British Government Prisoner Pack for Dubai & Northern Emirates | ExpatWoman.com
 

British Government Prisoner Pack for Dubai & Northern Emirates

Here's a guide to what happens when a person is arrested in Dubai and put in prison.

Posted on

27 August 2013

Last updated on 31 March 2019

The British Government has produced a very helpful guide for if you find yourself or someone you know finds themself on the wrong side of the law in Dubai and the Northern Emirates.

 

Introduction
Being arrested and put on trial in a foreign country can be bewildering and even terrifying experience, especially if you don‟t understand the language or know your rights within the law. This guide will help you understand the criminal justice system of Dubai and the Northern Emirates at various stages, from arrest through to sentencing and afterwards. It includes guidance on your rights, what should be happening and when and what support is available to you as a British National. There is also information about bail, appeal, clemency and amnesty.

The British Embassy
The British Embassy in Dubai has consular responsibility for Dubai and the Northern Emirates; namely Ajman, Fujairah, Sharjah, Ras Al Khaimah and Umm Al Quwain.

We are impartial and 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 detainees are.

We cannot get you out of prison or interfere in the criminal or court proceedings. If your prison sentence is followed by a deportation order we are unable to prevent the local authorities from deporting you.
We can answer questions about your welfare and about local regulations but not queries about legal matters. You should ask your lawyer these kinds of questions.

Who is my Consular Representative?
Pro Consul Tel: + 971 4 309 4444
British Embassy Fax: + 971 4 309 4257
P O Box 65
Dubai

The British Embassy operates between 0730 and 1430 hours Sunday to Thursday. Outside of these times a message can be left on the answerphone of your Consular representative named above. In an emergency please contact the British Embassy switchboard on + 971 (0) 4 3094444 and follow the instructions.

What will the Embassy do?
For reasons of confidentiality we are not permitted to tell anyone including family members that you have been detained or on what charges without your permission. If you do request that we inform your next of kin, we will do so. We will also advise Consular Directorate in the Foreign and Commonwealth Office of your detention. To save costs, your families can get in touch with the Country Casework Team in Consular Directorate directly.

Consular Desk Officer Tel: +44 (0) 20 7008 0153
Foreign and Commonwealth Office Fax: +44 (0) 20 7008 0165
Main Building
King Charles Street
London
SW1A 2AH

For more information on what the Embassy can do, see our publication called “Support for British Nationals”.

Legal Representation
Consular staff cannot give legal advice as they are not legally qualified, but they can give you a list of English speaking lawyers. You can employ a lawyer for yourself anytime after your arrest. However you are not obliged to have one. A list of English speaking lawyers can be provided by the Embassy and it is also available on our website. The Embassy cannot pay legal fees or give a guarantee to a lawyer that you will pay them.

Further information on the local judicial system comes later in this document, but please note that only UAE appointed lawyers can represent you in court.

Consular Visits
A member of the Consular team will aim to visit you once every six months unless there are reasons to visit more frequently. We will offer to contact your next-of-kin to pass on any messages you may have. We can give them advice on local prison procedures and regulations, and tell them how you are doing.

Visits by family, next-of-kin or friends
You are allowed visits by friends and family. Visiting times and days vary between each place of detention and time of year. During Ramadan for example, visiting times may be restricted. You should ask the Police Guards for details of the visiting times, but you should remember that as the United Arab Emirates is an Islamic country, there are separate days for male and female visitors (and in some detention centres there are separate days for male and female detainees).

If, once you are sentenced a member of your family wishes to visit you from outside the UAE we can help to arrange a private visit for you. This is not possible for those on remand. Please ensure that they notify us of their impending visit to ensure the appropriate arrangements are made.

Telephone calls
Every place of detention has its own regulations regarding the number of telephone calls you are allowed to make and receive. Officials will give you information on this.

Can I receive medical and dental treatment?
If you need medical or dental treatment you should make an appointment to see the prison or police Doctor or request a hospital or dentist visit. Some prisons have resident Doctors. Most police stations do not and you may have to be escorted to a local hospital. Prison Doctors are often the equivalent to local GPs in the UK, so unusual or complex medical problems may have to be referred to a specialist outside the prison.
If you have a long-standing medical problem and have received treatment for it previously, it may be useful to obtain a medical report for the local Doctor.

Please note that not all medicines prescribed in the United Kingdom are allowed in the United Arab Emirates, and a substitute may be prescribed instead.

Food and diet
A special diet can only be approved after the prison/police Doctor has given his authority on medical grounds. It is up to you to ask to see the Doctor and ask him for a special diet. Sometimes the places of detention will provide a special diet e.g. vegetarian/vegan diet on request but this is not an automatic right.

What about money?
Money can be sent to you for “prison comforts”. If a relative wishes money to be passed to you from abroad, they can contact the Consular Desk Officers in London and transfer the money via the Foreign and Commonwealth Office. We will arrange for the money to be brought to you as soon as practically possible. This can take up to a week. It can then take up to a week for it to reach your prison account. You will need to budget accordingly.

Can I be transferred to the United Kingdom to serve my sentence there?
The UAE and the UK have a Prisoner Transfer Agreement in place. Speak to your consular representative to find out what this may mean for you.

Amnesty
There are periodic declarations of Amnesties. The usual requirements for consideration are that you have completed half of your sentence, and have been a “model” Prisoner, i.e. you do not have any disciplinary reports on your internal prison file. Recent Amnesties have also included prisoners who have been sentenced for possession of small amounts of drugs even where they have not completed half of their sentence but there is no guarantee this will always be the case.

The Prison authorities nominate those for consideration, which then have to pass a selection committee and to finally be approved by the Rulers Court. The British Embassy cannot nominate anyone for inclusion on the list, and we are not informed which, or how many British Nationals are on the list until after it has been officially published. If you have been nominated, it is likely that you will be the first to know!

Other Sources of Help whilst you are in Prison

Prisoners Abroad
For more than thirty years the charity Prisoners Abroad has offered practical support and advice to Britons imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether or not you have been sentenced. PA is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their „resettlement‟ service. They can also provide support and advice to your family during your imprisonment, if you wish. Should you wish to enrol with Prisoners Abroad the forms are at annex D. If you have no means of sending completed forms to Prisoners Abroad please contact the Embassy and we will arrange to collect them on our next visit. We will then forward them to Prisoners Abroad.
Contact Details:
Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
England
Telephone + 44 (0)20 7561 6820
(Mondays to Fridays 9.30 am to 5.30 pm)
Email: [email protected]
Website: www.prisonersabroad.org.uk

Investigation & Indictment
Whilst you are in remand, a Public Prosecutor will investigate the alleged offence. He may interview you and any witnesses. He also collects any relevant evidence. You should be aware that this might take some time. For example statements from financial institutions can take months to be prepared, and forensic analysis of blood or urine sample can take up to six weeks.

When there is enough evidence to open a prosecution, the investigation stage is formally closed and the trial stage is opened. The Public Prosecutor must produce an indictment, which details the accused, the crime of which they are accused and when and where it took place, the legal definition of the crime and the criminal laws applicable to the case. When the Judge receives the indictment, a date for the first hearing will be set. Subsequent hearing dates will be set thereafter, if necessary.

Throughout your case you will deal with predominantly Arabic speaking officials who may speak some English. It is advisable to appoint an interpreter or seek assistance from Arabic speaking friends or colleagues.

The Judicial System of the United Arab Emirates
The local judicial system is not the same as that followed in the United Kingdom as it is based on Sharia Law.
There are two types of offences: Major and Minor Offences. Both are heard and dealt with in the Court of First Instance with the exception of cases that effect national security, which are heard in the Federal Court in Abu Dhabi.

The UAE judicial system is not jury based. Judges are responsible for carrying out a wide-range of enquiries, including considering Police reports, Public Prosecutor‟s presentations, forensic reports and defence lawyer‟s statements. The trial is the final act of the investigation and the Judge will ask most of the questions.

However, the Judge may not want to question you, and you may find that you are not asked any questions at all. The rules of evidence are also different and the court can consider all evidence, including hearsay.

The official language of the court is Arabic although some officials may speak English. Official translators are provided by the court and are used when the Judge wishes to speak directly to the defendant. They are not responsible for translating all of the court proceedings. A transcript of the court proceedings is available after the hearing.

How long can I be remanded in custody before the case is referred to Court?
The initial police remand period is 48 hours, during which the accused must be seen by a Public Prosecutor. The only exception to this is if the accused is still under the influence of alcohol or narcotics, is medically unfit or there is a public holiday. The PPO usually has 21 days in which to investigate your case and present it to the Court of First Instances. However the Public Prosecutor may extend your remand period if a crucial piece of evidence has not been produced e.g. forensic report etc.

The PPO is under no obligation to explain to you or the Embassy why he has asked for an extension. The Public Prosecutor only needs to satisfy the Court that an extension is necessary. It is not unusual for even simple cases to take up to three months. More complicated cases can take longer.

Can I be released on bail?
For Minor offences, such as consumption of alcohol, bail can be granted by the Police but only before the case is referred to the Public Prosecutor. Once the case has been referred to the Public Prosecutor only he can grant bail.

For Major offences bail can only be granted by a Public Prosecutor or when referred to trial, by a Judge in the Court of First Instances. You, or your Lawyer, should ask for bail when you meet the Public Prosecutor or Judge. Failing that, written representations for bail from you or your lawyer can be submitted at Dubai Public Prosecution at any stage.

The local authorities dictate bail conditions. We cannot influence them. Conditions can include:

  • Surrendering your passport to the police
  • Surrendering the passport of your bail guarantor *
  • Paying an amount to the Courts

*Your bail guarantor usually has to be male with a valid UAE Residency. They can be of any nationality, but if you should fail to report to the local authorities, your guarantor will be liable for any fine you may be given or a period of detention.

If I cannot afford a lawyer, will the local authorities pay for one?

There is no legal aid in the United Arab Emirates. If you cannot afford a lawyer, you will have to represent yourself. The local authorities will only appoint a lawyer if the charges you are facing attract the death penalty or life imprisonment (25 years).

In any case referred to the Federal Court in Abu Dhabi (e.g.: serious national security matters), the local authorities will appoint a Lawyer as the Federal Court will only receive representations through legal channels. You cannot represent yourself.

What are my appeal rights?
Everybody including the prosecution has the right of appeal against a sentence. If you have not appointed a lawyer you may wish to consider appointing one at the appeal stage.
Within 15 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you through the prison authorities or by your lawyer. If the appeal is unsuccessful you may appeal, within 30 days of the appeal court judgment, to the Court of Cassation.

Clemency
Clemency can be granted by the Ruler of the Emirate in which your case has been heard. You can apply for clemency once all Appeal rights have been exhausted. There is only one opportunity to appeal for clemency so you should prepare your case carefully.

You can apply for clemency yourself or someone else can apply on your behalf. If someone is applying on your behalf they need your full consent. You should submit a letter to the Director of the Ruler’s Court in whichever Emirate your case was heard. It can be addressed to a specific Sheikh depending on the nature of the conviction. The letter should give reasons why clemency should be granted. It should be no longer than A4 and should be translated into Arabic. We can give advice on the format of the letter and can arrange for it to be delivered to the Ruler’s Court. More than one letter can be sent but they must be submitted together. If a member of your family wishes to request clemency on your behalf they can call personally on the Authorities here taking any supporting letters with them.

This guide is designed to inform arrested British Nationals of the local procedures and the role of the British Embassy.

Neither HMG nor any official of the Embassy take any responsibility for the information contained herein nor in relation to the use of any of the listed providers of services.

You can visit the HMG website here www.gov.uk/government/publications/united-arab-emirates-prisoner-pack

 
 

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