South Africa: prisoner pack

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither Her Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key Points

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they 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 detention information pack is designed to give you, and your family and friends, information about the local system in South Africa and who can help. A printed copy is provided to those in prison or in custody, and an online version is available here. We welcome feedback to help us improve the information we can provide to others.

If you are arrested or detained in another country:

In some countries, the authorities might notify the High Commission even if you don’t 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.

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas. In South Africa, we have consular staff working at the British High Commission in Pretoria, and the British Consulate in Cape Town. We also have a trade office in Johannesburg.

You can contact us:

You can also write to us at:

British High Commission Pretoria255 Hill StreetArcadiaPretoriaGauteng0083

or

The British Consulate General Cape Town15th FloorNorton Rose House8 Riebeek StreetCape Town8001

Please note that access to the consular section is by appointment only. If you need consular assistance, you should telephone us before visiting our offices. You can contact us over the phone 24/7 by calling +27 (0) 12 421 7500.

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

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In South Africa, notification by the authorities to the High Commission can take several days or weeks after your arrest. It is therefore important that you try to inform us as soon as possible after your arrest. It is your right to do so. You may also be able to make a phone call to the British High Commission, your lawyer or family

Once we are notified, we aim to contact you as soon as possible.

We can also:

What we can’t do is:

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. 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.

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 UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

There may be other circumstances in which information about you may need to be shared by ourselves or authorities in South Africa.

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers. See also information on Legal Aid in South Africa.

You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities.

This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed, compared to local cases.

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 South Africa

Family and friends should check with the prison to confirm that you are able to receive visitors before they travel. If you are sick or have transgressed prison regulations, you may not be able to receive visitors.

You are allowed to receive visitors on specific days of the week depending on the prison in which you are being held. You may be allowed extra visits if there are special or compassionate reasons (for example, distance, minor children etc.).

Visitors enter into the prison and have in the past expressed how daunting the experience of getting through the security checks and waiting can be. Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport / or South African ID book).

Visitors should expect to undergo a body search before entering the prison, and possibly again in the designated visiting area. Visitors receive an ink stamp on their hand or arm before entry or they may receive a slip of paper.

Visitors will be briefed about the rules of the visit, and can purchase items from the tuck shop in the visiting area. All visits are supervised and conversations may not be private.

The South African Department of Correctional Services publish a detailed, step-by-step guide to the visitation process in South African prisons.

Please also see Chapter 4 for a list of visiting privileges to the Security Classification of the offender.

Visitors can bring prison comforts. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable. You will find a full list of permissible items on the Department of Correctional Services website.

A copy of this document is at the end of this pack.

We visit serving prisoners according to their individual circumstances. If necessary you can contact us by telephone. You can also request a visit by speaking with the prison social worker or warden.

If you have any health, welfare or mistreatment concerns please reach out to us as soon as possible and we will come to visit you. We will notify prison officials of our visit but you might not get notification ahead of the time.

You can write to us at any time on matters of concern but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

It is not possible to make a trip outside of prison if an urgent situation arises (eg. funerals and critical illness of a prisoner’s next-of-kin).

You will be notified of the cause of arrest at the time that the arrest is taking place, or, immediately after. If the arrest was effected by virtue of a warrant you should be handed a copy of the document.

If arrested you must be informed:

Upon arrest you may be searched and before detention an arrested person will again be searched. All personal items will be seized and recorded in an official register called a SAPS 22 register. Objects seized that form part of the investigation will be seized and recorded in a SAPS 13 register.

A person of the same gender as the arrested person should conduct the search. The police have the right to take fingerprints, photographs, draw blood and collect DNA of any arrested person.

At the police station all arrested persons are taken to the Client Service Centre where they are processed in the police cells. All details of the arrest (including who arrested the accused) is entered into an Occurrence Book with a cross reference to a cell register (SAPS14).

Everything that happens at the police station, which includes complaints from detainees are recorded in the Occurrence Book. All this information may be requested by an interested party via the Promotion of Access to Information Act No 2 of 2000.

At police cells limited access is allowed and access will have to be requested from the officer in charge of the Client Service Centre if the investigating officer is not available. Visiting is provided but depending on the facilities available at the specific police station may only occur during scheduled visiting times, which varies from station to station. The police cells generally have very limited private facilities available for visits.

In terms of Section 35(2) of the Constitution, the arrested/ detained person has the right to:

Upon arrest it is likely that you will initially spend some time in a police station cell. You may be held for a period of up to 48 hours without charge, at which point you must be brought to court as soon as possible.

After your initial court appearance you may be released on bail or remanded in custody and transferred to a detention facility.

The police official in charge of the Client Service Centre must exercise a discretion in this regard and ensure that the suspect is either charged or released within the 48 hour detention period.

There is no right to challenge the decision to charge. You will only have civil remedies to institute a civil claim for unlawful arrest and detention. The police will inform you of the charges and the charge will be reflected in the Occurrence Book as well as the cell register at the station.

After the expiry of the 48 hours you will be taken to court for their first appearance. The docket is also taken to the State Prosecutor. The process of establishing whether or not to prosecute usually starts when the police present a docket to the prosecutor, who falls under the National Prosecuting Authority.

This often happens after the arrest. The case needs to be studied by the prosecutor to make sure that it is properly investigated and to compile a formal charge sheet.

The prosecutor must consider whether to:

All charges are also read to the accused at the first appearance in court and recorded on an Appearance sheet. In the event that bail is not granted at the first appearance and the accused remains in custody the accused will be transferred to a correctional facility. Accused persons are very rarely detained further in police cells. More information about the South African judicial system can be found in Chapter 3.

On arrival at prison you will registered and allocated to a cell. You will hand over all your possessions, including clothes and money to prison authorities (these will be returned to you on release) and be issued with a prison uniform. You will also be able to open a prison credit account for purchases at the prison shop.

You will be advised of prison regulations and procedures and the penalties for transgressing these. At this stage you may receive a medical examination from the prison medical staff, but this is not always the case. You will then be taken to your cell.

You should inform prison authorities of any pre-existing conditions and or chronic medication and request a medical assessment if needed.

There are various state prisons throughout South Africa, mostly situated outside of small towns and cities. There are 2 private prisons (“APOPS prisons”), one in Louis Trichardt in the north and another in Bloemfontein. You may have the option of transferring to these private prisons, depending on whether they hold your security group, and if there is a willing inmate to transfer under an exchange process.

However, prisoners who have been detained in these facilities usually soon apply for a transfer out as they find they have stricter rules than the state prisons. Each cell should have a toilet and wash basin. Showers are mostly separate and shared with the other cells. Hot water is not always available.

Prisoners are confined to their cells during different parts of the day depending on their security group. Inmates are usually confined to their respective prison wings and are not permitted out at any time, unless under prior arrangement e.g. for work / cleaning requirements to have access to different mediums on the prison grounds.

If you experience serious harassment, ill treatment, discrimination, threats or violence you should report this to the head of the prison and to the High Commission as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. However, we will only raise concerns with the prison administration if you request that we do so.

You can also lodge a complaint with the Tshegetso call centre, which is situated at the Department of Corrections national Head Office. You can call +27 (0) 860 000 327 or email enquiry.complaints@dcs.gov.za for assistance.

Sentenced prisoners and those on remand are held separately. Prisoners on remand often share cells with others awaiting sentencing. Most prisons have single and communal cells. A double cell is rare. Some prisons have triple cells. Communal cells house anything from 24 to 80 prisoners. Overcrowding is a major problem.

Inmates can apply to be assigned to a single cell. Factors such as whether you are studying and whether you might be in danger from the other prisoners are taken into consideration. However, most prisoners stay in a communal cell.

Cell furniture in South African prisons are sparse. Many cells have bunk beds. Lockers for private possessions are not standard and where provided, may be inadequate for the number of prisoners actually accommodated in the cell. Shelves, tables or chairs are also rare.

A basic diet is served every day and provided free. The food, which is prepared by other inmates, is a combination from various food groups. Most British prisoners have commented that they cannot live off the food provided alone as it is not very palatable or nutritional. You may find that you need funds to supplement your diet by purchasing items from the prison shop or getting items brought in by family or friends from outside.

Vegetarian meals can be provided on request, but again, you may find that supplements are needed and these may have to be authorised by the prison doctor as a health requirement.

All inmates are entitled to 3 nutritious meals per day, including children and babies with their incarcerated mothers.

Offenders may also be provided with therapeutic diets that are prescribed by a medical doctor based on health reasons. Religious and cultural diets are provided detainees with such requirements.

On admission, all sentenced offenders (including children and babies with their incarcerated mothers) are provided with suitable clothing, bedding and toiletry to maintain their basic hygienic standards. Awaiting trial detainees are issued with bedding and toiletry items only.

Every offender is responsible for keeping his/her person and living environment including accommodation cell in a clean and healthy condition. Inmates have access to clean drinking water, sanitary and bathing/shower and laundering facilities.

There is the opportunity for you to take up official employment while serving a sentence in prison. Payment is minimal, but it does help pass the days more quickly. In addition, it may help you build a reputation for good conduct which will assist you in obtaining credits for good behaviour. In most prisons sufficient credits for good behaviour could lead to a small reduction in sentence.

Due to long waiting lists, and sometimes the need for good connections, there are minimal opportunities to get jobs in the kitchen or hospital sections, which are the most popular options. Other alternatives are performing cleaning duties. Some voluntary work may also be found, which may help you obtain credits.

There is the opportunity for you to apply for self-funded correspondence education courses. Prisoners Abroad may also be in a position to assist. If you are interested, you should write to them for further information.

Most prisons have a gym or place of exercise, but often they are not properly equipped.

Prisoners can play football and other sports depending on the level of out of cell time you may have in accordance with the level of security you were sentenced under and your record of good behaviour.

In spite of the fact that prisons are called “correctional facilities”, prisoners may argue that there is no rehabilitation system. Workshops are usually either full or ill equipped. It is therefore falls to the prisoner to occupy their time during the day as constructively as possible.

You can have a radio, CD player, cassette player and television, with approval from prison authorities. However, having expensive items in your cell may attract unwanted attention from other inmates.

If in a communal cell with local citizens you may find that the television or radio remains on a non-English language station and sometimes at high volume.

Your contact with other prisoners will be restricted. The restriction of movement amongst offenders within the correctional centres are in place due to strict security measures. There are gates throughout the prison, manned by correctional officers to prevent free movement within the facility.

Contact is permitted during recreational activities but monitored by correctional officers .

Foreign prisoners are normally kept in separate sections where possible. Correctional officers usually speak English although they do communicate in Afrikaans, Zulu or Sotho depending on the province where the prison is located.

You will have access to a payphone that uses Telkom cards. Writing material will be provided by the prison. There is no internet access in correctional centres. Most prisons have libraries, although how well they are stocked depends on what has been donated to the prison. Prisoners Abroad donate English language books/magazines to prisoners.

There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

You will be allowed outside in the prison courtyard for a minimum of one hour per day. There are exercise facilities in prison. Most if not all correctional centres have the minimum of soccer facilities whilst some have gyms and other sporting facilities. Regular exercise and sporting events are encouraged by authorities.

The climate varies across the South African provinces with hot summers and extremely cold winters. South African prisons are not climate controlled.

Participation in religious services is voluntary and you can take part in the religious service of choice. You have the right to receive visits from a minister of your faith.

Prison rules and regulations will be explained to you when you are first admitted and you will be given a copy of this to keep with you. The sanctions or punishment vary according to the offence. Restriction of movement, curtailing of visits, access to shop facilities, restriction to exercise and religious activities are some of the sanctions. For more serious offences then segregation in isolation cells and or a further charge can be imposed and you will be charged for a criminal offence.

Behaviours like insulting or abusing staff is considered more serious and can lead to criminal charges where you will have to make an appearance in a normal court of law. The offender can also be detained in the isolation section if they pose a threat of violence or risk to correctional officers and other detainees.

There is a grading system in place where prisoners will have a correctional sentence plan that will be evaluated by the correctional supervision committee.

There are 3 levels, namely maximum, medium and minimum. All offenders will start at the maximum level which has the highest security policies. An evaluation takes place every 6 months with the possibility of being upgraded to the next level.

The levels all have different stipulations for privileges like number of visits, telephone calls and movement within the centre. Offenders on the minimum level can also be selected to work in the prison work teams doing work in the kitchens, shops and sections as monitors where they can earn a gratuity in the form of cash.

Drugs are prevalent within South African prisons. Do everything you can to find other ways to cope with life in prison and avoid consuming drugs. Not only will drug consumption weaken your health, but drug taking invariably results in the creation of personal debts. These debts will attract accelerated rates of interest and if not paid off, and could result in serious physical harassment and violence.

Prison authorities do not routinely test prisoners for drugs. You can be charged criminally. The prison authorities can also place the offender in the isolation section until the offender appears in court for further charges.

Drug rehabilitation is available.

If you experience serious harassment, ill treatment, discrimination, threats or violence you should report this to the head of the prison, and to our consular staff, as soon as possible. It is our responsibility to take up allegations of mistreatment against a British National. However, we will only raise concerns with the prison administration if you request that we do so.

There are 2 ways in which you may be able to receive financial assistance while in prison.

The British Government does not provide financial assistance to prisoners.

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. Prisoners in South Africa will be eligible to apply to the Craig Feehan Fund if they have no other forms of financial support available in country.

While you are in detention, South Africa is responsible for ensuring your basic medical needs are met.

If you need medical or dental treatment you should ask to see the prison doctor or dentist. There will be an appointment list, which you will need to add your name to. Depending on the number of patients, prisoners can either be assisted the same day or may have to wait for up to a week or two.

Most doctors work on a rotation basis where they will visit a different prison within their respective district only one day per week. Basic medical attention is free of charge. It is likely that the treating doctor will speak good English.

Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist at a state hospital outside of the prison. Prescribed medication or pain tablets will be made available to you in prison. They are usually ordered and obtained from the state hospitals, so it is advised that you renew your prescription well in advance as there are often delays in bringing the medicine in from the outside.

In some circumstances, it may be possible to receive treatment by your own private medical practitioner or dentist, at your own cost. You should talk to the prison medical staff and raise the request with your corrections officer if you wish to go down this route.

Prisoners Abroad may also provide assistance in the form of medical grants. If you have a long-standing medical problem and have received treatment for it in the UK or elsewhere, it may be useful if you have your medical records, or at least a report, sent from the respective doctor. We can assist you to access and share UK medical records if you want us to.

In case of a medical emergency you need to notify your corrections officer and request urgent medical care.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Friends and family can send you mail and parcels directly to the prison. The High Commission is not able to forward mail on your behalf back to the UK.

Prisoners often complain that the postal system for them receiving their mail sent directly to the prison is slow. This is usually contributed by the high volume of mail received by the prison for checking and distribution.

Please see Chapter 4 where you will find a detailed list of items allowed for each of the sentencing classifications. Please remember to use the person’s full name surname and their prisoner number when writing or addressing correspondence.

This depends on the prison. Usually there is access to a pay phone. Times are allocated for this use for each section, but you may find that there are not enough phones to accommodate everybody wishing to make calls during this period.

Pre-paid telephone cards have to be used to make calls, which are usually available for purchase at the prison shop. It may be possible to receive calls, depending on whether there is a passer-by i.e. an inmate or prison officer, who answers the pay phone and is prepared to call you and if at that time you are able to leave your cell. Under exceptional circumstances and with prior approval you may be able to use the land line telephone of a prison officer.

Mobile phones are not allowed in the prison. If you are caught with a mobile phone you can be charged and appear in court for the charge of smuggling a prohibited or unauthorised device within the correctional centre. Normal practice within the prison is for the phones to be confiscated however and correctional officers can use their discretion to punish offenders, like moving to another section or isolation.

If you have been 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 will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Prisoners have the opportunity to make requests and lodge complaints with a corrections officer after unlocking in the morning. The complaints and requests are referred and handled accordingly. The Judicial Inspectorate of Correctional Services oversee the correctional system and appoint an inspecting judge to oversee all complaints from offenders.

Independent correctional centre visitors are appointed for each prison and they also visit the prisons to take complaints from offenders. The office of the judicial inspectorate of corrections services then follows up with the Minister of Correctional Services, ensuring the department is held accountable.

Chapter 3: The South African judicial system

There are many similarities with the UK criminal justice system. Prisoners are presumed innocent until proven guilty; they have a right to legal representation, an interpreter, fair trial and appeal.

However, there are fundamental differences. For example, there is no jury system. In addition, the South African criminal justice system often has a backlog of cases and there can be substantial delays in bringing cases to trial. Prisoners can remain in prison without having been sentenced for considerable periods.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

Upon arrest it is likely that you will initially spend some time in a police station cell. Whilst you are at the police station the police will usually gather evidence and question you. The law states that you are entitled to appoint a lawyer. However, if you are unable to afford a lawyer the South African authorities may appoint one for you, as well as an interpreter, if necessary (although English is one of South Africa’s official languages).

The police should read out any charges against you and your rights. You should never sign anything you cannot read. If you find yourself under pressure to do so, ask to speak to your lawyer.

In a police station or prison you are likely to share a cell with several people. South African detention facilities are known to be extremely overcrowded. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away.

These can be difficult to retrieve afterwards. Since your passport is officially property of Her Majesty’s Government we will try and retrieve it. During the different stages of detention all men, woman and juveniles are held in separate facilities.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. A list of local English-speaking lawyers can be found here.

You should be brought to court and charged within 48 hours of your arrest. If the 48 hours expires outside a normal court date, you will be brought before the end of the first court day after that period. You will be brought to court to hear the charges against you and submit your plea. You may be kept on remand in custody in between your first court appearance and your trial, or released on bail.

It is difficult to give an exact time period within which a case will come to trial. It will depend on how long it takes to finalise the investigation as well as the extent of the backlog on the court roll.

Any case should however, be brought to trial and concluded without any unreasonable delay as there is a constitutional right to a speedy and fair trial. South African courts may, in the case of unreasonable delay, make various orders depending on circumstances, including that the case be struck off the roll. You should seek advice from your lawyer to understand if this is likely to apply to you.

Remand detainees are presumed innocent and must, as far as is possible, be given access to amenities (visits, radio or access to exercise equipment for example) which they would have had if they were not been detained. Access to amenities are only restricted in extreme cases and only for the time prescribed by the prison following a disciplinary hearing.

Every remand detainee is required to respect the authority of and to obey the lawful instructions of the DCS and SAPS officials and the officials delegated to manage the Secure Care Facilities in the DSD. You would be expected to cooperate during searches, tests for communicable diseases and work with officials during the identification process.

The police should read out any charges against you and your rights. You should never sign anything you cannot read. If you find yourself under pressure to do so, ask to speak to your lawyer. After your initial court appearance you may be remanded on bail or remanded in custody and transferred to a detention facility such as a prison.

It is possible to apply for bail, although bail may be refused where, for example, there is a likelihood that you will attempt to evade trial, interfere with witnesses, commit further crimes or be a danger to others. If you have been arrested on charges of a very serious offence (e.g. murder, rape or armed robbery), you will need to show that exceptional circumstances exist before bail is granted.

For less serious offences, a member of the South African Police Department (SAPD) might grant bail at the police station, under certain circumstances, before the first appearance in court.

The accused person can apply at any stage of the court proceedings for bail when he or she is before the court. Normally after arrest the accused must be brought before a court within 48 hours of arrest and he or she may then apply to be released on warning or bail if the case is not finalised on that day.

Section 50 of the Constitution states that the accused can apply for bail as soon as is reasonably possible. If the accused doesn’t receive bail or is released due to no charges, then they must be brought before the courts after the 48 hours expire.

The FCDO is not able to facilitate the transfer of bail funds.

Our consular staff cannot and may not provide legal advice, but they can provide you with a list of lawyers. You can appoint a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for a cash advance on their estimated legal fees (which may be high) before they will take your case on. The British High Commission cannot pay legal fees or provide a guarantee of payment on your behalf.

If you cannot afford a private lawyer and are charged with an offence the court must appoint lawyer for you. State-appointed lawyers are free of charge and their ability varies. In general, state-appointed lawyers may have very little time to compile evidence and move a case forward.

It is likely that the lawyer will only be available for discussions a short time before your court appearance. If you are not satisfied with your lawyer you may formally request to have them changed. You may also refuse the services of a State appointed lawyer in order to represent yourself, but this is not recommended.

As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). If you do decide to pay for a lawyer, it is wise to agree a flat rate for the whole case before they begin work or you may find yourself facing “extra expenses”. Ex-prisoners advise talking to other prisoners, as they often know which lawyers to avoid and what hidden costs there might be. If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

Legal Aid South Africa provides professional legal advice and representation to those who cannot afford it. They provide services to eligible non-citizens facing criminal charges (they do not provide services to non-citizens facing civil charges).

You can contact them using the details below:

There is no jury system in South Africa. Trials are heard by a judge, or magistrate. Other persons you may expect to be present in court would be the prosecutor, clerk, court orderly, the recording device operator and lawyers. It might be necessary to postpone a matter if one or more of these persons are absent. Delays, for this reason, and because of court closures linked to coronavirus, are common.

All documents related to a case and further evidence must be submitted to the court. You will be asked to submit your plea to the charges faced. If a plea of not guilty is entered the case will go to trial. The state will have the opportunity to put their case to the court. You will then have the opportunity to state your case in defence. The state is required to prove its case beyond reasonable doubt. The court should deliver its verdict as soon as possible.

It is difficult to give an exact time period within which a case will come to trial. It will depend on how long it takes to finalise the investigation as well as the extent of the backlog on the court roll.

Any case should however, be brought to trial and concluded without any unreasonable delay as there is a constitutional right to a speedy and fair trial. In terms of the Criminal Procedure Act Section 342A the court may, in the case of unreasonable delay, make various orders depending on circumstances, including that the case be struck off the roll.

Sentences are given by the magistrate or judge depending on the seriousness and nature of the crime committed. The court must also take the personal circumstances of the accused and the interest of society into consideration when assessing a proper sentence.

South Africa does not have the death penalty.

It is within the discretion of the court to impose fines – either as an alternative or in addition to a sentence of imprisonment. Fines are often imposed for smaller first time offences, as are suspended sentences.

There is a constitutional right to appeal and review. If you wish to appeal the decision of a Magistrate Court you must request leave to appeal from that court within 14 days.

If this is not granted you may apply for leave to appeal directly from the High Court. If you wish to appeal a High Court decision, leave to appeal must be granted either from the High court or, failing that, directly from the Supreme Court of Appeals.

A higher court can also be used for a review if you believe proceedings have been unfair or irregular. In certain circumstances a review is automatic, but in others you must request a review yourself. You should confirm how your case would be handled with your legal representative.

Appeal is one of the two forms of post-trial control in South African criminal procedure. An appeal is appropriate when it is alleged that the court came to a wrong conclusion on the facts, misinterpreted the law or the sentence is inappropriate. You may appeal from the lower courts without requiring leave to appeal and the appeal is heard by two judges of the High Court.

Review, on the other hand, is used when the procedure adopted is objected to. A review may only be utilised from a lower court to the High Court. Although there are similarities between review and appeal, there are also important differences. Both procedures provide a remedy against incorrect decisions.

The review court decides the issue on the basis of real and substantial justice. The review court does not have the power to increase the sentence. A court of appeal does have the power to increase a sentence.

As a general rule, if you have served more than half of your sentence and have a record of good behaviour while in prison, you may be released on parole. For life sentences and some sentences in terms of minimum sentence legislation, longer periods apply. A prisoner may also be eligible for parole on medical grounds.

Shortly prior to release on parole, if a dual citizen of South Africa or your permanent residency has not been revoked, you may be transferred to a pre-release prison. This facility has an objective of slowly integrating you back into society. With a good track record you may be permitted to apply for weekend releases.

If you have been issued with a warrant for deportation, on your release date you will be transferred to South Africa’s only deportation facility called Lindela, situated in Krugersdorp. There you will remain for anything up to two weeks until the Immigration authority of the local Home Affairs department has processed your flight ticket at the expense of the local authorities. We will ensure that a travel document is issued for your departure date.

As above.

The President of South Africa has the right to grant a presidential pardon. Presidential pardons are granted in the public interest after other legal avenues have been exhausted. The process for applying for a presidential pardon may take up to 2 years. You should talk to your lawyer if you wish to consider this route.

The court can impose fines – either as an alternative or in addition to a sentence of imprisonment. Fines are often imposed for smaller first time offences, as are suspended sentences

Yes. In most cases it is likely that the Department of Correctional Services will allocate you a prison closest to your resident family. However, this will also depend on whether the facility can detain you in accordance with the category of your sentence i.e. maximum, medium etc.

If you do not have family residing in South Africa it is likely that you will be placed in a facility that has space to accommodate you. In order for a transfer application to be approved there will usually have to be a prisoner from your desired facility who is willing to swap.

No. There is currently no Prisoner Transfer Agreement in place between South Africa and the UK so it is not possible to transfer to serve your sentence in the UK.

Shortly prior to release on parole, if a dual citizen of South Africa or your permanent residency has not been revoked, you may be transferred to a pre-release prison. This facility has an objective of slowly integrating you back into society. With a good track record you may be permitted to apply for weekend releases.

If you have been issued with a warrant for deportation, on your release date you will be transferred to South Africa’s only deportation facility called Lindela, situated in Krugersdorp in Gauteng. You will remain there for anything up to two weeks until Home Affairs has processed you flight ticket at the expense of the local authorities. We will ensure that a travel document is issued for your departure.

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. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply 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 it is best to write and tell your caseworker 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:

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 020 7367 4888, Monday to Friday 08h00 to 16h00, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 09h00 to 17h00.

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 therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Taken from South Africa’s Department of Correctional Services website, on 22 November 2021.

Taken from South Africa’s Department of Correctional Services website, on 22 November 2021.

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 awaiting charge or trial.

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:

Prisoners Abroad89 – 93 Fonthill RoadLondon N4 3JHUK

Available Mondays and Tuesdays 09h30 to 18h00, and Wednesdays to Fridays 09h30 to 16h30, UK time