Guidance

Information pack for British nationals arrested or detained in Ukraine

Updated 9 April 2024

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.

This information pack aims to give you, and your family and friends, information about the local system in Ukraine 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.

Due to the Russian invasion of Ukraine, the Embassy is operating a limited diplomatic function from Kyiv and is not currently providing in-person consular assistance or consular services.

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.

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

Contact details for British Embassy in Ukraine:

British Embassy Kyiv
Consular Section
9 Desyatynna street
Kyiv, 01601, Ukraine

Telephone	+38 (044) 490 36 60
Fax	+38 (044) 490 36 62
Website	www.gov.uk/world/ukraine

You can also contact us via a web contact form

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your detention or arrest, we will aim to contact you as soon as possible, so that we can assess how we can help you. Then we will 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 the lists of local English-speaking lawyers and interpreters
• provide general information about the country, detention conditions, and the local legal system
• provide general information about the local remand or prison system
• keep in contact with you, either by visiting or by telephone / letter. The frequency of contact will depend on local conditions and your personal circumstances
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• 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 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

• 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 the 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 Ukraine.

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 and give you the lists of local English-speaking lawyers and interpreters. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal professional. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

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

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 Ukraine

Visits: friends and family

Relatives wishing to visit you in detention should obtain a permission either from the investigator / prosecutor or the court if you are in the remand centre, or from a prison director if you are imprisoned. Your lawyer or the Embassy could provide the contact details of the relevant authority to your family. We may advise the visitors on how to arrange a permission and how long they may expect to wait for the authority’s reply. The private lawyer may assist with arranging the visit. It is necessary to re-apply for each visit separately.

It is recommended to contact the local authorities or a lawyer to get information on visiting rules. Please note that visiting days / times and booking arrangements could differ in remands and prisons.

What can visitors expect?

The visiting regime depends on whether you are on remand or sentenced, the type and size of the facility, the number of detainees and the resources available to supervise visits.

Visitors will need to have an identity document and a visit permission issued by the relevant authority.

Visitors will be searched for security purposes. No objects are allowed to be taken into short-term visits. Visits are normally supervised by remand / prison staff.

What can visitors bring?

Visitors would need to contact the remand / prison authorities for the list of permitted items.

You are not allowed to receive any items, including documents and money, directly from your visitor during the course of a visit. All packages will be inspected before they are handed to you. Any prohibited items will be retained, and your visitor will be able to collect them at the end of the visit.

Visits: consular staff

Due to the Russian invasion of Ukraine, consular officials currently cannot visit you in a detention centre or prison.

If we become aware of any deterioration of your health or wellbeing, mistreatment or human rights violation, we will aim to get in touch with you, your legal representative and with relevant authority (subject to your consent) to check your welfare and clarify the situation.

You will have the opportunity to discuss any health issues, security concerns, language barrier and any other general issues that you may wish to raise. If there is any information you would prefer not to disclose to your family, please make this clear. Please be aware that we are unable to discuss or comment on anything concerning the trial or other legal matters. We are there for your health and welfare.

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

British Embassy Kyiv
Consular Section
9 Desyatynna Street
Kyiv, 01601
Ukraine

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

Emergency trips outside of prison

If an urgent situation arises (for example, funeral or critical illness of your next-of-kin), authorization for a trip outside of a detention facility should be sought from the respective authority in charge for your detention.

Arriving at the police station: your basic rights

In Ukraine a person can be detained by police or other state law enforcement body (e.g. border guards, security service). They should explain the reason of your detention / arrest, provide an interpreter if you do not understand the language spoken to you, and tell about your right to have an access to a lawyer. You have the right to make a phone call to your family or a lawyer.

You have the right not to provide any information about yourself and the members of your family, if you wish so, according to the rights established by the Constitution of Ukraine. You must be given a chance to meet with a lawyer before the first interrogation and be told about the right to prepare a written claim against illegal actions of the state bodies to be passed to the local court.

A suspect is held first in a police cell before being transferred to a temporary holding facility (in Ukrainian, ‘iзолятор тимчасового тримання’, ITT) supervised by the Ministry of Internal Affairs. According to Article 211 of the Criminal Procedural Code, a detainee should be released after 60 hours of detention if no charges are imposed. If the law enforcement body considers that they have enough information to start a criminal investigation, a suspect can then be held for up to 72 hours. Such detention has to be executed on the basis of a protocol indicating the circumstances of the detention and be signed by a detainee.

Under the Code on Administrative Offences, detainees may be held for up to 3 hours at a police station for an administrative violation. Administrative detention up to 15 days may be applied only as a punishment for an administrative violation.

You should be provided with drinking water and basic food. You can request medical assistance. An inventory of your belongings, including money and valuables, will be completed and put on file, all items will be stored at the facility where you will be held in custody.

Pre-trial detention

During pre-trial detention you will be brought before the court.

The court will assign a lawyer. You are entitled to hire another lawyer if you wish. A court translator will be present in the courtroom.

If the court rules to apply a preventive measure in the form of custody, you would be transferred to a remand centre (in Ukrainian – ‘слiдчий iзолятор’, SIZO) supervised by the Punishments Enforcement Department. The court decision on your custodial restraint may be appealed within 7 days from the date of its issue.

According to the Criminal Procedural Code, pre-trial detention should not exceed 60 days. In certain circumstances and with approval of the judge it can be prolonged to 6 or 12 months.

The case remains with the investigator who questions detainees, issues visit permissions and decides whether detainees can correspond and / or receive parcels.

Detention at SIZO could be for the duration of pre-trial and trial stages. At SIZO, you will not be entitled to make telephone calls. You will have one hour a day for a walk in the open air. For pregnant women, women with children, persons under 18 and sick people the open-air walking time can be prolonged to two hours a day.

Detention during trial period

You could expect a number of court hearings during the trial period. Your lawyer will present your case to the court, and you may be questioned and required to give report of the circumstances of your case. It is advised that you request for a meeting with your legal representative prior to the hearing to be able to go through your case and discuss important details. Please note that a court-appointed translator would be available only in the courtroom. Should you experience language barrier while communicating with your lawyer outside of the court premise, you could consider hiring a translator. Please note that hearings may be postponed.

If you plead guilty or are found guilty by the court, you will be convicted and the judge will pass sentence and decide on the prison type. The court decision will state your right to appeal. The time spent on remand in custody will count towards the sentence.

Read more information about the Ukrainian judicial system in Chapter 3.

Initial arrival at the prison

Once a prison sentence has come into force, you with your personal file and belongings will be transferred from a remand facility to a penal colony / prison.

Upon arrival at the prison, you will be searched. The inventory of your belongings will be made and put on file. The items not allowed to be kept (including money and other valuables) and any belongings in excess of permitted amount will be temporary confiscated by the prison authorities. You will not have any access to these until the time of your release. The prison authority will provide you with a uniform and basic toiletries.

You will have a medical examination. The results will be recorded in personal health record book. Any pre-existing health conditions and treatment can be discussed with the medical team as you will not be able to bring and use your own medicine. The medicine is normally supplied by the prison and it may be locally manufactured. The medicine may also be provided by your family / friends but only with a prior approval and under observation of the prison doctor.

You will undergo sanitation and be placed in a holding cell for infection control.

The prison authorities will explain you the internal regulations, including procedures regarding visitors, making calls, arranging clothes.

The prison authority will notify the Embassy of your arrival at the prison.

Prison: conditions and daily life

In Ukraine there are correctional facilities with different levels of security and living conditions. The conditions depend on the committed crime and the law provision under which the individual is sentenced.

You should be explained the regulations in place to raise your concerns. Keep your local lawyer / Embassy informed if prison authority does not follow your reported concerns. With your consent, your lawyer / Embassy consular staff will consider approaching prison administration with request to assist you in resolving the issue.

There is a social and psychological service available in prisons in order to promote prisoners’ adaptation to prison life and subsequent social reintegration. The staff there speak the local language and are unlikely to speak English or any other foreign language.

The living regime is regulated by the Rules on the internal order of penal institutions, approved by the Order of the Ministry of Justice of Ukraine No. 2186/5 as of 29 December 2014.

Accommodation

There are normally washbasins, electricity and running cold water in cells. Each prisoner is provided with a separate bed, a mattress, a pillow and a blanket. Cells are normally heated from October to April.

Many of the remand buildings are very old and not equipped with adequate sanitary facilities, ventilation or exercise yards. The most common complaints received by the local social research institutes about the living conditions are lack of light and fresh air, and inability to take a shower. Overcrowding is a problem in Ukrainian prisons so you cannot expect a single-person cell.

Your belongings and the cell where you are accommodated may be searched at any point.

Food and diet

The prison authorities provide three hot meals a day. There is access to tap water. The local social research institutes report the lack of adequate food, so prisoners will need to supplement their diet in order to remain in good health. They can buy food and bottled water from the prison shop with the money from their private prison account. The food can also be brought or sent by family / friends, although there could be restrictions that vary depending on a specific facility.

Hygiene

Facilities normally have running cold water but may or may not have hot water. There is usually a schedule to take hot showers at a prison facility. The shower facilities are communal. Conditions at shower stalls and toilets may vary depending on a specific facility and may be substandard at the older facilities.

Basic toiletries are normally provided by the prison administration and usually include a tooth brush, tooth paste, toilet paper, soap, shaving razors for men and hygienic supplies for women. Basic toiletries are also available at prison shops.

Work and study

Sentenced prisoners are required to work if they are fit to do so. If they agree, convicted prisoners whose sentences have not yet been confirmed may participate in work with the permission of the prosecutor or court. This work is paid and lasts eight hours per day with a break for lunch. Normally men are engaged in some sort of metal or woodwork and women in sewing.

There are opportunities to have general and professional education while being in prison.

Contact and languages

Communication with inmates and prison staff is subject to the type of prison facility and internal regulations. You may or may not be put in a cell with English–speaking inmates as it depends on the availability of space. Prison guards are not required to speak a foreign language. Some of them may have very basic English-language knowledge obtained as part of their secondary school education.

Prisons do not offer language classes for non-Ukrainian speaking inmates.

Each prison has a library, where books and newspapers are available in the local language. At your request we will try to deliver books and magazines in English. You may also ask your family and friends to send you books and newspapers. You can request reading and local language materials (including language textbooks and dictionaries) through the post from Prisoners Abroad.

Exercise

In colonies, prisoners are permitted to go outdoors within the territory of detention facilities and move around during the day: to / from work in a group accompanied by guards, or unaccompanied during their free time. Prisoners are not allowed to leave their cells at night.

Movement around premises is restricted for prisoners subjected to disciplinary actions, those in special colonies and colonies under strict regimes. You will be allowed an hour long walk at a specially designated outdoor area.

Depending on their type, regime and infrastructure, prisons may have sports facilities and organize regular group exercises for inmates.

Climate

In Ukraine temperature varies from 25-35°C in summer to -10°C (-20°C max) in winter. During spring and autumn, the daytime temperatures range between 8°C and 17°C. The prison authorities should provide clothing appropriate for the weather.

Religion

You are free to take part in religious services of your choice or refrain from any religious activities. You may request prison authorities for the regulations in place with respect to religious services and visits from a priest, rabbi or minister of your faith.

Rules and regulations

General rules and regulations of the facility are normally explained to prisoners upon their arrival.

Good behaviour, showing willingness to fit in, taking part in cultural and social activities, and practising the local language are seen positively by the prison authorities. Rewarding systems are usually in place at most facilities.

Certain negative behaviours, for instance, non-compliance, abusing or insulting staff or other inmates, may entail punishment.

In case you have concerns over your safety or wellbeing, you have the right to raise this with the prison authority, your lawyer and consular staff.

Drugs are strictly forbidden. If you are caught in possession of any illegal substances, you will be subject to disciplinary actions. If you have a problem with drug dependency, you should discuss this with the prison doctor.

Prison: access to help and services

Receiving money

There are two 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

Your family or friends can arrange the money transfer directly to the prison. The information on procedure is normally available on the prison website (in Ukrainian), however you can request it in writing or advise your family to contact the prison administration office seeking clarification regarding international money transfer.

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. 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 Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials, vitamins and some medical care if you are not receiving regular donations from other sources.

Medical and Dental treatment

While you are detained, Ukraine is responsible for ensuring your basic medical needs are met.

There is no provision in Ukrainian law for detainees to be given access to medical care routinely. You might need to have an appointment to see medical staff and/or receive medical services. In case you need specialist examination or treatment, a prison doctor would need to make referrals to the local state hospital or a specialist. Private healthcare providers are not accessible for prisoners.

In case there is an emergency, you need to notify the guards immediately.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of a prison doctor. We can also contact your GP in the UK, if a prison doctor requests previous medical records. Please note that the consular colleagues cannot advise on medical issues, make arrangements for medical treatment or request for specialist examinations.

Letters and parcels

Prisoners are allowed to receive letters and packages including from abroad from their prison-approved contacts only. You would need to request the prison authority in writing for permission to send and receive letters and parcels, listing all the family members or acquaintances you wish to keep in touch with.

Please note that the prison authorities can open all letters and parcels to check their contents, unless the letter is between you and consular officials, Ukrainian authorities or international organisations which Ukraine is a member to. Delivery / dispatch of letters written in a language other than Ukrainian may be delayed due to the time required for translation.

Each facility has its own mail / parcel policy and procedures, therefore we recommend asking the prison administration for information, including mailing address and restrictions in place.

Telephone calls

Prisoners are allowed to make calls at their expense. The number and frequency of telephone calls is determined by prison internal rules. Calls may be monitored by the prison authority.

Access to mobile phones is officially prohibited, though you will be able to use designated prison landlines. For every call, you will need to submit a written request to the prison authority specifying the telephone number and details of the person you want to call and the language to be spoken during the call. Once the permission is granted, a call can be made. Depending on the specific prison’s technical capacity, calls may or may not be limited to domestic numbers within the country. Normally, you should be able to call the British Embassy in Ukraine.

Making a complaint about mistreatment

You may need to check information on the procedure for registering a complaint about mistreatment with prison authorities.

If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Should you have not been treated in line with internationally accepted standards and would like to raise an allegation of mistreatment, please consider reporting an issue to prison authorities and / or your lawyer.

If you have not reported your allegations to prison authorities and / or your lawyer, inform Consular staff as soon as it is safe for you to do so. We will then do our best to check on your welfare and discuss the allegations. Then with your permission, and where appropriate, we will consider approaching the local authorities.

Chapter 3: the Ukrainian judicial system

Overview

The judicial system of Ukraine differs from the system in the UK.

The Ukrainian judicial system, consisting of courts of general jurisdiction and the Constitutional Court of Ukraine, exercises independent judicial power in Ukraine and operates under a set of codes e.g. criminal, tax, civil, family etc.

The prison system operates within the following legislative framework: Criminal Code, Criminal Procedural Code and Criminal Executive Code.

Below is the general overview of the current judicial system in Ukraine:

• the Constitutional Court is the highest and only judicial body of constitutional jurisdiction. It has exclusive jurisdiction over interpretation of the Constitution and acts as final arbiter on assessing the constitutionality of laws and regulations. The Constitutional Court is comprised of eighteen judges, appointed in equal proportions by the President, the Parliament and the Congress of Judges of Ukraine

• the courts of general jurisdiction are organised according to the principles of territoriality and specialisation and include three instances: local courts, appeal courts and the Supreme Court consisting of specialised cassation courts

• local courts consist of common courts and specialised courts (i.e., commercial and administrative). Local common courts adjudicate civil, criminal and administrative cases. Local commercial courts exercise jurisdiction over disputes arising out of commercial and corporate relations, while local administrative courts administer justice in disputes connected with legal relations in the area of state and municipal governance, except for those assigned to the jurisdiction of local common courts

• the appeal courts of first instance are composed of the appellate courts of general jurisdiction (having competence over civil cases, criminal cases and cases on administrative violations), appellate commercial courts and appellate administrative courts

• cassation supervision is carried out by the relevant cassation specialised court in the structure of the Supreme Court

• the Supreme Court consists of five chambers: the Cassation Civil Court, the Cassation Criminal Court (both acting as the cassation instance court for cases resolved by the local and the appellate common courts), the Cassation Commercial Court (for cases resolved by the local and the appellate commercial courts), the Cassation Administrative Court (for cases resolved by the local and the appellate administrative courts) and the Grand Chamber of the Supreme Court (responsible for the uniform application of legislation by the cassation courts and acting as the appellate instance court in cases considered by the Supreme Court as the first instance court)

Each cassation court consists of separate chambers specialising in specific categories of cases.

Comprehensive information on the Ukrainian judicial system can be requested from your lawyer.

The FCDO cannot interfere with the Ukrainian 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. Please note that consular staff are not legally trained; therefore, they cannot advise on cases, review case documentation, or appoint a private lawyer on your behalf.

Trial and legal assistance

Legal assistance: lawyers and legal aid

Article 20 of the Criminal Procedural Code of Ukraine states that detainees have the right to legal defence and that investigator, prosecutor, investigating judge and court have the obligation to make them aware of this right. The suspects have the right not to make any statements until their lawyer is present. The law also states that, when these provisions are violated, the information received from such suspect without a lawyer present will be deemed illegal.

According to Article 52 of the Criminal Procedural Code of Ukraine, the presence of a lawyer is obligatory in the following cases:

• a person is accused of committing an especially severe crime
• a person suspected or accused of committing a crime is under the age of 18
• the use of compulsory educational measures for those under 18
• the use of compulsory psychiatric treatment and custody
• a person involved in criminal proceedings cannot fully exercise their rights due to mental or physical disability (e.g. being dumb, deaf, blind)
• a person involved in criminal proceedings does not speak the language of the criminal proceedings

If you have any questions on the legal aspects of your arrest, contact your lawyer. A lawyer has the right to be present during all procedural stages of the criminal proceedings and will know exactly how everything works and what options are available.

Under the Ukrainian legal system, if you are unable to pay for legal representation you will be provided with a lawyer free of charge (name and contact details will be informed by the investigator). If you are not satisfied with the appointed lawyer, you may request their substitution.

If you wish to hire a private lawyer, you can do it at any time after your arrest. Privately engaged lawyers will require payment for their services and might ask for advance fees before they will take on your case. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

Bail

The Criminal Procedural Code of Ukraine provides the option to be released on bail.

The possibility of bail depends on the nature and severity of a crime. Bail is granted at the discretion of the court. Each application is considered on its merits. Release on bail is not a common practice in Ukraine, especially in cases involving foreign nationals.

Bail funds need to be deposited into a court / investigating authority bank account. The authority then issues a formal statement confirming the receipt of funds.

The FCDO can assist you with contacting friends and family who may be willing to help with raising bail. The FCDO cannot transfer bail funds.

The court may lay down certain bail conditions, including a prohibition to drive, enter / leave certain areas, meet certain people, use internet, send / receive mail, etc. If you fail to adhere to your bail conditions, the assets / funds provided as bail will be transferred as income to the state budget by a separate court decision. In case of a closure of the criminal case by court, the bail is returned to the bail-maker.

Appeals

After the sentence has been pronounced, you may be permitted to lodge an appeal. You or your lawyer would need to pass on your appeal to the Head of the remand centre (SIZO). The remand will forward your appeal to the relevant first instance court and a judge there would send it on to the appeal court for their consideration within three days.

Reaching the end of your sentence

Reduction of sentence (remission)

Some sentenced prisoners may be granted remission (reduction in the length of a sentence) as an incentive to, or reward for, good behaviour and attitude towards work. Remission is subject to the court’s approval on the basis of the records provided by the sentenced person or their attorney and the administration of the prison, depends on the sentence and is granted progressively. According to Article 81 of the Criminal Code of Ukraine, remission may be applied after the actual serving of no less than:

• half of the sentence established by a court for a crime of petty or average gravity and for a severe crime caused by negligence
• two-thirds of the sentence for an intentional severe crime or especially severe crime caused by negligence, as well as if an individual previously served a sentence in the form of imprisonment for an intentional crime and, prior to the end of the sentence or cancellation of the conviction, once more committed an intentional crime for which such individual was imprisoned
• three-quarters of the sentence for an intentional especially severe crime as well as the sentence established for an individual who had previously received a conditional release and once again committed an intentional crime during the term of their sentence that was not served

Clemency / pardon

Clemency can be granted to reduce a penalty for a particular criminal offence without clearing the person’s criminal history. A pardon may be granted by a president and allows a person to be relieved of some or all of the legal consequences resulting from a criminal conviction in cases provided by the Criminal Code of Ukraine.

This is a rare occurrence and would need to be explored with legal assistance.

Transfer to another prison within Ukraine

Your lawyer will be best placed to advise you on prison transfer possibility within Ukraine.

Transfer to a prison in the UK

You can apply for transfer to a prison in the United Kingdom to serve the remainder of your sentence there under the Council of Europe Convention on the Transfer of Sentenced Persons (CECTSP). The Ministry of Justice of Ukraine is responsible for the execution of the provisions of the Convention on the Transfer of Sentenced Persons.

You do not have an automatic right to transfer. Each request is considered on its individual merits.

The basic criteria for eligibility to apply for transfer are:

• you are a British citizen and you have close ties with the UK
• a verdict has already come into legal force, that us. you are not awaiting trial or a decision on an appeal
• you must normally have at least 6 months to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties
• the offence for which you were convicted is also a criminal offence in the part of the UK you wish to be transferred to

You would need to make your transfer application to the prison authorities.

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.

When the Ukrainian authorities receive agreement and conditions of your sentence from the UK authorities and agree to those, they will provide you with the relevant information and ask for your written consent to the transfer. If you agree, the relevant travel and transfer arrangements will be made.

The Additional Protocol to the CECTSP (came into force in the UK in November 2009) provides for the transfer of a sentenced person without their consent only when:

• the sentenced person would be subject to deportation at the end of their sentence
• the sentenced person has fled to another signatory state of which they are a national (this means that the sentencing state can request the enforcement of the sentence to be transferred)

The length of time to consider transfer varies from case to case. It is important that you understand this not to be over optimistic about a speedy transfer.

To date, no transfers of British nationals to the UK have been requested and therefore it is not known how the Ukrainian authorities will process transfer request.

Release and deportation

There is no compulsory deportation of prisoners once they complete their sentence. You may wish to stay in Ukraine or return to the UK or the country of your habitual residence.

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 take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell your consular official 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 Aftercare Service can help with:

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

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

Other sources of practical help back in the UK are:

The Salvation Army UK Helpline +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 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 was 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 while 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

Contact details for Prisoners Abroad:

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Freephone: 0808 172 0098 / standard rate 00 44 (0)20 7561 6820

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

Glossary of terms

Useful legal terms

Accused – a person charged with a criminal offence

Accusation statement – in initial proceedings a statement containing details of the suspect and the crime of which the person is accused, and legal grounds are issued by the Police or the Public Prosecutors Office to the suspect

Advocate – a qualified lawyer who under the local law is authorised to act in criminal cases

Allegation – a claim or accusation that has been made but not yet proved

Amnesty – an official pardon granted to a group of individuals charged with political offences

Appeal – an opportunity to dispute a decision made by court (either on guilt or on sentence) by asking a higher court to review it. This can result in the decision being overturned or changed

Arrested – a person who remains in custody on the grounds of a custodial order for a temporary arrest issued by the court

Bail – a temporary release from police custody or from prison of a person accused of a crime and awaiting trial

Charge – a formal accusation made by a governmental authority asserting that somebody has committed a crime

Clemency – an act of reducing or moderating the severity of a punishment imposed upon an offender

Convict – a person declared guilty of a criminal offence by the verdict of a jury or the decision of a judge and sentenced by a court

Court of first instance – a lower court where a trial is initially heard

Detained – a person held in custody by the police, for example. at a police station, without a temporary arrest order

Guilty – a verdict that means it has been proved beyond reasonable doubt that the accused committed a crime or part of a crime; the judge then considers any sentence or punishment

Hearing – any part of a trial that takes place in a court

Indictment – a court document that sets out the charges against the accused

Judge – an expert in law who is in charge of all court proceedings and ensures legal rules are followed

Judgement – a decision on a case provided by a judge or jury in a court

Lawyer – a person whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters

Offender – a person who has plead guilty or been found guilty of an offence

Pardon – a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction

Parole – when a long-term prisoner is released before the end of a sentence, subject to a licence. The offender is still under supervision and can be recalled to prison

Prison – a place for the confinement and punishment of persons convicted of crimes

Remand / remanded in custody – a preventive detention until the verdict is announced

Sentence – a punishment assigned to a defendant found guilty by a court

Suspect – a person to whom an accusation statement has been issued during initial proceedings

Trial – a legal action in a criminal court case

Undertaking – a document signed by someone who has been arrested and released on police bail after promising to come to court at a later date and agreeing to certain conditions, such as not committing any other crimes

Verdict – a decision reached at the end of a trial – guilty, not guilty and not proven

Key phrases – English into Ukrainian

Border guards – Prykordonna okhorona

Customs officials – Predstavnyky mytnytsi

Police – Politsia

Prosecutor – Prokuror, obvynuvachuvach

Prosecutor’s office – Prokuratura

Court – Sud

Court of first instance – Sud pershoyi instantsii

Attorney – Advokat / zakhysnyk

Lawyer – Yuryst

Code of Criminal Procedure – Kryminalno-protsessualny Kodeks

Criminal Code – Kryminalnyi Kodeks

Accusation statement / Charges / Indictment – Obvynuvachennya

Accused person – Obvynuvachenyi

Appeal – Apelyatsiya

Arrest – Aresht

Arrestee – Areshtovanyi

Bail – Zastava

Case – Sprava

Charged – Pidsudnyi

Convict – Zasudzhenyi

Defendant – Vidpovidach

Detainee / detained – Zatrymanyi

Detention – Zatrymannya

Investigation – Slidstvo

Preliminary investigation – Poperednye slidstvo

Investigation period extension – Podovzhennya terminu slidstv a

Inquiry stage – Diznannya

Judge – Suddya

Judgement – Sydove rishennya / vyrok

Offender – Zlochynets, pravoporushnyk

Plaintiff – Pozyvach

Prison – V’yaznytsya

Prisoner – V’yazen’

Search – Obshuk

Sentence – Vyrok / pokarannya

Suspect – Pidozryuvanyi

Translator, interpreter – Perekladach

Trial – Sudovyi rozglyad

Victim – Poterpilyi

Witness – Svidok

Witness not present at trial – Neyavka svidka

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