Guidance

Information for British people arrested or detained in Slovenia

Updated 27 July 2023

Chapter 1: Key Points

Overview

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

The British Embassy in Slovenia:

British Embassy Ljubljana
Consular section
Trg republike 3
1000 Ljubljana

Tel. +386 1 200 39 10, then dial the option for British persons travelling or living overseas. Website: https://www.gov.uk/world/slovenia

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.

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 through the treatment officer or by visiting. 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 the prisoners’ welfare charity Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

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

First steps

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 drug 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 Slovenia.

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 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 Slovenia

Visits: friends and family

Who can visit and how to arrange visits

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

In the investigation (pre-trial) stage of detention, prison visits are at the discretion of the investigative judge. Permission must be obtained in writing from the judge. We can help your family members to apply for this permission.

For prisoners who have been sentenced, visits are authorised by the prison governor. The prison welfare officers or your local lawyer can advise you on this.

In order to receive visitors, you should provide the prison with the names of the people you would like to visit you, so they can be added to your prison visiting list.

This information can vary from prison to prison. In the majority of the prisons you are allowed to receive visitors (close family members) twice a week. Each visit can usually be for one hour. Prisoners can also be visited by other authorised persons, for example counsellors, consular representatives and other representatives of official organisations. The visits are appointed to the prisoners – 3 times per week for a sentenced prisoner and 2 times a week for a remand prisoner. The prison authorities or your lawyer will be able to inform you of visiting times/days.

Please check with the prison social workers/treatment officers, or with your lawyer, about when visits are allowed for the prison you are in.

The number of visitors may be limited to a number that guarantees safety and order.

What to expect when you visit

Visiting times vary from prison to prison, but most prisons are flexible, especially for visitors who come from overseas. Visitors must identify themselves with their passport when they enter the prison grounds. Passports will most probably be held by the prison guards and returned to the visitor when exiting the prison.

The visit can be monitored for security reasons and visitors will be informed accordingly. Lawyer’s visits are not monitored.

Visitors and items can be searched. In case of suspicion of bringing prohibited items, a thorough personal search can be carried out.

What you can take on your visit

Slovenia has a large number of prison facilities and regulations about permitted items can vary from one prison to another. Normally prisons allow one parcel once a month, containing clothes, food, books, or all three. The prison will have a list of prohibited items that cannot be sent to you and information on any restrictions on how large parcels can be.

The Embassy can help your family to obtain the list of prohibited items from the prison.

Visits: consular staff

Consular staff will usually make initial contact with you through the prison treatment officers. They will send you this information pack as well as information and forms from a UK charity, Prisoners Abroad (should you wish to apply for their assistance). They will also send a consent form from the Embassy to be able to share information with your family members/friends. It is important that you fill in the consent form with the names and contact numbers of your family members and/or friends you would like us to share information with.

If you want to write to us, our address can be found on page 4 of this pack. If you want to phone us, you should be able to do so, providing you have a telephone card you can use. To find out how to apply for a telephone card, please ask the judge (if you are in investigative detention) or the prison treatment officer (if you have been sentenced).

You should also let the prison treatment officer know if you have welfare or medical concerns or any other general issues within the prison.

We will visit you if there are any special circumstances warranting a consular visit (i.e. mistreatment or welfare issues). Please be aware that we are only able to assist you with welfare issues and not with the legal side of your case. If you have any questions about the legal system or your case in particular, please see the short explanation in this pack (page 10) or ask your lawyer. We also normally visit British citizens once after sentencing and then once a year if the sentence is longer.

Once we have received notification from you that you would like a visit, we will organise a visit as soon as possible after agreeing the visit with the prison management. We might be able to arrange to speak with you over the phone with the help of the social worker instead.

You can write to us at any time on matters of concern:

British Embassy Ljubljana
Trg republike 3
1000 Ljubljana

If it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Detainees and prisoners in Slovenia are able to make trips outside the prison only for emergency medical assistance and will be taken to the specialist doctor or a hospital by prison security officers. Trips for other reasons, including e.g. funerals or critical illness of a prisoner’s next of kin outside Slovenia, will most likely not be allowed but permission can be sought from the Prison Warden as well as Ministry of Justice by the prisoner or their family.

The address for the Ministry of Justice is:

Ministrstvo za pravosodje
Uprava Republike Slovenije za izvrševanje kazenskih sankcij
Župančičeva ulica 3
1000 Ljubljana

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

If you commit a crime, or are suspected of committing a crime, you may be detained by the police. If you are caught while committing a crime or immediately after you commit a crime, you may also be detained by any person who has to report the detention and turn you over to the police immediately. When someone is arrested they are taken to a police station in the first instance.

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.

A defendant can be detained for up to 30 days before any court appearance. Within 48 hours of the suspect being brought before the investigative judge, the judge must issue a decision to either detain or release the accused. You should ask to make a phone call, either to call your family/friends, lawyer or the Embassy. Note: the police should ask you if you would like to make a phone call.

After you are detained, within 48 hours you must be:

• informed of the reasons for your detention

• interviewed

If you are arrested, you will be taken to a prison facility but 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 for example, a small village, town, city or at a border crossing.

At the moment of your arrest you should be made aware of your rights; one of them is to have a police officer call a family member of your choice or the Embassy. Under the Vienna Convention of Consular Relations you should be asked by the police if you wish the British Embassy to be informed of your arrest. If you are not asked, then you should request the Police to inform the Embassy of your arrest.

The police officer who arrested you might want to take a statement from you. This has to be done with an official sworn court interpreter present so that you understand what is being said. If at any point you are asked to sign documents you do not understand, you have the right to request for them to be translated into English. This will prolong the process but you will be sure about what you are signing.

The police officer is obliged to draw up the written record of the interview and provide the detainee with a copy of it. The interviews can also be recorded with an audio and video recording device, but it is not mandatory. You can view the record and give comments on the record.

Appearing at court

When you are brought to the court, the investigative judge makes the decision on your detention. If the investigative judge has no reasonable doubt that you have committed a crime or that if not detained there is a chance you may flee the country, she/he will decide to remand you in custody for one month for the purpose of carrying out the investigation (collect evidence, get statements from witnesses, expert witnesses, run lab tests, etc.). If the investigation is not completed within one month, the investigative judge might prolong the investigation period for a maximum of five months.

You will be charged by the prosecutor’s office and if you cannot afford a private lawyer the Slovenian government will appoint a public defender for you for free.

More information about the rights of detainees/prisoners can be found at the Fair Trials website.

Your lawyer’s role is to advise you, and to represent your interests by ensuring that your rights are protected, and by making any applications or appeals that may be helpful to your defence.

Your lawyer is also entitled to make certain requests, including requests to have certain types of evidence gathered, to present evidence, or to request evidence gathered by the investigative authorities not to be used at trial.

More information about the Slovenian judicial system can be found in Chapter 3.

Initial arrival at the 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, or given to your family/friends or lawyer.

The British Embassy/Consulate cannot store your personal belongings on your behalf. 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 or your identity or as a condition for your bail/parole. This measure is taken by the courts to prevent you from breaking your bail conditions.

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).

If you are in investigative detention you must submit a written request to the judge to allow calls to certain numbers and persons, usually your close family members, the Embassy and your lawyer. Usually there is access to a pay phone and you need to use your prison card which you will be issued with. The phone may be used on certain days at certain times but your telephoning will be restricted to a certain amount of minutes per week. The minutes per week allocated to a prisoner varies depending on the evaluation of the prisoner by the prison authorities (usually 10-15 minutes). Usually calls to the Embassy and your lawyer, are not deducted from your telephone minutes allowance. 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 face disciplinary action according to the prison’s regulations.

Women must be held separate from men. Only female prison guards can perform a physical search of female detainees.

If the person is detained in inadequate clothing (e.g. wet, dirty, too little for the season) the police need to provide a fresh set of clothing (either from the family members of detainees or from humanitarian organizations).

Prison: conditions and daily life

General conditions in Slovenian prisons are basic and can be compared to those in the UK. You can read more about the police and prison conditions in the report made by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

Overcrowding is a problem, so you cannot expect a single cell as a matter of course. Slovenian 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 so permitted 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. Prisoners are allowed out of their cells for 60-120 minutes a day, depending on the weather and the size of the courtyard.

If there are issues with the conditions in the prison you can let the Embassy know and we will try to help you as much as we can. Please note we are not able to ask for you to have better conditions than others in the prison.

Food and diet

Prisoners are offered three meals a day (or more if under 21) and the diet is usually balanced, including carbohydrates, protein, fruit and vegetables. Special diets are available once agreed with the prison doctor and the treatment officer, based on medical needs, lifestyle (vegetarian etc.) or religious reasons. There are usually some food products at the prison shop that prisoners are allowed to buy on certain days depending to the roster for shopping. Prisoners do not generally need to supplement their diet in order to remain in good health in Slovenian prisons. Water in Slovenia can be drunk from the tap and is of a general good quality.

If you have any special dietary requirements and are not able to get them in prison yourself, you can inform your treatment officer. You can also let consular staff know and we can speak to the prison authorities on your behalf. Please note that the Embassy is not able to order the prison to do anything or change their rules.

Hygiene

There is a roster for when each prisoner can shower and it depends on how the prison is organised. Showers are usually communal and are generally of basic quality. Basic toiletries are usually provided by the prison authorities and anything else allowed in prison can be bought from the prison shop.

If detainees have no means to buy the most basic hygiene products, the prison will provide.

Work and study

Some Slovenian prisons offer work opportunities for prisoners after you have been sentenced. Some prisons offer work opportunities outside of the prison for long-term prisoners. Work is not compulsory, but if there is an opportunity for work and you decide to work, you should be paid for it and a portion of what you earn will be saved for when you are released. The type of work available and pay are different in each prison and you should ask your treatment officer for more information.

Some prisons offer educational courses to prisoners in Slovenian. We are not aware of the possibility to study in English. You should ask the treatment officer if study is available in your prison, or if they would allow you to do a distance learning course in English.

Contact and languages

Contact with other prisoners is not punished or restricted, however if you have been arrested with other people you are likely to not be able to be in the cell with them or be able to talk to them. Otherwise, groups of prisoners are able to talk during their daily walks outside, but you might not be able to see all prisoners at the same time.

Prisoners are likely to be put in a cell with other English-speaking inmates, unless there is a reason not to.

Guards usually do not speak good English but might speak some English so you can communicate basic things. Fellow prisoners might be able to help you with translation if they speak English. Prisons usually do not provide language lessons, but the Embassy can send you a Slovenian phrasebook and/or dictionary. You can also use the small list of words and phrases at the end of this pack, which we hope will be of use to you.

Simple writing materials can usually be bought from the prison shop. Prisoners do not have internet access in prisons in Slovenia.

Prisons might have a small library with a small amount of books in English. The embassy can also send you a couple of books should you wish.

You might be able to buy books, magazines and newspaper in the prison shop but in Slovenian only. Some prisons allow TVs and radios in the cell (one TV and one radio per cell) but will not provide them.

Generally speaking, being involved with activities or work within prison is looked upon favourably by the prison authorities.

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

Exercise

Prisoners and detainees are allowed to walk outside daily. Everyone detained for more than 12 hours is entitled to some time outdoors/exercising unless there are security considerations that impact that right. Time spent outside should be at least 2 hours per day.

There might be sports or other activities you could join, and you could check availability of these with your treatment officer. Some prisons have gyms.

Climate

It can be quite hot and humid during the summer and very cold in the winter. Adequate clothing should be provided by prison authorities.

Religion

Prisoners are entitled to take part in religious services of their choice and prisons will try to accommodate your needs. Visits from a priest, rabbi, imam or other minister of faith have to be agreed with the prison treatment officer.

Rules and regulations (including drugs)

The prison authorities want to create as safe an environment as possible. Rules and regulations will be explained by the treatment officers and, if you are not sure, you should ask the treatment officer for information. There might be sanctions applied for failing to follow the rules, for example if someone starts a fight with another prisoner in the cell they are likely to be removed from that cell. Insulting or abusing prison staff might be considered as an attack on an official person and result in sanctions.

There is a reward/ranking system with the possibility to earn privileges for good behaviour. For example, sometimes prisoners who take up job opportunities inside prison can earn more time spent outside or in the gym.

It is known that drug trafficking between prisoners is widespread. Prison staff will carry out random drug checks and if you are caught with any kind of illegal drugs (for example, marijuana or cocaine.) you will face disciplinary action. Tobacco cigarettes are allowed inside Slovenian prisons and if you are a smoker you may buy cigarettes only in the prison shop/canteen. There will be designated smoking areas. You should make sure you know where they are.

Prisons might test prisoners for drugs and all incoming parcels are checked so that prohibited items do not reach prisoners.

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.

Prisoners are able to receive money directly from family members into a prison bank account. There are specific details for sending money to different prisons in Slovenia so please contact the British Embassy in Ljubljana and consular staff will explain the procedure.

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.

Medical and dental treatment

While you are detained, Slovenia is responsible for ensuring your basic medical needs are met. 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, you can either be assisted the same day or in 2 to 3 days. Basic medical attention is free of charge.

Complex problems may be referred to a specialist who will visit the prison. 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 may be useful if you have your medical records, or at least a report of a list of medication you take, sent from your doctor in the UK to the prison doctor.

Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist or hospital outside the prison. Medicine is often not available in the prisons. Referral to private hospitals is not possible. 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 to the prison from your doctor in the UK. With your permission, your UK doctor can send the report, via the Embassy, addressed to you. If you need to be hospitalised, you will be taken to the prison hospital, and to public general hospitals if treatment is not available at the prison hospital. If you have a GHIC (UK Global Health Insurance Card) you will be charged for only the co-payment for emergency treatments – the amount a Slovenia citizen would pay. The doctor can advise you about any medication you may need.

Prisons usually have psychologists but not psychiatrists. Prisoners who need to see a psychiatrist will be referred to an external provider. Prison Treatment Officers are trained to recognise mental health issues and will refer prisoners to the prison doctor for advice.

If prisoners need glasses and do not have them, they can ask to be seen by an ophthalmologist and can get glasses.

In case of a medical emergency, prisoners should alert the prison guards immediately.

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

Letters and parcels

You have the right to send and receive letters. There is usually no limit to the number of letters you may send or receive. Prison authorities are obliged to deliver letters to you with the minimum possible delay. Please be aware that letters are subject to censorship by the judge in the detention stage and the prison warden in the serving a sentence stage. This can be a slow process because both inward and outward letters will need to be translated. As a rule, soft back books and magazines are not censored. However, a particular book or magazine/ publication may be withheld if its circulation is not allowed in Slovenia.

Stationery and stamps are usually available in the prison shop and you will need to buy them. If not, your family may be able to help you obtain them. You can receive parcels from your family. The sender should address the letter/parcel writing your full name, surname and the full address for the prison on the front; including their own address on the back.

Please be aware that all mail and parcels should be sent directly to the prison; the Embassy is not able to receive mail or parcels for you.

Consular staff should reply to your written correspondence within 20 working days, but we aim to do it sooner (excluding postage time and the time it takes the judge or the prison to check it).

Telephone calls

If you are in investigative detention you must submit a written request to the judge to allow you to make calls to certain numbers and persons, usually your close family members, the Embassy and your lawyer. If you have been sentenced, you should ask the prison authorities to allow you to call certain numbers and they will decide which ones you can or cannot call. International calls are allowed providing you have enough money on your phone card. Usually there is access to a pay phone and you need to use your prison card which you will be issued with and will be able to use if you have money on the card (the same card might be used for phone calls and buying goods from the prison shop).

You will be able to use the phone according to the prison roster (certain times on certain days), but you will be restricted to a certain amount of minutes per week. The minutes per week allocated to a prisoner vary depending on the evaluation of the prisoner by the prison authorities (usually 10-20 minutes). Usually calls to the Embassy and your lawyer are not deducted from your weekly minutes allowance. 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 face disciplinary action according to the prison’s regulations.

Making a complaint about mistreatment

If you have been mistreated, try to see a doctor, obtain a medical report and if possible get photos of your injuries. 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 support organisations 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 think you are a victim of mistreatment, you can report this to your prison warden. The prison warden will be required to respond to your complaint in writing within 30 days. If prison warden fails to do so or you are unhappy with the decision, you can complain to the Ministry of Justice. You can also consider raising mistreatment with other officials in the prison and those responsible for oversight of prisons.

If you are a victim of torture on other cruel and inhumane behaviour, you should file your complaint to the responsible district court. The court needs to pass a verdict in five days upon receiving a report from the prison administration. You can file a complaint about the decision of the court to the Higher Court 8 days after being officially served the verdict.

The contact details for the Prison System Directorate Head Office in Ljubljana are:

Ministrstvo za pravosodje
Uprava Republike Slovenije za probacijo
Beethovnova ulica 3
1000 Ljubljana

It would be useful to let us know during the consular visit or by phone if you are sending a complaint as we may be contacted about your complaint. We may also be able to help you in providing you with the local police contact details.

If you are not satisfied with the response you receive, the Embassy may be able to provide advice on how to take your complaint to a higher level.

Chapter 3: The Slovenian judicial system

Overview

The Slovenian judicial system is based on the Roman law, whereas the British one is based on common law. Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that is based solely on a legal code instead of precedent.

The following courts are regular courts (dealing with crimes)

Vrhovno sodišče Republike Slovenije

This is the Supreme Court of the Republic of Slovenia.

Višje sodišče

This is a Higher Courts that decides on appeals against decisions of courts at Municipal and District courts), and on disputes between those courts and certain other matters.

Okrožno sodišče

These are District Courts dealing with serious crimes that have sentences of more than 3 years (at the first level) . These courts also deal with appeals for cases tried at the Municipal Courts as a second level court.

Okrajno sodišče.

These are Municipal Courts dealing with crimes that have sentences of up to 3 years (first level court).

The following courts are specialised courts (and have a status of a Higher Court)

Višje delovno in socialno sodišče

This is a higher labour and social court.

Upravno sodišče

This is an administrative court.

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 should happen after you are 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 police officer call a family member of your choice or the Embassy. Under the Vienna Convention on Consular Relations you should be asked by the police if you wish the British Embassy to be informed of your arrest. If you are not asked, then you should request the Police to inform the Embassy of your arrest.

The police officer who arrested you might want to take a statement from you. This has to be done with an official sworn court interpreter present so that you understand what is being said. If at any point you are asked to sign documents you do not understand, you have the right to request for them to be translated into English. This will prolong the process but you will be sure about what you are signing.

When you are brought to the court, the investigative judge makes the decision on your detention. If the investigative judge has no reasonable doubt that you have committed a crime or that if not detained there is a chance you may flee the country, she/ he will decide to remand you in custody for one month for the purpose of carrying out the investigation (collect evidence, get statements from witnesses, expert witnesses, run lab tests, etc.). If the investigation is not completed within one month, the investigative judge might prolong the investigation period for another maximum of five months.

You will be charged by the prosecutor’s office and if you cannot afford a private lawyer you will be assisted by a state appointed lawyer who will put forward requests for benefits such as bail, etc. The courts will inform you, your lawyer/ state appointed lawyer and the prison authorities of your charges.

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

How long you can be remanded in custody

It is likely that you will be remain in custody until your trial. Within 48 hours of being brought before the investigative judge, the judge must issue a decision to either detain or release the accused. You can be held on remand in custody (pre-trial) in a prison up to the maximum of six months. Initially the investigative judge sets one month’s detention as a period for the investigations to be completed, witnesses heard and evidence gathered. In complex crimes this can be prolonged for another two months and in some exceptional cases for an additional three months. Hearings usually take place three to six months from the date of arrest, although in some cases this may be longer. The time spent in remand will eventually be calculated into the sentence.

Bail is decided upon by the investigative judge and the possibility to be released on bail depends on the type of the crime. Your lawyer /state appointed lawyer will be best placed to advise on this matter and put motions for bail to the judge.

Prisoners on remand and sentenced prisoners: differences

Pre-trial and sentenced prisoners are kept in the same prisons but not together. Some rights are different, for instance pre-trial prisoners have less time to walk outside on a daily basis than sentenced prisoners.

After you are charged

The courts will inform you, your lawyer/ state appointed lawyer, and the prison authorities of your charges. Your lawyer will be able to explain your rights, e.g. any right of appeal. All court decisions will be translated into English before they send them to you.

Bail

Most crimes have provision for bail in Slovenia however serious crimes, like drug trafficking, may not. Your lawyer will be best placed to advise on this matter and put motions for bail to the judge. The possibility and the amount of bail depends on the severity of the crime as well as likelihood that the person will flee the country. Bail is offered to foreigners too but the court usually issues precautionary measures of not being able to leave the country, having to report to the police several times a week and the authorities may retain your passport. If someone out on bail fails to adhere to their bail conditions, a police/Interpol warrant will be issued in their name.

Bail can be paid at the post office, bank, FU (Financial Agency) offices, or by internet banking once the bail payment details are given by the court. The Embassy can help your family to find out the necessary details from the court.

The Embassy can help prisoners contact friends and family who may be willing to help. If your situation changes whilst on bail and you can no longer support yourself financially, you can ask your lawyer to ask the court to put you back in detention.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, here is a list of local 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.

You can hire a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for an advance of their estimated legal fees before they will take on your case. The British Embassy cannot pay legal fees, give legal advice or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a state appointed lawyer, and if later on you wish to hire a different lawyer, the case will be transferred to the new lawyer. Your state appointed lawyer is paid by the state and should provide the same level of service relating to the court proceedings as a paid lawyer. Please check directly with the lawyer about whether any of the services he proposes to do come free of charge or will carry a fee. If you are not happy with the service you receive from the state appointed lawyer, you or your family can hire and pay another lawyer of your choice to represent you. In such case you will be asked to sign a power of attorney to the lawyer of your choice, they will take it to the court and become your legal representative. Your family will be able to agree with the lawyer on how to transfer legal fees to them.

Legal aid is available to Slovenian citizens with extremely small or no income. All foreigners are provided with the state appointed lawyer free of charge.

Trial

You will be asked to attend the court trial, which is when the judge will either free you or sentence you to serve time in prison, based on the evidence they were presented with. Your lawyer has to be present too, as well as the sworn court interpreter, who has to translate what is being said so that you understand the proceedings. If you do not understand the translation you can ask for an explanation. If you speak Slovenian there will likely not be an interpreter present. The judge will have examined the evidence the State Prosecutor has brought to support their charge against you, and will also have your statement from when you were arrested, or from a subsequent hearing if there was one (or more) and in case they needed a further statement from you. In agreement with your lawyer, you may plead guilty or not guilty. The judge will deliberate and bring a decision based on the evidence they were presented with.

Local authorities are inclined to speed up legal processes including for foreign nationals, but for serious crimes it can take longer than expected for cases to be brought to trial.

If, as a party to a court proceeding, you consider that the court has not ruled on your right within a reasonable time, you are entitled to legal protection and compensation.

If you are a party to a court proceeding and you consider that the court has not ruled within a reasonable time on your right, obligation, suspicion or charge of a criminal offense, you are entitled to legal protection.

According to established practice, the court proceedings should be finalised within three years of their initiation.

Sentences

Sentences vary greatly in Slovenia and will depend on the seriousness of the crime. Your lawyer will be best placed to advise you on length of sentences and on appeals processes. British nationals will not automatically be deported to the UK upon release, but might be depending on the Ministry of Justice’s decision. See more under ‘What are the procedures for release and deportation’ below.

Appeals

You have the right to appeal against your sentence in the Higher Courts through your lawyer. Usually the deadline for an appeal is from 15 to 30 days, depending on the charge. The deadline starts when you receive the translated Decision (Odločba) from the court. It is usual for the lawyer to appeal against your first sentence. However, the appeal process is usually very slow. In such cases a lawyer’s opinion of the case is strongly recommended before proceeding.

If there is new evidence that you and your lawyer want to present to the court after you have been sentenced, then your lawyer must put a motion to the court for such evidence to be accepted and looked into. You do not have a right to a state appointed lawyer after the trial has finished and you have been sentenced, so you are best to employ either the same lawyer you had during the trial or a new one. You will need to pay for that lawyer’s services. A lawyer will be able to explain to you if the evidence you have could be considered as grounds for appeal. The prosecution also have the right to appeal a judgement, and it is common practice for them to do it if they consider a sentence to be too small for the crime.

Reaching the end of your sentence

Reduction of sentence (remission)

Prisoners may apply to be released before having served the entire sentence, but only after half of the sentence has been served. The application is made to the prison authorities who, if they decide early release is justifiable due to good behaviour, for example, make a recommendation for early release to the Court for its approval.

Early release

In Slovenia, early release is possible after at least three quarters of your sentence have been served. Parole is not granted automatically and you have to apply for early release yourself or with the help from a lawyer and the final decision is taken by the Ministry of Justice. The requirements to apply for parole are defined by law and you can find out more information from your lawyer or the prison staff. Embassy staff can help you understand who you need to send your application to.

Clemency or pardon

In Slovenia, pardon/clemency can only be given by the President on the proposal of her/ his delegates such as Ministers, the State Prosecutor, etc. A pardon/ clemency means that although the prison sentence will end the person will still have a criminal record.

Financial penalties

The Slovenian authorities can waive any financial penalties attached to prison sentences imposed on foreigners, but please check about your particular case with your lawyer.

Transfer to another prison within Slovenia

If you have been tried and sentenced, the court decision will specify which prison you are going to go to. If you have been sentenced to one year and six months at least, you will likely be sent to the largest prison in Dob. If you have been sentenced to less than one year and six months, you may be going to any of the other remaining prisons, depending on the remaining capacity they have.

In Slovenia there are no specific prisons for foreigners. You might be sent back to the same prison where you were in detention, but it does not have to be that same one. Please note that the Embassy cannot ask the Slovenian authorities to send you to a particular prison.

Transfer to a prison in the UK

It is possible for British nationals to ask to be transferred to a UK prison. British nationals, who are prisoners in Slovenia, can apply for a prison transfer to serve the remainder of their sentence in the UK if all parties agree and all conditions are met.

Your family can see the conditions and other details in FCDO’s online The in prison abroad - transfer to a UK prison advice.

To transfer to the UK, you must:

• be a British national 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.

You can submit a request to be transferred to a UK prison to the court which decided in your case, and they will send all documents to the Slovenian Ministry of Justice. The Slovenian Ministry of Justice then sends your application for transfer to HMPPS (His Majesty’s Prison and Probation Service), who then need to agree the transfer with the Slovenian Ministry of Justice. If both sides agree then an arrangement is made for your transfer. Please note that your family or the embassy will not be told when exactly you will be transferred, for security reasons.

Release and deportation

When you finish serving your sentence in Slovenia, you are released from prison and are free to go. However, if the Slovenian Ministry of Interior Affairs (police) issues an expulsion order, you must leave Slovenia within the ordered period of time. If you fail to do so, Slovenian authorities may take you to the nearest border and you will get an invoice for expenses related to your expulsion. You would not be able to return to Slovenia before this invoice is paid. Long-term residents should be able to stay in the country at the end of their sentence, unless the court or the police also impose a ban from entering Slovenia.

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

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drug 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](https://www.prisonersabroad.org.uk/)
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH
UK

Email: [email protected]Website: www.prisonersabroad.org.uk

Glossary of terms

Useful legal terms

English	Slovene
Adjudication	Sodba
Administration of justice	Pravosodje
Appeal	Pritožba
Application	Prošnja
Application forms (prison)	Prijavni obrazec
Army	Vojska
Bar Association	Odvetniška zbornica
Blood test	Preiskava krvi
Charge	Obtožba
Police Officer	Policist
Chief Prosecutor	Glavni tožilec
Chief Public Prosecutor	Vrhovni tožilec
Civil party in criminal trial	Stranka v kazenskem postopku
Code of criminal procedure	Zakon o kazenskem postopku
Complaints system	Pritožbeni sistem
Completed file	Opravljen postopek
Compulsory prosecution	Pregon po službeni dolžnosti
Conjugal Visit	Družinski obisk
Court file reference	Referenca sodnega zapisa
Criminal code	Kazenski zakonik
Criminal Court	Kazensko sodišče
Criminal prosecution by victim	Kazenski pregon s strani žrtve
Custody hearing	Obravnava
Custody officer	Nadzornik v priporu
Custody order	Priporni nalog
Danger of interfering with the course of justice	Nevarnost vmešavanja v roko pravice
Danger of repeated criminal offences	Nevarnost ponovne kršitve
Deportation order	Izgon
Evaluation of evidence	Vrednotenje dokazov
Expert Witness	Strokovna priča
Extradition	Izročitev
Border Police	Mejna policija
Federal Office for the Protection of the Constitution	Ustavno sodišče
Police	Policija
Prosecutions Office	Državno tožilstvo
File	Postopek
Guilty	Kriv
High Court	Vrhovno sodišče
Higher Regional Court	Višje regionalno sodišče
Imprisonment after conviction	Kazen zapora po obsodbi
Interpreter	Tolmač
Investigative Judge	Preiskovalni sodnik
Judge	Sodnik
Judgement	Razsodba
Jurisdiction	Pristojnost
Juvenile prison rules	Pravila obnašanja v zaporu za mladoletnike
Law	Pravo; zakon
Lawyer	Odvetnik
Legal remedy	Pravno sredstvo
Local Bar Association	Lokalna odvetniška zbornica
Local prison rules	Lokalna pravila onbašanja v zaporu
Local State Court	Okrožno / okrajno sodišče
Major offence	Kaznivo dejanje
Minister of Justice	Ministrstvo za pravosodje
Minor offence	Prekršek
Notary	Notar
Officer of the Court	Uradnik na sodišču
Opposition	Oporekanje
Permit, entitlement	Dovoljenje; pravica
Personal money in prison	Osebni denar v zaporu
Physical examination	Telesni pregled
Plaintiff	Tožnik
Police Chief Inspector	Načelnik policije
Police Inspector	Policijski inšpektor
Power of Attorney	Pooblastilo
Preliminary detention	Predhodno pridržanje; pripor
Presiding Judge	Odločujoči sodnik
Presumption of innocence	Domneva nedolžnosti
Preventive detention	Preventivni pripor
Prison	Zapor
Prison administration	Uprava zapora
Prison Assessment Unit	Center za diagnostiko
Prison Director/ Warden	Direktor zapora
Prison house rules	Pravila obnašanja v zaporu / hišni red
Prison newspaper	Časopis
Prison rule book	Pravila obnašanja / hišni red v zaporu
Prison rules regarding supervised visit	Hišni red pri nadzorovanem obisku
Prison guard	Paznik
Prisoners	Zaporniki
Private prosecution	Pregon na osnovi zasebne tožbe
Procedural complaint against official	Pritožba proti uradniku
Proof of evidence	Dokaz
Proportionality	Sorazmernost
Prosecutor	Tožilec; državni tožilec
Public Prosecutor’s Office	Urad državnega tožilca
Punishment cell	Zaporna celica
Regional State Court	Okrožno / okrajno sodišče
Rehabilitation	Rehabilitacija
Release	Odpustiti
Release order	Nalog o odpustitvi
Remand rules	Priporna pravila
Representative of the Local Authority	Predstavnik lokalne oblasti
Secret Service	Obveščevalna služba
Security	Varnost
Single Judge	Sodnik posameznik
Small Police Station	Mala policijska postaja
Social Worker	Socialni delavec
Sufficient suspicion	Utemeljeni sum
Suspended sentence	Pogojna kazen
Temporary detention	Začasno pridržanje
The accused	Obtoženi
To buy	Kupiti
To change money	Zamenjati denar
To deport	Izgon
To file an application	Podati zahtevo
Transfer to another prison	Transfer v drugi zapor
Treason	Izdaja
Valid or legal	Veljavno / legalno
Visit	Obisk
Visiting permit	Dovoljenje za obisk
Warden	Direktor zapora

Key phrases: English into Slovenian

Alphabet	Slovenian example	Sounds like
a	avto ‘automobile’	apple
b	banka ‘bank’	box
c	center ‘centre’	hits
č	čaj ‘tea’	church
d	da ‘yes’	dog
e	euro ‘euro’	pet
f	foto ‘photo’	fat
g	grad ‘ castle’	got
h	hvala ‘thank you’	Scottish loch or Spanish jota
i	ime ‘name’	heat
j	jabolko ‘apple’	yes
k	kava ‘coffee’	kick
l	leteti ‘fly’	let
m	morje ‘sea’	mat
n	novice ‘newspaper’	net
o	oko ‘eye’	cot
p	policija ‘police’	pet
r	restavracija ‘restaurant’	rat
s	sneg ‘snow’	sit
š	šola ‘school’	shut
t	telefon ‘telephone’	ten
u	ulica ‘street’	shoot
v	voda ‘water’	van
z	zemlja ‘earth’	zebra
ž	žemlja ‘bun’	pleasure

BUREAUCRACY
Name	ime
Surname	priimek
Address	naslov
Date of birth	datum rojstva
Place of birth	kraj rojstva
Citizenship	državljanstvo
Age	starost
Male	moški
Female	ženski
Religion	veroizpoved
Profession	poklic
Marital status	zakonski stan
Single	samski
Married	poročen (m), poročena (f)
Divorced	ločen m, ločena f

EXTRA WORDS
Airplane	letalo
Ambulance	ambulanta
Baggage	prtljaga
Boat	čoln
Boarding pass	karta za vkrcanje
Border	meja
Bus	avtobus
Car	avto
Closed	zaprto
Currency	valuta
Customs	carina
Date	datum
Entrance	vhod
Exit	izhod
Lorry	tovornjak
No entry	prepovedan vhod
No smoking	prepovedano kajenje
Open	odprto
Passport	potni list
Railway	železnica
Reserved	rezervirano
Road	cesta, pot
Sign	znak
Station	postaja
Telephone	telefon
Timetable	vozni red
Town centre	mestno središče
Train	vlak
Visa	viza

FOOD (HRANA)
Apple	jabolko
Banana	banana
Beans	grah
Biscuits	piškoti
Bread	kruh
Cake	torta
Chicken	piščanec
Coffee	kava
Drink	pijača
Eat	jesti
Eggs	jajca
Fruit	sadje
Breakfast	zajtrk
Lunch	kosilo
Dinner/supper	večerja
Too much	preveč
Too little	premalo

QUICK REFERENCE
Good Morning	Dobro jutro
Good Afternoon	Dober dan
Good Night	Lahko noč
Day	Dan
Week	Teden
Month	Mesec
Monthly	Mesečno
Year	Leto
Today	Danes
Tomorrow	Jutri
Tonight	Danes zvečer
Baby	Dojenček
Boy	Deček
Child	Otrok
Father	Oče
Girl	Deklica
He	On
Her	Ona
His	Njegovo
Husband	Mož
Me	Jaz

NUMBERS (ŠTEVILA)
One	Ena
Two	Dva
Three	Tri
Four	Štiri
Five	Pet

HEALTHCARE (ZDRAVSTVO)
Aids	Aids
Alcoholism	Alkoholizem
Anaemia	Slabokrvnost
Anaesthetic	Anestezija
Antibiotic	Antibiotik
Antiseptic	Antiseptik
Appetite	Apetit
Bladder	Mehur
Blood	Kri
Blood group	Krvna skupina
Blood pressure	Krvni tlak
Blood transfusion	Transfuzija
Bone	Kost
Brain	Možgani
Cancer	Rak
Clinic	Klinika
Constipated	Zaprtje
Cough	Kašelj
Dentist	Zobozdravnik
Diarrhoea	Driska
Diet	Dieta
Drug medical	Zdravilo
Drug narcotic	Droga
Ear	Uho
Epidemic	Epidemija
Eye	Oko
Fever	Vročina
Flu	Gripa
Gall bladder	Žolč
Germs	Bakterije
Left hand	Leva roka
Right hand	Desna roka
Health	Zdravje
Heart attack	Srčni napad

ACCOMMODATION (NAMESTITEV)
Bathroom	Kopalnica
Bed	Postelja
Blanket	Odeja
Chair	Stol
Cold water	Hladna voda
Door	Vrata
Electricity	Elektrika
Mattress	Vzmetnica
Noisy	Hrupno

Annex

List of English Speaking Lawyers in Slovenia

Find a lawyer in Slovenia

List of Private Translators/Interpreters in Slovenia

FCDO leaflet: Support for British Nationals Abroad: Summary

FCDO guidance: Arrested abroad: advice for British nationals

FCDO leaflet: In Prison Abroad: Transfer to a UK Prison

Prisoners Abroad Forms:

https://www.prisonersabroad.org.uk/arrest-and-imprisonment

Prisoners Abroad Authorisation Form

Prisoners Abroad Family Contact Form