: http://www.mohtasib.gov.pk/
Head office, 36 – Constitution Avenue, G-5/2, Islamabad
Telephone: 051 9217200; 051 9217201

Chapter 3: The Pakistani judicial system

Overview

The Pakistani judicial system is based on the UK common law system. However, the systems have evolved separately and there are significant differences. The legal system in Pakistan also incorporates elements of Islamic law.

Criminal law is the same in all provinces in Pakistan. Verdicts and sentences are always decided by judges. Your case will be heard in a trial court, where the verdict will be decided by a single judge. If you appeal, this will be heard in the high court. The decision could then be made by a bench of 2 or 3 judges.

When you are sentenced, you can plead “guilty” or “not guilty”.

Long delays in legal proceedings are common. The police must submit an enquiry report with their initial findings within 14 days of charges being made against you. This period can be extended with agreement from the court and it can take up to a year for the trial to begin. After this, it usually takes between 2 and 3 years for a verdict to be reached.

You may be released on bail while you are awaiting trial or during the trial. If you are not released on bail, you will be kept in prison.

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.

First steps

What to expect after you are arrested

When you are arrested, you should be informed of the reason for your arrest.

You do not have a legal right to make a phone call but this may be allowed depending on the police station. You will not be allowed to call an overseas number.

You can ask the authorities to inform the British High Commission that you have been arrested, but they may not do this. They are less likely to inform the British High Commission of your arrest if you also have Pakistani nationality.

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

Duration of remand in custody

When you are arrested, you can be detained by a police officer and kept in custody in a police station for a maximum of 24 hours. After 24 hours, you must be produced before a magistrate, who will decide whether you can be kept for longer.

You can only be detained in a police station for the purpose of investigation. This needs to be completed within 15 days of detention. After this time, you will be transferred to prison on remand or released on bail.

There are exceptions to this time limit if you are arrested under certain laws, which allow the police to hold people for up to 90 days. You should seek legal advice if you are concerned about how long you are being held by the police.

You or your lawyer can oppose the order to hold you on remand. There is no strict limit on how long you can be remanded in prison. If you are not released on bail, you could spend 2 or 3 years in prison before your trial concludes.

Prisoners on remand and sentenced prisoners: differences

Prisoners on remand and sentenced prisoners are kept in separate accommodation within the same prisons. Rights and conditions are generally similar.

Prisoners on remand are always allowed to wear their own clothes and are not required to work. For sentenced prisoners, this varies depending on the sentence. Accommodation for prisoners on remand tends to be more crowded.

After you are charged

When you are charged, the trial judge will read and explain a written order. You will be asked whether you plead guilty or not guilty.

You will be informed of your rights when you are charged. You have a right to be accompanied by a lawyer at this point. Your lawyer or a court-appointed interpreter can translate for you if you do not understand the language.

If you plead guilty, your statement will be recorded and you can be convicted by the trial judge. If you plead not guilty, the trial begins.

Unless you are released on bail, you will be detained in prison pending trial. It is common for prisoners to be held for a long time pending trial.

Bail

Offences are classified as ‘bailable’ or ‘non-bailable’.

For bailable offences, you may be released on bail as a right.

For non-bailable offences, whether bail is granted depends on the circumstances of the case. If the court considers that there are insufficient or no grounds for believing that you have committed the offence, you can be released on bail.

If there are reasonable grounds for believing that you are guilty of a non-bailable offence punishable with death or imprisonment for life or imprisonment for ten years, you cannot be released on bail.

There is an exception to this if the trial is delayed for reasons outside your control and you have remained in continuous detention.

For offences not punishable with death, bail can be granted if a man has been detained for more than one year or if a woman has been detained for more than six months.

For offences punishable with death, bail can be granted if a man has been detained for more than two years or if a woman has been detained for more than one year.

The court has the power to refuse bail and to decide bail conditions. You may or may not be banned from travelling or required to surrender your passport.

Bail is normally paid in the form of surety bonds. This means letters are deposited at the court by someone who agrees that their property will be transferred to the state if you do not adhere to your bail conditions. A lawyer can help with this process. The amount is set by the court on a case by case basis and may not be affordable.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

When you are arrested, you are entitled to engage a lawyer of your choice for the purpose of applying for bail. You will be allowed access to your lawyer. However, you may not seek assistance of the legal counsel or be accompanied by the legal counsel at the time of making a statement before the police or during any stage of the investigation.

Private lawyers usually ask for partial payment in advance. You should discuss the costs with any lawyer that you are considering hiring.

If you cannot afford a lawyer, you are entitled to be defended by a state lawyer before the trial court. There is no formal application process. You should inform the police or the court if you cannot afford a lawyer.

There are no court costs to pay in criminal cases. In a civil case, you need to pay court fees.

Trial

The trial commences if you do not plead guilty or if the trial court in its discretion decides not to convict you on pleading guilty. The stages of the trial are described below.

You will be provided with documents, including a copy of the original complaint, police reports and witness statements.

The prosecution is asked to give evidence. The prosecution and the defence can both apply to the court to summon any person or document.

You have the right to cross-examine any witnesses against you. You can do this personally or through your lawyer. You should be present when the evidence is recorded. However, if there is proof that you have absconded and there is no immediate prospect of your arrest then it can be recorded in your absence.

After the examination of the prosecution witnesses, the court will ask you questions and record your answers, without administering an oath. You are not required to answer the questions, but if you refuse or give false information this may harm your case.

You have a right to give evidence under oath to disprove the charges or allegations but you are not required to do this.

The prosecution is responsible for proving the case against you beyond the shadow or reasonable doubt.

If you have not given evidence in your defence, the court calls on the prosecution to sum up the case and then asks the defence to reply. If you have given evidence in your own defence, you sum this up first and then the prosecution replies.

A judgment of acquittal or conviction is recorded by the Judge in the light of the evidence.

Where the court finds that there is no probability of you being convicted of any offence, the court may acquit you at any stage of the trial.

Sentences

Depending on the nature of the case, a variety of sentences can be handed down.

You can be sentenced to simple or rigorous imprisonment for a period of time decided by the judge. Being sentenced to rigorous imprisonment means that you are required to work in prison. If you are sentenced to imprisonment for life, this means 25 years.

You may be required to pay a fine or forfeit property to the government. The court can also order you to pay compensation to the victim or to the victim’s legal heirs. In some cases, compensation can be agreed out of court.

Several offences carry the death penalty in Pakistan. If you are facing charges or are convicted of an offence which carries the death penalty, you should inform the British High Commission. We may be able to support dual nationals in the country of their other nationality these cases.

Corporal punishment is permitted under Pakistani law.

If you do not have Pakistani nationality, you will be deported at the end of your sentence.

Appeals

You have the right to appeal against your sentence. You need written permission from the superintendent to submit an appeal.

When you are convicted and admitted to jail, the superintendent must inform you of the time period within which an appeal against the conviction may be filed.

The time limit and where your appeal will be heard depends on the sentence and on which level of court made the original judgment. Appeals can be heard by a magistrate, the sessions court, the high court or the supreme court. Time limits for appeals are between 7 and 60 days. You may be able to appeal at different levels as your case proceeds. You should seek legal advice on what options are available.

You are allowed to meet and consult with relatives, friends and legal counsel to prepare your appeal. You have the option of authorising a relative or agent to submit the appeal on your behalf.

If you do have not have a relative or agent, the superintendent is required to apply to the court for an official copy of the order of conviction and to allow you to prepare your own appeal.

The prosecution also has the right to appeal a judgement. This is fairly common practice.

Reaching the end of your sentence

Reduction of sentence (remission)

Remission may be granted to all classes of prisoners on a number of grounds. This applies to men, women and juvenile prisoners. It is classified as ordinary remission or special remission.

Ordinary remission is awarded for good behaviour. A continuous year in prison without committing any offence can earn 15 days of ordinary remission. Completion of 3 years without committing any offence entitles you to an additional remission of 30 days for good conduct.

Special remission is awarded for reasons including:

• marked diligence in teaching or learning
• passing educational qualifications
• learning holy scriptures
• excellence in work
• assistance to a prison officer
• blood donation
• voluntarily undergoing surgical sterilisation

Generally, total ordinary remission does not exceed one third of the period of the sentence. In exceptional circumstances this limit may be exceeded. Life imprisonment (25 years) may not be reduced to less than 15 years.

If you are sentenced for espionage or anti-state activities you are not entitled to any remission.

Early release

The court, depending on individual circumstances and cases decides early release and parole. You should ask your lawyer for details.

Clemency or pardon

All convicts have the right to file a petition to the government for clemency.

If your appeal or application for special leave is dismissed by the Supreme Court of Pakistan, the superintendent must inform you immediately after receiving this information. This is so you can apply for clemency or pardon within 7 days.

The President has the power to grant pardon and to remit, suspend or commute any sentence passed by any court or other authority. Legal advisors can provide details on this.

The Provincial Government may remit or commute sentences passed by criminal courts. This may be subject to approval of the President.

If you have been sentenced for an offence against the human body including murder and grievous hurt, prior consent of the victim or the victim’s legal heirs is required for remission of sentence.

Financial penalties

Financial penalties are prescribed by law, depending on the nature of the offence and the statute under which it is committed.

Where an offence is punishable with fine plus imprisonment and you do not pay the fine, you can be kept in prison for a further period of up to a quarter of the maximum imprisonment for the offence. Where an offence is punishable only with a fine, you can be kept in prison for up to six months for not paying the fine. If you are imprisoned because you have not paid a fine, this ends whenever the fine is paid.

Transfer to another prison within Pakistan

Transfers to other prisons in Pakistan are only permitted when there are exceptional and compassionate reasons for doing so. You may apply for a transfer but permission depends upon the authorities. Your lawyer can inform you about the procedure.

Transfer to a prison in the UK

There is a prisoner transfer agreement between Pakistan and the UK.

To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

If you want to be transferred to a prison in the UK, you should speak to prison officials. They can pass this request to the Ministry of the Interior. If the Pakistani authorities agree to the transfer, they will then make a request to the relevant UK authorities.

The agreement has recently resumed after being suspended and processes within Pakistan are unclear. Consular staff can provide you with a copy of the prisoner transfer agreement.

Release and deportation

The superintendent fixes your release date, taking into account any remission that you have been awarded. You will be informed of your release date.

At the end of your sentence, you will be taken before the deputy superintendent, who will check your records and order your release. If you have the right to remain in Pakistan, you will be released at the prison gate.

You will be provided with a release certificate signed by the superintendent. If you request it, this can contain a report on your character and conduct or on skills you have gained in prison.

The criminal code does not state that prisoners will be deported automatically on release. However, a court or the government may make an order for deportation of a foreign prisoner who does not have permission to stay in Pakistan or who is deemed to be an undesirable and whose permission to stay in Pakistan is revoked. In practice, if you do not hold Pakistani nationality you will be deported at the end of your sentence.

The Federal Government is allowed to spend any of your money or property to pay for the expenses of your departure or your expenses until departure. If you do not have enough money to pay for your deportation, your friends or family are likely to be expected to pay.

If you are due to be deported, you will be kept in prison until all the arrangements have been made. The British High Commission will contact you before the end of your sentence to explain the deportation process.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

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

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

Other sources of practical help back in the UK are:

The Salvation Army
Website: https://www.salvationarmy.org.uk/
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship
Website: https://prisonfellowship.org.uk/
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm

Your criminal record in the UK

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

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad
Website: https://www.prisonersabroad.org.uk/
89 – 93 Fonthill Road
London N4 3JH
UK
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Monday to Friday 9:30am to 4:30pm (UK time)

Glossary of terms

Useful legal terms

Legal term	Translation (Roman Urdu)
Accused	Mulzam
Acquittal	Bari
Adult	Baligh
Allegation	Ilzam (ill-zaam)
Appellant	Mu-dai
Application	Darkhawast (Dar-kha-wast)
Arrested	Giriftar (girif-tar)
Capital Punishment	Saza-e-maut
Convicted	Saza-yafta
Court	Adalat
Court Case	Muqadma
Custody	Harassat
Defence	Defah
Evidence	Saboot
Guilty	Mujrum
Hearing	Peshi (Pay-she) / Tareekh (date)
Imprisonment	Qaid (Kay-ed)
Judgement	Adalati Faisal-la (or generally called ‘Faisala’)
Lawyer	Wakeel
Legal	Qanooni
Life Imprisonment	Umar Qaid
Medical examination	Tibi Moiena
Minor	Nabaligh
Next of kin	Qareebi Rishtaydar
Pardon	Muafi
Personal belongings	Zaati Ashiya
Plead	Iltija (ill-te-ja)
Police Station	Thana (Th pronounces as in Theodore)
Power of Attorney to appoint lawyer	Wakalat-nama
Prison	Jail
Property	Jaidad
Prosecution	Isstighasa (Is-ti-ghasa)
Recovery	Baramdagi
Release	Rayhayee
Remission	Muafi
Restriction	Pabandi
Revoke	Mansookh
Trial	Samat
Under trial	Hawalati (Hawa-la-ti)
Visit	Mulaqaat

Key phrases – English into Urdu

English	Urdu
Hello	Asslam-o-Alaikum
Good morning	Subh bakhair
Good evening	Shaam Bakhair
Good night	Shab Bakhair
How are you?	Aap kesay hain?
How’s life?	Zindagi kesi ja rahi he?
Where are you?	Aap Kahan hain?
Are you busy?	Kia aap masroof hain?
Are you free?	Kia aap farigh hain?
I am hungry	Mujhe bhook lagi he
I am sick today	Meri tabiyat aaj kharab he
Are you ready?	Kya aap tayar hain?
As soon as possible	Jald az jald
At what time?	Kis waqt per?
Be careful	Aihtiyat se
Call me	Mujhe Phone karo
Can I use your phone?	Kya mein aapka Phone istamaal ker sakta hon?
Can you help me?	Kya aap meri madad ker sktay hain?
Come here	Idher Aaen
Do you take medicine?	Kya aap dawa laitay hain?
Do you have a pen?	Kya aap kay paas pen hai?
I need my medicine	Mujhay meri dawa ki zarurat hai
I need to see a doctor	Mujhay doctor se milnay ki zarurat hai
I want a lawyer	Mujhay wakeel chaheye
I want to see my lawyer	Mujhay apnay wakeel se milna hai
How long will it take?	Kitna waqt lagay ga?
I have a head ache	Mujhay sar dard hai

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-Speaking Lawyers

List of Private Translators/Interpreters

Prisoners Abroad Forms