British nationals in detention or prison overseas

If a relative or friend has been detained or held in prison overseas, this is the support we can give.

If your relative or friend has asked us to, we will tell you as soon as we can, that they have been detained or held in prison. However, to protect their confidentiality, we will not provide any details of the detention or arrest, or tell you how to contact them, unless they have given us permission.

Prison conditions

We can provide general information about the country involved, prison conditions and the local legal system.

We can put you in touch with the prisoners’ welfare charity, Prisoners Abroad.

If the prison where your friend or relative is being detained agrees, we can pass on any money you want to send to buy prison ‘comforts’, use the phone and so on.

In many countries, mail sent or received by the prisoner will be opened and read by the authorities, and phone conversations may be monitored.

Arrest
Depending on the nature of the offence a suspect can be arrested by the police, on the authority of the Prosecutor or under Emergency Laws.  

Detention
Detainees suspected of a crime or a misdemeanour are usually held at a Police Station or in a Remand Prison.  They would normally be seen by a Prosecutor within 24 hours.  The Prosecutor should appoint an interpreter to translate for the accused person during questioning (provided by the Information Centre TV building, Ministry of Justice or a person chosen by the Prosecutor).  

The Prosecutor may:
• order the accused to be held for 4 days in the Police Station or Remand Prison pending further investigation
• order the accused to be released on bail. This may involve the retention of their passport or payment of a financial bond.  
• if the case is proven and concluded by the Prosecutor, he may levy a fine.
• if the case is not proven the accused would normally be released.

Lawyers can be with their clients during the questioning by Prosecutor; they are not however permitted to take any part in the proceedings and are there only as observers.  They have the right to read the case papers and request release on bail.

On the fifth day of detention a Magistrate should see the detainee at a primary court which covers the area where the charge is lodged.  The Magistrate has the authority to extend the period of detention or release on bail regardless of the Prosecutor’s recommendation.  The Lawyer can be present in court.  The Magistrate can release the detainee again on bail or extend the period of detention to 45 days (that is from the fifth day of detention).  During the period in detention or on bail the questioning could continue if the Prosecutor has not yet reached a decision on the case.  During this period the date for the hearing of the case at a primary court before a Judge should be set.  If the date of the hearing were not set the detainee would normally be seen again by the Magistrate who may extend the period of detention for another 45 days.  

Amendments to the Criminal Procedures Law were applied to all defendants in August 2006. The maximum period of provisional detention will be 6 months for misdemeanors, 18 months for felonies and two years for crimes punishable by life imprisonment or a death sentence. The same could be repeated one more time for a maximum period of six months. Due to the Emergency Law being in force, if a date for the trial is still not fixed, the case will be heard at the Criminal Court for further extensions of 45 days each. There is no maximum period for an extension set by the Criminal Court.

Legal representation: The Egyptian constitution provides that every person accused of a criminal charge must have a lawyer to defend him.  A court hearing a criminal case cannot try any person unless a lawyer is present to act for him.  This rule does not cover offences such as misdemeanours or contravention.  A person on trial before a court can either appoint a local lawyer at his own expense to defend him/her. If a lawyer is not appointed, the court in a criminal hearing will appoint a lawyer for him/her without charge to the accused.

Legal aid: Legal Aid as we know it in Britain is not available in Egypt.  However, if you are charged with a crime and you find you are not in a position to pay for a lawyer to defend you, the Egyptian courts will appoint a State lawyer to act on your behalf.  This will normally be someone who is present in the Court at the time of your hearing and so he will not be familiar with your case or your circumstances.  If you can afford it, it may help you to appoint a local lawyer.  The British Embassy’s list of English speaking lawyers is available.

Trial: On the date of the hearing the accused appears in court before a Judge who will hear the case and pass judgement or postpone it for another hearing.  In criminal cases a postponement would only be for a few days unless the lawyer has requested further postponement.  Proceedings are conducted in Arabic.  If the accused needs to be questioned by the Court an official interpreter from the Ministry of Justice without would normally be appointed. The accused is not expected to pay for this service.

Judgement: When someone is sentenced the following would take place:-

• the prisoner is taken to the Police Station;
• then to the Police Directorate for a file to be opened
• then to the appropriate Police Force which covers  the case i.e. for drug charges to the Anti Narcotics Administration for another file to be opened.
• and then to the prison

If the accused is found not guilty the following prosecutor would take place:

• the accused is taken to the Police Station or prison if in detention
• then to the Police Directorate
• then to the Specialised Police Force
• then to State Security (local)
• then to the Passport and Immigration Office
• then back to the Prosecutor
• then to the Passport and Immigration Office
• then released from either the Passport and Immigration Office or Police Station
This process can take several days

Appeals: An appeal in a criminal case is brought before the Supreme Court and must be made within 60 days from the date of judgement.  The appeal is made by submitting a writ signed by a lawyer who is permitted to appear before the Supreme Court, to the Clerk in charge of the court.  The accused will be advised when one of the five counsellors is appointed to the court to fix a hearing.

An appeal in a misdemeanor case is brought before the Misdemeanor Court of Appeal and must be made within 10 days from the date of judgement if it is made by the accused (or the lawyer) and 30 days if it is made by the Public Prosecutor.  The appeal is made by submitting a declaration by the accused or the lawyer to the Clerk in charge at the court which passed judgement.  The accused will be advised when a hearing is fixed. The case will be heard by one of 3 judges appointed to the court.  The timing of a decision will depend on the particular circumstances of each case.

Prison system in Egypt
Prisons in Egypt are very basic and do not have the same facilities as in an UK prison (eg library, recreational & computer facilities). Some do have television.

Food in Egyptian prisons is also basic, though each prison has a canteen.  It is possible to supplement the diet by having a prison account - a prisoner can then buy coffee, tea and tinned foods. It is possible to send and receive mail whilst in prison.  However, the Prison Authority will check all mail in and out of the prison.  Consular Section tries wherever possible to deliver any letters and mail from family and friends in the UK.

It is possible to receive visitors whilst on remand or serving a sentence in an Egyptian prison.  Visiting hours are 1000 to 1300 every day except Fridays and Public Holidays.  It is necessary to obtain a visitors pass prior to a visit.  Family members can obtain a pass from the Prison Authority or directly from the Prison if the prisoner is already serving a sentence. For those on remand, their family should apply to the Prosecutor responsible for the case. Prisoners are entitled to one visit every 21 days and an extra visit every month. We encourage all families to contact the Consular Section of the British Embassy for further advice on prison visiting.

Prisoner transfer scheme
A Prisoner Transfer Agreement was signed between the British and Egyptian Governments in 1993. It formally excludes prisoners serving sentences for drugs related offences.  

The Prisoner Transfer Agreement provides for a British citizen prisoner to be transferred back to the UK to continue serving his sentence as long as the following conditions are met:
• the prisoner is a British citizen;
• the judgement is final, or the prisoner has waived any rights of appeal;
• at the time of receipt of the request for transfer, the prisoner still has at least six months of sentence to serve or the sentence is indeterminate;
• consent to the transfer is given by the prisoner, or where in view of his age or physical or mental condition it is considered necessary, by a person authorised to act on his behalf;
• the crime for which the sentence has been imposed constitute a criminal offence in the UK or would constitute a criminal offence if committed there;
• the  government of the UK and the Arab Republic of Egypt agree to the transfer;