Guidance

Information pack for British prisoners in the United States of America

Updated 6 June 2023

1. Introduction

1.1 Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

1.2 About the Embassy and our Consulates

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

We can answer questions about your welfare and about prison regulations, but you must ask your lawyer or the court about legal matters. If you don’t have a lawyer, a list of Bar Associations is included with this pack, but neither His Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this pack is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

1.3 Who are the Consular Representatives?

There are consular representatives at the British Embassy in Washington and Consulates throughout the United States of America. Details of the representative assigned to assist you are shown in the covering letter accompanying this pack.

1.4 Contact Information

You can write to us at the address shown on the covering letter, a telephone number is also provided if you need to speak to us urgently (this operates between the hours of 9am to noon and 1pm to 3pm, Monday to Friday, eastern and pacific time).

If your family or friends need to speak to us, they can contact us as follows:

For family/friends in the UK:

Foreign, Commonwealth & Development Office

Contact/telephone details available at: https://gov.uk/fcdo

For family/friends in the USA:

British Consular Services

Contact/telephone details available at: https://gov.uk/world/usa

2. First steps

2.1 Who will know I have been detained?

The United Kingdom is a ‘mandatory notification country’ in the United States of America so the nearest British Embassy or Consulate should automatically be informed of your detention by the detaining authority regardless of whether or not you request this. This applies whether you are detained by local, state or federal law enforcement authorities. You should also be given the opportunity to make a phone call upon arrest.

2.2 What will my family be told?

Consular officers won’t pass any information to your family or friends without your permission. If you want us to, we can notify family in the UK or elsewhere about your detention.

2.3 What will the Consulate do?

Our role is primarily to look after your welfare while you are detained. Consular representatives are there to support you. We aim to be sensitive and non-judgemental. We also aim to treat all prisoners the same, no matter what crime you are detained for or whether you are on remand or have been sentenced.

After being notified of your arrest in the USA, we will:

• attempt to reach you by telephone to assess vulnerability and outline the assistance we offer, and will follow up in writing within 5 working days. When we are unable to make contact by telephone, we will write to you and provide a prisoner pack within 48 hours of notification
• if requested, visit you once before and once after sentencing. Any additional circumstances (eg, serious medical issues) will be assessed by your case manager and may warrant additional visits as necessary
• give you information about the local legal system, including whether a legal aid scheme is available and about prosecution, remand, bail and appeal procedures
• provide details of the local Bar Associations to help you find legal advice. It is important to consider carefully whether you want legal representation and to discuss all costs beforehand. We cannot pay for them
• outline the prison system, including where to get information on visiting arrangements, mail and censorship, privileges, work possibilities and social and welfare services
• put you in touch with a prisoners’ welfare charity called Prisoners Abroad; and
• tell your family and friends, if you want us to, that you have been arrested. If you are thinking about not telling your family, please consider the distress it may cause them if they do not know your whereabouts. It can also be a disadvantage to you if you need money for anything in prison or fall ill

Neither the Government nor the relevant British Embassy, High Commission or Consulate can make any guarantee in relation to the professional ability or character of any person or company on the list, nor can they be held responsible in any way for you relying on any advice you are given.

2.4 Would I have a criminal record in the UK?

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

3. Visits

3.1 How do my family and friends arrange a visit?

There are large number of jails and prison facilities in the USA and the visiting policies vary amongst them. It can also depend on your security classification and the offence for which you have been detained. Most facilities have websites that outline their visitation rules and a quick internet search by friends and families should bring up the answer.

If you are detained, you will likely be given an inmate handbook outlining local procedures and visitation information. In most cases, friends and family will need to be listed as approved visitors on your file. Your classifications officer can arrange this at the facility.

3.2 How many visits am I allowed?

This varies depending on the facility. Check with your classifications officer at the facility and they will advise. Consular visits do not count towards your allocation of visits.

3.3 Consular visits

We will visit you once before and once after sentencing, if requested. Any additional circumstances (eg, serious medical concerns) will be assessed by the case manager and may warrant additional visits as necessary. For the first visit, we aim to visit within 15 days of your request if we consider that you are vulnerable, or within three months if not. Once sentenced, and if requested by you, we aim to visit within three months.

3.4 What can visitors bring?

Visitors are generally not permitted to pass anything to detainees during visits, although each facility is different. You should check your inmate induction pack or speak with your classifications officer if you are in doubt. Your visitors should make sure that they have the appropriate form of identification when they come for a visit and dress appropriately. Facility websites will provide information for visitors.

4. Prison conditions/services

4.1 Arrival at police station

Upon arrest, you will be taken to a processing center or local jail to be booked into the system. You will be searched. Your personal details (name, date of birth, place of birth, address etc) will be recorded. You will have your photo (“mug shot”) taken as well as your fingerprints. In some places you will have DNA taken and this could be in the form of a mouth swab.

Your property will be bagged and kept in storage with a full list of items recorded ready for when you are released. In many jails, you will be made to change into a jail uniform and your personal clothes will be kept in storage with your property.

You should be informed that as you are a British National, the British Embassy/Consulate will be informed of your detention. Some facilities will allow you to make a call to us at this stage. You should be given the opportunity to call a friend or family member.

Once you are checked in, the process varies depending on the facility, but you may be taken to see the medical unit before being taken to the cells or the dormitory.

4.2 Arrival at prison

Detainees generally remain in county jail until they are convicted, when they are usually transferred to a state prison, or released, if found innocent. Federal offenders are detained in federal facilities but the process is much the same. When you arrive at prison, the booking in process is similar to that of a jail. Often, new inmates are segregated for a period of time to allow behaviour assessments which can influence where you will be assigned. You should be provided with an inmate handbook and be given the name of your classifications officer and how to contact them.

4.3 General prison conditions

This varies between facilities but as a general rule facilities in the USA are comparable to prison facilities in the United Kingdom.

4.4 How can I receive money?

Transferring money to detainees in the USA can be a complicated process. If you are having difficulties doing so please contact your case officer in the FCDO for detailed guidance on how to send funds to your specific facility.

4.5 Can I work or study in prison?

If you meet the eligibility requirements, most prisons offer work and study options (but inmates in segregation for disciplinary offences or those sentenced to death, may not be entitled to work or study). Often, there is a waiting list for work positions due to high demand by inmates. Types of work and study available vary depending on the facility. Wages can be $1 per day, or higher.

4.6 Can I receive medical and dental treatment?

Health care is provided for offenders who have medical, dental, psychiatric and psychological problems. Also, physically handicapped offenders receive services through Assistive Disability Services (ADS). Your health needs will be assessed when entering prison. Basic medical services including emergency care, sick call and ongoing care for chronic illness are usually offered at each unit. Licensed medical professionals provide health care.

If you need special care you may be sent to a unit which provides the specific service needed. If you need hospital care you may be sent to a hospital which serves your particular facility. In some states, if inmates initiate a health services visit they will be charged an annual fee (eg, $100), unless indigent. The fee covers health care visits that inmates request for one year and will be deducted from their Trust Fund (“commissariat account”). You will be provided access to health care services regardless of your ability to pay this fee.

As a general rule, the following health care visits are exempt from being charged a fee:

• an emergency or life-threatening situation
• follow-up services recommended by the health care staff
• chronic care (including communicable diseases such as HIV, AIDS and TB)
• prenatal care
• health screening and evaluations related to the diagnostic and reception process; or
• health care services necessary to comply with state law and regulations

4.7 Food and diet

You will be provided with three meals a day that meet nutritional requirements. Certain facilities can cater to specific menus – eg, no pork, no meat, religious diet, low fat/ low sodium. You can supplement food with items purchased at the commissary at your own cost.

4.8 Mail/parcels

Your inmate handbook will give information on what mail and parcels you can receive and any restrictions that apply (eg no staples). Details should also be available on the facility website. You will be able to buy stamps and writing paper in the commissary. Often, indigent offenders (or those with less than $5 in their trust fund) may request correspondence supplies. Rules for getting postage stamps or paper vary by facility.

4.9 Can I make telephone calls?

Your inmate handbook will give information on the telephone services available at your facility. You may need to purchase a telephone card and/or register the numbers you intend to call.

4.10 Leisure and entertainment

The access to recreation time varies according to the facility and your security level but you should be offered some access to recreation in all locations. The opportunity to join in leisure facilities (hobby classes, art and music groups etc) varies by facility and will be in your inmate handbook.

4.11 Drugs

You are not permitted to have or consume illegal substances in any USA incarceration facility. If found in possession of contraband drugs, you will be punished.

4.12 How can I make a complaint about mistreatment?

If you have been tortured or mistreated, please 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 inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

5. The United States of America Judicial System

5.1 Is the system the same as the UK?

The USA system is similar to the UK although some states in the USA still retain the death penalty, which has been abolished in the UK. The US criminal justice system is made up of three main components:

• law enforcement: who investigate the crime
• courts: after arrest, the defendant is charged and brought into the court system to have their case heard
• corrections: if a defendant is convicted, they may go into the corrections system; jail or prison

When you are charged with a crime you are legally innocent until proven guilty by the prosecution, however this doesn’t mean that you will always be released from custody before trial. You could be remanded (held in detention) until trial.

Crimes have varying levels of severity - they may be classified as a misdemeanour (less serious) or felony (more serious). The two most severe felony types are known as capital felony and life felony. Life felony is reserved for very serious crimes such as murder, rape & human trafficking and carries a natural life prison term (without the possibility of parole). Capital felonies are even more serious and are only used in certain states. The punishment for capital felonies is death.

5.2 What should happen when I am arrested?

The right to a speedy trial is guaranteed to criminal defendants by the sixth amendment to the US Constitution. A “speedy trial” basically means that you must be tried for the alleged crimes within a reasonable time after being arrested. Although you cannot be held without formal charges for an unreasonable amount of time, the Constitution does not spell out what this time is. Instead, these are typically set forth by state law, and the time period differs from state to state.

As a general rule, however, if you are placed in custody, your “speedy trial” rights typically require the prosecutor to decide within 72 hours which charges, if any, will be filed. Many states adhere to this 72-hour limit.

After arrest, a prosecutor will review your case before making an independent decision as to what charges should be filed; they are not bound by the initial charging decision, but may later change the charged crimes once more evidence is obtained. If the prosecutor doesn’t bring charges within the time limit, then the police/jail have to let you go. A failure to do that may be a violation of your rights.

If you are detained, but not booked within a reasonable period of time, your attorney may go to a judge and obtain a writ of habeas corpus. A writ of habeas corpus is an order issued by the court instructing the police/jail to bring you before the court so that a judge may decide if you are being lawfully held.

5.3 For how long can I be remanded in custody?

This depends on whether you have been charged. If not, 72 hours is generally the time you can be remanded before the police/jail should release you. However, once charged, and if you do not post bond/bail, you can remain in custody up until your trial date.

5.4 What happens when I am charged?

After you have been charged and booked in, you will be scheduled for arraignment, which is a formal reading of a criminal complaint informing you of the charges against you. Arraignments often take 2-6 weeks to be scheduled from the date of arrest.

At arraignment you are expected to enter a plea. Acceptable pleas vary, but they generally include “guilty”, “not guilty”, and “no contest”. If you plead “not guilty” the case will be scheduled for trial. If you plead “guilty” you may be sentenced immediately or brought back to court at a later date for sentencing. Pleading “no contest/nolo contendere” means you admit no guilt, but the court can determine the punishment.

The state may offer you a plea agreement/plea bargain, to avoid trial. This is very common in the US and research estimates that 90% of all criminal cases are plea bargained. Defendants can enter into plea bargains by which they give up the right to go to trial, and agree to be convicted. You should be guided by your lawyer on the implications of accepting a plea bargain.

5.5 What provision is there for bail?

In many cases, the law allows you to be released from jail before a trial if you promise to appear in court when required. This promise is called “bail” or “bond”. Before the judge makes the decision whether to offer bail they may hold an initial hearing (often called the ‘first appearance’) where you will learn more about your rights and be formally charged; this normally happens within approximately two days of arrest. If you cannot “post bail” (pay the money) then the judge will order you remanded to jail until after the trial.

If you have a ‘hold’ or ‘detainer’ placed on you from another state/county or agency (such as immigration) you probably will not be released even if the full amount of the bail is paid. This is because the agency that placed the hold has the final determination on whether you are released.

To be released on bail you must put up money as a guarantee that you will continue to show up for all the court proceedings. Money can be deposited through the jail or through a bail bond agent (a private company licensed by the state) they often charge 10% of the bail amount to assist. Restrictions may be placed on you if you bond from custody, including restrictions on travel.

If you are a tourist in the US you won’t have the right to work so will need to have the financial resources to care for yourself while your case is being heard. If you can’t afford to do this and your family can’t assist you, you may wish to consider returning to jail. If you don’t appear in court as required, a warrant will be issued for your arrest and any bond money will be forfeited. US arrest warrants do not expire.

5.6 What kind of legal assistance is available?

If you can’t afford to hire a private lawyer the court can appoint a government-paid lawyer called a “public defender” to represent you. Public defenders are often assigned at arraignment, – this may be the first time you meet your attorney and you might only speak for a few minutes – this is quite common.

In order to be assigned a public defender you will have to convince the judge that you can’t afford to hire a lawyer. The judge will ask you to fill out a form detailing your financial resources, assets, income and debts. You may also need to provide the court with documentation such as paystubs to prove your income level.

5.7 What happens at the trial?

A trial is a structured process where the facts of a case are presented to a jury in a court of law and they decide if you are guilty or not guilty. It can take a long time for cases to be brought to trial – if the charge is serious it is not unusual for it to take more than 18 months for cases to go to trial; you may remain in jail while you wait for a court date. Depending on the court, you may be sentenced immediately, or may return to court several weeks later to be sentenced.

Criminal cases generally fall into one of three different jurisdictional categories:

1. Federal: Federal charges normally involve a crime that “crossed” state lines (physically, electronically or otherwise), such as drug trafficking or money laundering. The arrests are often made by the FBI (Federal Bureau of Investigations), DEA (Drugs Enforcement Administration) or another federal agency. You are generally detained by the US Marshal’s Service and the court case is heard in the federal district courts. Pre-trial you will be detained at a county jail where the federal authorities rent beds, or at a federal detention centre. After sentencing you may be transferred to a federal detention facility anywhere in the United States. Your family and friends can track your location using the federal bureau of prisons website.

2. State: Most US states operate their own prison system which are often sub-divided into major institutions, annexes, work camps, work release centres, and road prisons throughout the region. States will often have their own terms for detention facilities and each can be different. You will be classified into these different facilities based on your needs and your custody (security risk). You can often be transferred to another facility anywhere within the state for reasons such as overcrowding or gang activity. State prisons may be operated by private corporations.

3. County: County inmates are held at a county jail/detention centre/corrections department (these terms are interchangeable but vary across the US) and your case is heard in the court of the relevant county. Jails may be operated by the county’s sheriff’s office or by a private corporation.

5.8 What happens with juveniles?

Juvenile cases are handled by a specialised department that only handle minors. This department also operates a courts system, but these don’t always follow the county court pattern. Juvenile detention is usually a short-term temporary program. Juvenile offenders who require long-term sanctions and rehabilitation are placed into non-residential or residential correctional programs. Two types of detention are available for juveniles:

Those in secure detention have been assessed as risks to public safety and must remain in a physically secure detention centre while awaiting court proceedings. They normally appear before the court within 24-hours of placement, at which time the judge decides whether there is a need for continued detention.

Generally there is a 21-day limit to secure detention, but those charged with serious offenses can be held up to 30-days. Serious juvenile offenders also can be held in secure detention while awaiting placement in a residential corrections facility. While at a residential facility, the youth will continue their schooling in a secure environment. Juveniles are normally initially detained at a juvenile assessment centre (JAC) before release to a parent/guardian. If continued detention is required, they are moved to a juvenile detention centre (JDC).

Those on home detention status are released to their parent(s)/guardian(s). Both youth and parents sign a home detention agreement. This agreement stipulates the conditions of home detention which the youth must follow, i.e., mandatory school attendance and curfew. Juvenile cases use different language than adult cases. Juvenile defendants aren’t arrested; they’re taken into custody for committing a “delinquent act” (which would be called a “crime” in the adult system). In the juvenile justice system defendants don’t have a trial; instead, there’s an “adjudication” in front of a judge. If the judge determines that the juvenile committed the act, they’re adjudicated “delinquent” rather than being found guilty.

6. Sentences

If you are sentenced to 365-days or less you will normally serve your sentence in a county jail. If you are sentenced to 366-days or more you will serve your time in a state or federal prison – depending on the type of conviction you have.

6.1 How can appeals be made?

The final judgment of a lower court can be appealed to the next higher court once only. The total number of appeals depends on how many courts are “superior” to the court that made the contested decision. There are important differences in the rules, time limits, costs, and procedures depending on whether the case is in federal court or state court (each state has its own rules).

Filing a “notice of appeal” is the first step in the appeal process. An appellate court cannot adjudicate a case if the notice is not properly filed in a timely manner. The notice must be filed within a definite time, usually 30 days in civil appeals and 10 days in criminal appeals. The period within which to file usually starts on the date a final judgment in the lower court is filed. You should discuss this with your legal team if you intend to appeal.

An appeal is automatically filed on behalf of prisoners convicted of capital felony crimes (eg, sentenced to death).

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

This varies by state. The offender inmate handbook and law library at your facility will have further information.

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

Parole is a privilege, not a right. Parole is the discretionary and conditional release of an eligible offender from physical custody of a jail or prison if s/he agrees to serve the remainder of her/his sentence under the supervision of the Parole Division. Parole eligibility requirements vary from state to state and the crimes for which you have been convicted. The inmate handbook should have detailed information and you should also be able to locate this information at the law library in the facility.

As a British national, you may have an immigration hold on your file which means you will be detained by the US Immigration and Customs Enforcement Agency (ICE) once you complete your criminal sentence to face deportation proceedings. You may be moved to a detention facility anywhere in the USA either in an immigration detention facility, or a county jail where ICE rents bed space. This applies regardless of how long you have been in the US, have a green card, or have family in the USA. If you are unsuccessful you may have to wait a year or more before re-applying.

6.4 What provision is there for clemency or pardon?

This varies by state, although as a general rule a parole board would review the clemency/pardon application and make a recommendation. Each application is considered on its own merits but clemency/pardon boards often have strict criteria in which to follow. Pardons are generally referred to the Governor of the State where you are incarcerated. If you are unsuccessful you may have to wait a year or more before re-applying.

6.5 What about any financial penalties?

Courts order restitution as part of the sentencing and a restitution order is read aloud along with the sentence to prison. When the court orders you to pay restitution it is ordering you to pay back the damage caused, both to the state and to the victim. The court orders restitution in all cases and it does not consider your ability (or inability) to pay when the order is made. Even if you are released from prison, restitution never goes away and you must pay it.

6.6 Is transfer to another prison within the United States of America possible?

Sometimes, but it may be harder for British nationals who have an ICE hold as they are expected to be removed to the UK at the end of their sentence. Often you may also be required to serve a minimum amount of time in one facility before being eligible to apply for a transfer. You should speak to your classifications officer at the facility about the best way to apply for a transfer.

6.7 Is transfer to the UK a possibility?

In theory, yes, but not all states offer this. If you wish to apply for a transfer to the UK, you should ask your classifications officer at the facility for the relevant paperwork as you will need to submit the application through them.

The International Prisoner Transfer Program (“IPTP”) applies to any British national who has been sentenced and is serving their time in a federal or state prison. County jail inmates cannot apply, as their sentences are less than 12-months in duration. There are a number of criteria that the applicant must meet to be eligible for transfer:

• you must be a British citizen or have close family ties with the UK
• criminal proceedings against you in the USA must be complete – you cannot be transferred if you are awaiting trial or the outcome of an appeal
• you must normally have at least 6-months of your sentence left to serve before applying
• the offence you were convicted of must also be a criminal offence in the part of the UK you wish to be transferred to
• you must have no outstanding fines or non-custodial penalties

A federal prisoner who wants to apply for transfer to a prison in their home country should contact their classifications officer at their facility and request that a transfer application package be prepared. Their application package will be forwarded to the International Prisoner Transfer Unit at the US Department of Justice where it will be processed and a decision to approve or deny the transfer will be made.

A state prisoner interested in transfer should contact their classifications officer at their facility. In order for a state prisoner to obtain a transfer to their home country, their application must be approved at both the state and federal levels. If the state doesn’t approve the transfer request, it cannot be considered by the United States Department of Justice. Often, many states do not approve transfer requests.

If the US Department of Justice approves your transfer, it will be sent to the relevant authority in the UK (Ministry of Justice in England and Wales) for a decision on whether to agree to your transfer; it must be agreed by both the sentencing country and the receiving country. Once both countries approve, you must formally consent to this transfer at a consent verification hearing where you will also be ordered deported. The administration costs of the transfer are handled by the UK and foreign authority, but you must agree to repay the cost of the airfare.

If you are transferred to the UK, the completion of your sentence is carried out in accordance with the laws and procedures of the UK, including those governing the reduction of the term of confinement by parole, conditional release, or otherwise. The application can take up to 18-months to be approved, but in some cases it can be longer. There is no guarantee of approval, indeed many applications are denied each year. You should note that the majority of the denials are by the United States authorities.

The FCDO produces a leaflet, ‘Transfers Home for Prisoner’s Abroad’ that may answer many of your questions. Please contact your consular representative if you would like a copy.

6.8 What are the procedures for release and deportation?

If you are released, and there is no ICE hold in place, you are free to continue your life in the USA and we will close your case file. We request that you keep us informed when you are released.

However, if you are to be removed or deported, we aim to contact you six months before the end of your sentence to outline the deportation process and assistance offered by Prisoners Abroad, if applicable. We recommend that you start the process to apply for a new passport (if yours has been lost, expired or you’ve never held one) at this time. We will also be able to send you a copy of the Prisoners Abroad leaflet “What’s Your Plan B? Planning for deportation and resettlement” at this time; this leaflet seeks to help you prepare for returning/being removed to the UK.

When transferring to ICE detention, you will have a deportation hearing where a judge formally orders you deported. This can take 2-3 weeks. If you want to fight deportation you’ll need to get an immigration attorney, but your case may take some time to be heard and there is no guarantee that you will be released from custody during this time.

7. Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you are in a developing country and don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

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

Telephone: 011 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

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

 

8. Additional information

8.1 Useful websites for family members to track detainees

Some local jails and US states allow tracking of detainees via www.vinelink.com - VINELINK is the online version of VINE (Victim Information and Notification Everyday), the National Victim Notification Network. This service allows crime victims to obtain timely and reliable information about criminal cases and the custody status of offenders 24 hours a day. This website also allows people to register for updates on a detainees location.

State prisons also have there own websites with inmate locators giving more information on convictions and release dates e.g. in the State of Missouri the website is web.mo.gov/doc/offSearchWeb/ A simple google search will provide the website for other US states.

For those detainees in a Federal prison this website will give the current location of a detainee and expected release date but will not provide any conviction information www.bop.gov/inmateloc/

For those detainees in immigration custody this website will provide the current location and contact details of the immigration office dealing with the case but will not give any other information https://locator.ice.gov/odls/#/index

9. Glossary of terms

Useful legal terms & key phrases

Appeal	When a party dissatisfied with a judge’s decision appeals to a higher court to reverse the decision.
Arraignment	A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
Bail Bond	Monetary guarantee that an individual released from jail will be present in court at the appointed time. If the individual is not present in court at the appointed time, the monetary value of the bond is forfeited to the court. Often referred to simply as ‘bond’.
Bar Association	A professional body of lawyers responsible for the regulation of the legal profession in their jurisdiction.
Capital Case	A criminal case where the defendant can get the death penalty.
CBP	Customs and Border Patrol
Citation	A court order or summons that tells a defendant what the charges are. Also tells the defendant to go to court and/or post bail.
Classifications Officer	A person at a detention facility who is assigned to be an inmate’s main point of contact (they may also have different titles, including Case Manager, Deportation Manager etc).
Docket	A notation of the filing of each pleading, motion, or other paper and any step taken by the Clerk of Courts in connection with each action, appeal, or other proceeding before the court. Also, hearing calendars are often referred to as dockets.
DUI	Driving Under the Influence (drunk driving).
Extradition	A case filed, usually by the State Attorney’s Office, in which another state/Country wants a state to surrender a criminal for prosecution.
Felony	A serious crime, usually punishable by at least one year in prison.
ICE	Immigration and Customs Enforcement
Indigent	A party who is financially unable to pay case filing fees.
Misdemeanour	An offense punishable by one year of imprisonment or less.
Nolo Contendere/No Contest	A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Parole	The release of a prison inmate after the inmate has completed part of his or her sentence. When the parolee is released to the community, they are placed under the supervision of a U.S. probation officer.
Plea Bargain	Negotiation between the prosecuting attorney and defense lawyer, in conjunction with the person accused of a crime to discuss whether the detained person will accept a plea bargain if she/he would be prepared to admit guilt and therefore potentially receive a lesser charge and ultimately a lesser sentence. If the plea bargain is accepted by the three parties, then the court must approve the plea bargain.
Probation	With probation, instead of sending an individual to jail/prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.
Public Defender	A lawyer appointed by the court, usually to represent a defendant in a criminal case that can’t afford to hire a lawyer.

10. Annexes

• Annex A: List of Bar Associations in the USA
• Annex B: Prisoners Abroad authorisation form
• Annex C: Prisoners Abroad family contact form
• Annex D: Prisoners Abroad how can they help
• Annex E: Prisoners Abroad Plan B leaflet

10.1 Disclaimer

This booklet was compiled by British Consular Services in the USA. It is revised on a regular basis. If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

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