Will the UK protect me if I break the law in a different country?

The help that you receive from the UK Government if you are arrested abroad will depend on a number of factors but predominantly, where you are in the world. The UK’s ability to help is citizens and nationals in legal matters overseas is largely determined by the country involved and their own laws.

Generally speaking, the UK can try to offer assistance and will have agreements with many countries as to what treatment British people can expect if they are arrested in a foreign country. However, some countries will not have such agreements and will treat foreign criminals in the same way as they would natives. In some cases, the treatment given to foreign criminals is worse than that give to nationals because some countries want to set a precedent for other travellers or some countries have political disputes with the UK and British nationals are treated as scapegoats.

The following guide explains which authoritative bodies in the UK are charged with the role of helping people who are arrested abroad, including what assistance they can offer and what jobs they can’t help with. These bodies are also in place to support the families and friends of people who are arrested in a different country. 

Who do I contact if I am arrested abroad?

If you are arrested abroad, it is important to alert the UK and you do this through contacting the Foreign & Commonwealth Office (FCO) or by getting in touch with the nearest British Embassy, consulate or high commission in the country that you are in. They will usually be situated in the capital city. These bodies will all be able to give you advice on local laws, legal systems and can provide you with contacts for lawyers and interpreters. They will also be able to contact your family and friends back home on your behalf.

If you are arrested abroad, it is vital that you make contact with the British embassy, high commission or consulate that is nearest to you as soon as possible. In some cases, the police in the arresting country will make contact on behalf of the person arrested.

What happens once I contact the British embassy, high commission or consulate?

Once they have been alerted, the British embassy, high commission or consulate will attempt to make contact with the person who has been arrested as soon as possible. The consulate will understand local laws and processes and will offer advice and information to the detainee relating to what they can expect, the crims and likely outcome of the case.

The British consulate can also contact the family and friends of the person who has been arrested to inform them of the situation, give information about the arrest and to provide contact details for the detainee. It is only possible for this information to be shared if the person who has been arrested gives permission for the Foreign Commonwealth Office to make contact on their behalf.

Can I be sentenced to the harshest penalties abroad?

Each country will have its own laws and it’s own legal system which will determine the penalties issued to anyone found guilty of specific crimes. This means that if you are found guilty of crimes in a different country, you can face the sentence as set by that jurisdiction. Some of the harshest penalties such as life in prison and even the death penalty have been given against British nationals who have committed crimes such as murder and drug offences in countries such as Thailand and the United Arab Emirates.

For this reason, the British Government offers advice to people travelling to such countries in the hope that travellers will acknowledge and respect the laws of their destination. The UK has no authority to overturn international laws and although the government and other UK nationals may attempt to intervene and appeal a penalty, the overriding decision will lie with law enforcement in the country of arrest. Travellers must be aware of the laws of the country that they are travelling to and should be further alert to the reality that some countries maintain the death penalty and can apply this to offences that would receive much more lenient prison sentences in the UK.

What help is available if I am arrested abroad?

There are a number of ways in which the Foreign Commonwealth Office and British consulate can help people who are arrested in a different country. This includes:

• Giving information relating to the country, laws, prison conditions, legal system of the country and whether any financial support is available.
• Giving contact details for local lawyers and translators.
• Helping to liaise between prisoners and police/prison officers.
• Helping to deal with complaints about treatment whilst in custody.
• Providing police and prison staff with information about medical conditions that a prisoner has and ensuring that a doctor is aware of the treatment needed by a prisoner.
• Sending money to the person who has been arrested that is sent by their family of friends.
• Acting as a middleman for contact between the prisoner and those closest to them.
• Putting the prisoner in touch with charities such as Prisoners Abroad or Amnesty International, who can offer more specialised advice or first hand experience of similar situations.
• Acting as a visitor to the prisoner so that they have contact with someone who speaks the same language and provide some comfort.
• Where possible, arrange for the prisoner to be transferred back to the UK. This is not always possible, but the UK will attempt to repatriate people in some cases and they can be tried and sentenced in their home country.

What can the Foreign Commonwealth Office or British Consulate not do to help me if I am arrested abroad?

There is only a limited number of things that the Foreign Commonwealth Office and British Embassy can do for British nationals who are arrested whilst in another country. There are several things that neither body can help with, including:

• Having a sentence overturned or getting a person out of prison.
• Arranging special treatment or lighter punishments for British people who commit crimes abroad.
• Pay any costs that a person incurred after they are arrested in a foreign country.

Are dual nationals treated any differently if they are arrested abroad?

The rules are slightly different for dual nationals who are arrested abroad, so far as how much help the British Commonwealth Office or British consulate can offer. If a person with dual nationality is arrested abroad, they can receive help from British authorities as long as they’re not arrested in the country that they hold dual nationality for.

If a person is arrested in a country for which they have a valid passport, the British Foreign Commonwealth and British Embassy won’t get involved. The only exception to this rule is if there are grounds for humanitarian concerns, at which point British authorities may intervene.

Are there any other organisations that can help if I am arrested abroad?

There are a number of other organisations that are specifically set up to help people who are arrested or detained in foreign countries. The following are not-for-profit organisations that can offer practical and emotional support for anyone in this position:

• Fair Trials International
• Prisoners Abroad
• Amnesty International
• Reprieve 

These organisations can offer advice on laws, legal systems, prison conditions and emotional well being as well as help prisoners find the best local support and remain in touch with their families. They may also be able to offer logistical help and offer assistance in funding legal support.

• Investigate a case
• Offer legal advice to a prisoner or begin legal proceedings against another person.
• Prevent deportation orders that are issued against a person after they have served a sentence in the foreign prison.
• Pass on any packages to a prisoner from external people such as family or friends.