Guidance

British prisoners in Papua New Guinea: information pack

Updated 27 September 2021

1. Introduction

1.1 Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commission 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.

1.2 About the High Commission

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

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither Her Majesty’s Government, nor any official of the Consulate, 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 in this booklet 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.

1.3 Who are the Consular Representatives?

Janette Lucey - Deputy High Commissioner

Email: [email protected]

Mesach Tai - Consular Assistant

Email: [email protected]

1.4 Contact Information

British High Commission Port Moresby

Sec 411 Lot 1 & 2Kiroki StreetWaiganiNational Capital District
Port Moresby
Locked Mail Bag 212
Papua New Guinea

Contact form https://www.contact-em...

Telephone (+675) 303 7600/+44 20 7008 5000

Alternate number for British Nationals needing assistance +61(0)2 8247 2200

For enquiries that are not consular related, email [email protected]

Public hours:
Monday to Friday - 9.00am to 12.00pm

Office hours:
Monday to Thursday - 8.00am to 4.00pm
Friday - 8.00am to 12.00pm

Urgent assistance required outside of these hours is available through the British High Commission main number.

2. First Steps

2.1 Who will know that I have been detained?

When a British Citizen is arrested and detained in PNG, the PNG authorities must inform the British High Commission upon the prisoner’s formal request. It is their right to have this notification done by the authorities. However, we often learn of an arrest informally from friends, family or other sources.

2.2 What will my family be told?

In Papua New Guinea you have an automatic right to make a telephone call when you are arrested. But if you contact us we can, if you wish, ask the FCDO in London to inform your next-of-kin in the UK of your arrest. We can also pass on any messages from you. For confidentiality reasons we will not tell anyone that you have been detained, or what the charges are, without your permission.

2.3 What will the Consulate do?

We will aim to contact you within 24 hours of being notified of your arrest. If you request a Consular visit, we will aim to do this within 48 hours (excluding weekends and public holidays). If distance makes it difficult for us to visit as soon as you would like, we will explain this and confirm a time period within which we will visit.

2.4 Would I have a criminal record in the UK?

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

3. Visits

3.1 How do my family and friends arrange a visit?

If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison, and what they can and cannot take in if your family are travelling the long distance from the UK, we can also request extra visits for them. You should advise any potential UK visitors to contact us via the FCDO in London (see page 8), giving as much notice as possible. Each prison has its own rules regarding visits. Visits by UK family may be granted for around an hour each day, depending on the prison director. But this cannot be guaranteed, or taken for granted. And the prison authorities may refuse visits by non-relatives. The prison can also refuse visitors if you are being disciplined because of bad behaviour, or if a visit will prejudice your court case. Visitors should arrive around 30 minutes before each visit, and should bring their passport and travel documents for ID purposes.

These are held by the prison and are returned at the end of each visit. Visits are usually contact ones, with visitors and inmates allowed to sit at the same table in a sheltered area. No valuables can be taken into prisons during visits, including mobile phones and jewellery (except religious items). No gifts are allowed. Nor can visitors wear open-topped footwear. It is advisable to give family and friends as much information as you can about what to expect when they reach the prison. They are likely to find the sight of you in a prison visiting area with guards all around a distressing experience.

3.2 How many visits am I allowed?

Detainees in prisons are allowed visits by friends and relatives on weekends only. Visitation hours are from 9:00am to 3:00pm and each person is given half an hour. Visitors are searched at the gates before and after every visit to ensure no contraband items such are cigarettes, betel nut, weapons, money cameras, etc are taken in or out of the prison.

3.3 Consular visits

If you are convicted, you are entitled to one further consular visit after sentencing. Please contact us direct to request this. After that second visit we will not be able to visit you again, unless there are exceptional compassionate circumstances. If you have any health or welfare concerns, please discuss these with your Welfare Officer in the first instance. You can of course also contact us at any time, either by telephone, fax, or letter. If you telephone and we are not available, please leave a voicemail message and we will contact your Welfare Officer.

3.4 What can visitors bring?

PNG has approximately 21 prison facilities. Regulations about permitted items vary. Therefore, families should contact the High Commission in advance of their visit so we can provide them an updated list. Otherwise visitors can bring along food, toiletry, reading material, stationery and other basic living requirements.

4. Prison conditions/services

4.1 Arrival at police station

At a police station, if a decision has been made to detain the person, details of the offence will be recorded in a permanent register of arrests. Promptly after, the person shall be informed of the reason for his arrest, details of his charge and his right immediately and in private to contact a member of his family or a personal friend and to give instructions to a lawyer of his choice or the Public Solicitors office. The officer in charge of a police station is at all times under a legal duty to permit persons either arrested or detained at the police station and without delay, to contact family, friend or a lawyer of their choice.

4.2 Arrival at prison

When someone is arrested they are taken to the prison in the first instance. Any belongings that is not part of the investigation process or evidence will be sent to the prison, if there is enough space to keep them.

The British High Commission cannot store your personal belongings on your behalf. The only property we can keep for you is your passport. However this is usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

4.3 General prison conditions

As in the UK, overcrowding is sometimes a problem in Papua New Guinea prisons. Sometimes not even a mattress will be available to you. Most PNG prisons will provide basic toiletries, basic eating utensils, prison uniform and standard linen. You should also be aware that the conditions of toilets and showers are sometimes poor.

4.4 How can I receive money?

The prison will open an account for you into which friends and family can transfer money (see below).There is a limit on how much money can be put in, or taken out, at any one time.

The Foreign, Commonwealth & Development Office operates a service which allows you to pay funds to us in the UK which we will pay out in local currency. The various ways you can pay us are detailed in the attached sheet.

Under the Consular Fees Order of 2013/2014, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows:

Amount being sent	Fee
One monthly payment up to £100	Free
Each additional payment or amount of £0.01 - £99.99	£10
Each additional payment or amount of £100 - £499.99	£30
Each additional payment or amount of £500 and above	£80

When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £150, you will need to send us £160 (£150 to forward plus £10 fee). If other friends and family also plan to transfer funds in the same month, you should consider coordinating payments so you know what FCDO fees to expect. We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient.

Should we be unable to pay the funds locally to the recipient, our policy is to refund amounts above £5 to the depositor by bank transfer. In this case, we would contact you for your bank details. Refunds may take several weeks as our internal processes can only start once all relevant costs have been cleared with local authorities.

4.5 Options to transfer funds to British nationals overseas via the Foreign, Commonwealth & Development office

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

Electronic Bank transfers

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

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

Bank	National Westminster Bank
Account Name:	FCDO Multi Vote
Sort Code:	60-70-80
Account Number:	10012362
Reference:	FCDO case reference number (which can be found at the top of this letter), surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE - THAILAND or CON-1234 SMITH JOE – THAILAND
IBAN:	GB56NWBK60708010012362
SWIFT/BIC:	NWBKGB2L

You may also need our bank address which is:

London Corporate Service Centre,
CPB Services, 2nd Floor,
280 Bishopsgate,
London, EC2M 4RB

By Post

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

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

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

Please note the High Commission does not provide financial support to British Nationals in prison abroad.

4.6 Can I work or study in prison?

The following services are available in Papua New Guinea prisons:

• welfare
• education
• chaplains
• health services, including psychiatrists and psychologists
• law and general library
• workshops
• business units

Whilst in prison make the most of what the prison has to offer, as education and learning new skills (especially computing/trades) will help the time pass, and also benefit you in the long run. Please address all enquiries to your Welfare Officer.

4.7 Can I receive medical and dental treatment?

If you need medical or dental treatment you should make an appointment to see the Welfare Officer who may be able to help arrange for you to visit the doctors at the nearest hospital in town. But all prisoners in Papua New Guinea requiring specialist treatment are transferred to Angau Memorial Hospital in Lae or Port Moresby General Hospital in National Capital District. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the doctor or specialist here.

4.8 Food and Diet

The prison authorities state that the food they provide is a balanced diet giving the necessary daily nutritional requirements. A special diet can only be approved where the prison doctor gives his authority on medical grounds. If your religion requires you to have a special diet, this is also usually not allowed.

4.9 Mail/Parcels

You can receive and send mail directly, but there are rules about what you can and cannot receive. There is usually no limit to the number of letters you may send or receive. All letters are censored, but the prison authorities are obliged to deliver them with the minimum of delay. The local postal system is not reliable, and transit time for Air Mail letters sent to the UK is usually a week. Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence. If you do the same you can keep track of anything that goes missing. We regret that we cannot accept mail for onward delivery. Any mail received will be returned to the sender.

4.10 Can I make telephone calls?

You are allowed to make telephone calls using a phone card. You can make both international and local phone calls, subject of course to having funds available on the card. But you also have to nominate the numbers in advance so that they can be programmed into the phone card. You might want to include the British High Commission phone number in your nominated numbers – 325 1677 Ext 2215.

4.11 Leisure and entertainment

There are sporting facilities available to detainees at most prisons. Sports is encouraged for most detainees. There is a sewing room available for women to use to learn how to make bilums and do general sewing. There is also a small library facility.

4.12 Drugs

It is widely known that drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs you will be punished accordingly.

There is an Alcohol and other Drug counselling & treatment service at most prisons in PNG.

4.13 How can I make a complaint about mistreatment?

There is an official complaint procedure in place for mistreatment

If you feel you have a justified complaint about prison conditions, raise it with your Welfare Officer or another prison official in the first instance. If this does not resolve the matter, contact us and we will take action as appropriate.

There is usually both a Catholic priest and a Protestant minister attached to each prison. In larger prisons they are permanent staff. They can often provide help or support where an overworked Welfare Officer cannot. You can ask for a pastoral visit at any time.

5. The PNG Judicial System

The High Commission cannot interfere with the PNG Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive penalties.

5.1 Is the system the same as the UK?

The PNG judicial system is similar to the UK system. The District, National and Supreme Court have jurisdiction to preside over all criminal matters. Magistrates preside in the District courts while Judges preside in the National and Supreme Court. Seniority of magistrates range from Grade III, VI and V. Grade III and IV magistrates have jurisdiction to hear and determine minor offences under the Summary offences Act 1977 (https://www.paclii.com). Grade V magistrates hear all indictable offences, determine whether there is a prima facie case then commit the matter to the National Court. Police are responsible for prosecutions in the District Courts. This is called committal proceedings. During the initial proceedings, police are responsible for conducting investigations and prosecutions. When a matter is committed to the National Court, the Office of Public Prosecutor is then empowered to prosecute the offender. In all criminal proceedings, you can appeal a decision from a lower court to the next higher court. The Supreme Court is the final court of appeal.

5.2 What should happen when I am arrested?

Procedure for arrest is contained under the Arrest Act 1977. Police are authorised to grant bail. Bail is not a right and is dependent on the nature of the offence. All criminal offences are contained under the Summary Offences Act and the Criminal Code. Every criminal offence provision outlines a penalty or an appropriate range of penalty. If you are charged with a minor offence, you will be fined, cautioned and released. Upon arrest, the police officer is under a legal duty to take you to the nearest police station to be dealt with and can use reasonable force to prevent your escape.

5.3 For how long can I be remanded in custody?

Where a person is in lawful custody, police are empowered to take all necessary steps for identification purposes including finger printing. When a person is not convicted of a charge he is being detained for or his appeal has been successful, all records of particulars of his identification shall be destroyed.

5.4 What happens when I am charged?

In the National Court the first hearing is usually to inform the court of the nature of the offence by way of an indictment which is the formal name for a charge. This is handed up to court by the Public Prosecutors office. The indictment will set out the wording of the charge and specify the criminal offence provision. As part of the preliminaries, the offender is required to inform the court of his plea. The court will also need to be advised of whether the offender will appear on his/her own behalf or have a legal representative. The prosecutor is also required at this time to inform the court if all is in order for the trial to proceed. The hearing at this stage is dependent now on the availability of the judge to conduct the trial, availability of lawyers at the nominated date, and the availability of witnesses from the defence and prosecution to appear before the court. The Constitution of Papua New Guinea protects all persons, both citizen and foreign who shall be treated as innocent until proven guilty.

5.5 What provision is there for bail?

1. The Bail Act 1977 sets out the procedure for bail applications. (https://www.paclii.com). Depending on the nature of your case whether civil or criminal, legal assistance can be obtained from the Office of Public Solicitor or from private law firms. Bail can be sought at any time, other than for Treason or wilful murder. Only the National or Supreme Court can grant bail in certain cases. Such cases include wilful murder, murder or an offence punishable by death, or charges for rape, abduction, piracy, burglary, stealing with violence or robbery, kidnapping, assault with intent to steal, or breaking and entering a building or dwelling-house, and in which a firearm is involved, irrespective of whether or not the firearm was actually used in the commission of the alleged offence.

2. A bail authority when either granting or refusing bail, must satisfy themselves that prescribed considerations had either been fully satisfied or not, before making a decision.

5.6 What kind of legal assistance is available

If you do not engage your own lawyer, you may be eligible for a Legal Aid lawyer free of charge. Legal Aid is a Government legal service dealing mainly with family law and criminal legal matters. They provide free legal advice as well as court representation, and grants of legal aid funds to pay for a legal aid lawyer or a private solicitor. You must meet strict criteria in order to qualify for Legal Aid. Your income and financial means will be taken into account, as well the merits of your case, i.e. whether or not the case is likely to succeed. Your nationality is not a factor. Every prison keeps a Legal Aid visit book. Ask your Welfare Officer to put your name in this book and you will be visited by a Legal Aid lawyer.

For more information about Legal Aid, call the office of the Public Solicitors on 325 8866, open from 8am 4pm Monday-Friday.

5.7 What happens at the trial?

All persons convicted and sentenced will serve their time in a designated provincial jail in the province where their case has been heard.

5.8 Sentences

How can appeals be made?

A person is entitled to an appeal. Appeals can only be made within a set period of time commencing from the date of the court decision. A person can only appeal the decision of a lower court to a higher court. Strict rules, timelines and procedures apply for how appeals can be instituted. Both the National and Supreme Court have appellate jurisdiction in criminal matters. The Supreme Court is the final court of appeal. It is advisable you consult a lawyer immediately after you have received the decision on your sentence. Time limitation periods for appeal commence on and from the date of sentence.

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

A person is eligible for parole subject to the Parole Act 1991. The law is explicit on when a detainee becomes eligible for parole. There are three instances; (1) having been sentenced to a term of imprisonment of less than three years –has served not less than one year; or (2) having been sentenced to a term of imprisonment of three years or more–has served not less than one third of the sentence; or (3) having been sentenced to life imprisonment or detention during Her Majesty’s pleasure–has served not less than 10 years.

What provision is there for clemency or pardon?

Depending on the offence committed, the correctional service institution or the power of mercy committee are empowered to recommend to the Prime Minister to pardon those that have committed serious offences.

5.9 Is transfer to another prison within PNG possible?

The prison authorities can impose transfers between prisons in Papua New Guinea for disciplinary or other reasons. This is the policy of PNG Corrective Services, and the Consulate cannot intervene on your behalf. Transfers to prisons in other Provinces in PNG are only permitted in exceptional compassionate circumstances.

5.10 Is transfer to the UK a possibility?

A Prisoner Transfer Agreement is in force between the UK and PNG. Once you have been sentenced, and if there are no appeals outstanding, you can apply to be transferred to the UK to serve the remainder of your sentence in a UK prison. The application process can take up to a year, on average. If you wish to be considered, you will need to complete an application form from the PNG Attorney-General’s Department and submit it direct to them.

5.11 What are the procedures for release and deportation?

Procedure for release: When an offender has completed his term of sentence, he will be released.

Deportation procedure is determined under the Migration Act 1978 (https://www.paclii.com).

6. 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: https://www.prisonersabroad.org.uk

7. Annexes

• annex 1: list of English-speaking lawyers in PNG