Introduction
Being arrested and put on trial in a foreign country can be a bewildering and even terrifying experience, especially if you don't understand the language and don't know your rights within the law. This guide will help you understand the criminal justice system of Saudi Arabia at various stages, from arrest through remand, trial sentencing and afterwards. It includes guidance on your rights - what should be happening and when - plus some pointers on the best way to deal with your situation, and what support is available to you as a British national. You can also read about how to apply for an appeal or a Royal Pardon.

Who Can Help?

The Foreign & Commonwealth Office (FCO)
The FCO is represented overseas by its Embassies (High Commissions in Commonwealth countries), Consulates General or Consulates. All employ consular officers, and one of their jobs is to provide help and advice to any Briton who gets into difficulty in a foreign country.

About the Embassy or Consulate
We are impartial, we are not there to judge you. We aim to make sure that you are treated properly and fairly in accordance with Saudi Arabian regulations and that you are treated no less favourably than other prisoners. We cannot get you better treatment than other prisoners.
We can answer questions about your welfare and about prison regulations but not questions about legal matters. You should ask your lawyer or the court these kinds of questions. We can give you a list of English-speaking lawyers.
We cannot get you out of prison, pay fines or stand bail, or interfere in local judicial procedures to get you out of prison or secure you an earlier trial date; we cannot investigate a crime.
We have tried to make sure that this information is accurate and up to date, but the Embassy cannot accept legal responsibility for any errors or omissions in the information.


Who is my Consular Representative?

In Riyadh

 Keith Allen.           Melanie Smart          Mohamed Jama    
 H M Consul                  Vice Consul                Vice Consul

British Embassy
P.O.Box 94351
Riyadh 11693
Saudi Arabia
Tel: 488 0077
Fax: 481 0686

In Jeddah

Farhat Ullah
Vice consul
British Consulate-General
P.O. Box 393
Jeddah 21411
Tel: 02622 5550
Fax:02622 6249

In Al-Khobar

Sharif Musa
Vice Consul
British Trade Office
P.O. Box 1868
Al-Khobar 31952
Tel: 03882 5300
Fax: 03882 5384

Who will know that I have been detained?

It is essential that you or someone on your behalf inform the British Embassy or Consulate as soon as possible after your arrest. It is your right to do so. When a British citizen is arrested and detained in Saudi Arabia the authorities must inform the British Embassy but they may not do so for some weeks. We may be informed much more quickly by your sponsors, friends or relations. We will aim to make contact with you within 24 hours of being notified of your arrest or detention.

What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

What will the Embassy/Consulate do?

If you have no belongings and no money, we can supply an emergency 'arrest kit' of a towel and basic toiletries. In case they wish to transfer any money to you, we can tell your next-of-kin how to do so, without bank charges, through the Foreign & Commonwealth Office in London. Money for prisoners should be sent to:

The Foreign & Commonwealth Office
Desk Officer for Saudi Arabia
Consular Directorate
Old Admiralty Building
London SW1 2PA
Tel: 0207 270 3000

If you have dual nationality and are imprisoned in the country of your other nationality the British Consul cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the Foreign & Commonwealth Office in London.

At the Police Station
If you are arrested your sponsor or a Saudi National may be able to arrange for you to be released under the Saudi equivalent of bail. When the Embassy is informed of your arrest we immediately make contact with your employer if you are resident in Saudi Arabia or your Saudi sponsor if you are a visitor to make sure that they are taking the necessary steps to secure your release on bail. This procedure normally takes some time. A member of the Consular staff will endeavour to visit you within 24 hours of being told of your arrest.

While Imprisoned Awaiting Trial
If the Governor's Office- 'EMAARA' - recommends that your case be sent to court and you are transferred to Prison to await trial, we aim to visit you once a month, unless there are reasons to visit more frequently. However, permission to visit a prisoner requires the permission of the Saudi Ministry of Foreign Affairs and this can take some time to obtain.

When you have been Sentenced
If you are found guilty and given a prison sentence we will aim to visit once a month, but again this is subject to permission being obtained from the Ministry of Foreign Affairs. We will explain to you how to appeal against your sentence should you decide to do so, but your lawyer would be better placed to give you the correct advice on how to proceed. In addition we may be able to draw your case to the attention of the appropriate Saudi Authorities with the request that you be considered for release under the Annual Ramadan Amnesty.
If your sentence includes lashes, they will usually be administered in weekly instalments.
What the Embassy cannot do is insist that you receive privileged treatment on the grounds of your nationality or intervene in the Saudi judicial process

General
Whilst the Saudi Authorities are still reaching a decision on your case our main objective is to keep your papers moving and trying to ensure that the judicial process is completed as quickly as possible. We can arrange for your next of kin to be informed of your arrest should you wish. We will obviously keep you informed of all progress relating to your case.
The Embassy will act as a contact point between you and your family. Any monies sent by relatives from UK will be deposited by Consular officials with the officers at the 'Prison bank', who will in turn issue an official receipt in your favour. We will endeavour to ensure that all mail sent to you via the Embassy is given to you, once it has been passed through the prison censor.

The Criminal Justice System of Saudi Arabia

Is the system the same as in England?

In short, no. Islam is the state religion and the Saudi criminal law is based totally on Sharia law and is divided into two sections: Public Rights and Private Rights.
The Private Rights Section of the law is the area of law which allows an individual to claim restitution from another person if they are injured (either physically or materially) as a Result of the accused 's actions. It also gives the injured person's legal heirs the right to either claim or waive the right to claim for compensation or the imposition of a death penalty.
The public Rights section of the law is the area of law that allows the judicial authorities to pursue and prosecute an individual suspected of committing a criminal act.
Civil ' Private Right' cases are bailable but Criminal 'Public Right' cases are not. A person accused of a private right offence would be asked to provide either a financial guarantee or an appearance guarantee, or both.

What happens when I am arrested?

Once the Police have made an arrest they send a report to the Governor's office which should include a statement made by the defendant.
The Governor's office has four options open to it:
a) It can ask the defendant to sign a letter stating that the offence will not be repeated, after which he will be released. This letter will usually be signed in the police station where the person is being held.;
b) It can recommend immediate deportation as soon as it is practicable;
c) It can recommend that the prisoner be brought before a Sharia court trial and sentencing; or
d) It can pass the file on to the Ministry of Interior for a decision to be made as to how the case should proceed through the Saudi judicial process.
If the Governor's office do not see the offence as being particularly serious they can recommend that the police allow the defendant to be released into his/ her employer's or sponsor's custody against receipt of a guarantee letter. If such a release is permitted the defendant is not allowed to leave Saudi Arabia until the case is finalised (this process can take one to two months). If the Governor's office decides that the case is serious it will instruct the police to transfer the prisoner from the Police station to the local prison to be held pending a court appearance.
 
How long can I be remanded in Custody?

Initially an arrested person should be detained for no more than 24 hours. But an investigating officer can submit an application to the Governor's office for a further period of detention up to a maximum of five days. The General Prosecution Board may extend this period of detention up to a maximum of six months.
If the alleged crime is a serious one the Governor's office can refer the case to the Ministry of Interior or the Public Prosecutor's office at any time and they may authorise the continued detention of a person for a period not exceeding six months. Should the alleged charge be in relation to a security-related matter then a person may be held for up to a year or more without charge while investigations are being made.

Court Appearance
There is no jury system in Saudi Arabia. Trials are heard by a judge. They rely largely, at times solely, on police reports and there is no guarantee that your pleas will be discussed.
If a decision is taken by the Ministry of Interior or the Public Prosecutor's office to send an individual before a Sharia court the procedures are very different from those in the UK. The court consists of a judge, the court clerk and a prosecutor from the Public Prosecutor's office.. The Judge will read the file prepared by the Police, the Public Prosecutor's office and a statement made by the defendant. He will then ask a few questions from those involved and reach a decision. You will be allowed to have a lawyer represent you in court but he will not be allowed to cross examine witnesses or argue about statements presented by the either the police or the Public Prosecutor.
Should the Judge decide on a custodial sentence the sentence will run from the date of the arrest.

Legal Advice
Consular staff cannot give legal advice, but they can provide you with a list of local lawyers, some of whom speak English. They can also give you details of Prisoners Abroad which is a UK based charity (see address below) who may be contacted for further information on court proceedings and f local lawyers.
As in any country, some lawyers are better than others - including those who charge fees. If you do have to pay, it is wise to agree a flat fee for the whole case before starting or you may find yourself facing 'extra expenses'.
 
If you are convicted

Prison Sentences
No suspended sentences are given to foreigners.
Those who drink alcohol, which is prohibited, are punished. Sentences can vary from a few weeks or months to several years imprisonment for the consumption, smuggling, manufacturing or distributing of alcohol. .As well as a prison sentence a specific number of strokes (lashes) may also form part of the sentence.
The death penalty is frequently imposed on drug smugglers.
Murder and sexual offences such as adultery or homosexuality may also be punished by death .
Non payment of a debt is considered a crime and sufficient reason for imprisonment. If found guilty of such a crime you may be remanded to remain in prison until the debt is re-paid in full.

Appeals
There is a right to appeal against a sentence which must be submitted to the Appeal (Tamyeez) Court within 30 days from the date of the written court judgement. The appeal must be submitted by the court that made the original decision. The Appellate court decision is based on the records sent to them by the sentencing court. The convicted person (or his appointed lawyer) may send a written submission to the Appellate court - they will not be allowed to attend in person. If considering an appeal against a sentence it should be borne in mind that it is not uncommon for the appeal court to increase the sentence if they consider the initial sentencing Judge has been too lenient. In all cases details of the initial sentence will go to the Tamyeez court for confirmation.
Anyone sentenced to a custodial sentence is automatically deported at the end of the sentence provided there are no outstanding Private Rights issues.

Parole
There is no parole for foreign nationals.

Remission
Prisoners can benefit from a remission, based on good conduct, of up to 25% of their sentence.

Petition for Royal Pardon
Royal Pardons are granted by the King and petitions should be directly addressed to him.
The original petition should be sent to the King, via the British Embassy who will forward it directly to the Royal Diwan with a covering letter from HM Ambassador.
Decisions on Royal Pardons are taken case by case. There are no hard and fast rules for success, and not many are granted.
Obtaining a Pardon can be costly. Expect to pay for translations, possibly extra legal fees and your airfare home. It is essential that you have access to funds to cover these costs.
Your petition should be supported by letters from various people stating why you should qualify for a pardon. The most important of these should be from members of your family. Others should be from friends and past employers, plus one from either your doctor or another professional person such as a lawyer. It would also be useful to get a letter of support from your Member of Parliament. If appropriate you may request support from Prisoners Abroad. About half a dozen letters is enough, but obviously the more the better.
The process of collecting letters of support can take a long time, so allow plenty of time to do so. The letters should be written in, or at least translated into Arabic. In an emergency Prisoners Abroad may be able to help with translations. The Embassy also provides translation into Arabic for such letters, but this work cannot take priority over the other urgent tasks the Embassy translator has to deal with.

What should I say?

The actual content of your petition and its supporting letters will depend upon your individual circumstances. However, you must make clear that you:
* understand the seriousness of your offence
* repent your past conduct
* long for reunion with your family, homeland and culture
* wish to lead a socially useful life in future
* will never do wrong again
Priority may be given if there are strong medical grounds for an early release, but you are advised never to criticise prison conditions, even if they are making your health worse. 

 
When should I apply?

It is best to send your petition for a pardon to the King one to two months before an important Islamic event such as occasions of religious importance i.e. during the two Eid festivals when the King may grant Pardons to prisoners.
* You will normally have to pay off all fines before you are released from prison, unless you have been granted a Royal Pardon in which it is spelled out that you do not have to do so.
 
The Prison System and Prison Conditions
In this chapter you will find information on daily life in a Saudi Arabian Jail.
Compared to many countries prison conditions in Saudi Arabia are quite good. You will receive three meals a day and you may also buy additional food from the prison Grocery store, to supplement your diet. Your cell will be air-conditioned in summer and heated in winter and you will be provided with a mattress and a blanket. You will have reasonable access to shower and toilet facilities and drinking water in a communal area. You will be able to purchase toiletries or have them brought in. You will not have a prison uniform so changes of clothing are allowed which you must provide yourself. Medical treatment is available at the prison clinic. Doctors and outside specialists make regular visits to the prison. You may request a visit to a Doctor if you are unwell.

Prison Rules
Some prisoners find the mental pressure of imprisonment harder to deal with than the physical confinement. Like all prisons throughout the world, if you break the rules you risk being punished, including being put in solitary confinement, though this happens less often to Westerners. Fighting is a punishable offence, as is drug or alcohol taking or dealing. There have been reports that complaints about ill treatment are not taken seriously by prison officials. If you feel you have a justified complaint, you should let the Consul know at the earliest opportunity.

Islam influences all aspects of Saudi life, including attitudes to crime and punishment, especially drug and alcohol taking. Islamic ritual and prayer are part of daily life, in prison as much as outside. During Ramadan both prisoners and guards go all day without eating, drinking or smoking. Tempers can be short, so don't get drawn into any disagreements - remember that you are the foreigner and it is their country.
Depression troubles some prisoners. Feelings of isolation are normal, especially if you don't speak Arabic. The lack of mental stimulation, and facing up to a long sentence can affect your mental state.
When you have a consular visit it is up to you to explain exactly how you are feeling, mentally and physically. If you have a serious medical condition that has been ignored by the prison authorities you should mention it to the visiting Consular officer..
The range of medicines available free varies from prison to prison. The prison doctor can prescribe medicines to be bought by the consular staff on your behalf, although you must have funds to cover their cost. Prisoners Abroad has a medical fund for prisoners that have no source of money available to them.. It can help pay for essential medical or dental treatment. Prisoners Abroad also runs a vitamin programme which usually enables an Embassy to bulk-buy multivitamins for supply to British nationals. However, in Saudi Arabia various multivitamins may be banned if they do not adhere to stringent regulations. Consequently the Embassy does not bulk buy supplies preferring instead to buy smaller quantities after checking with the relevant authorities that proposed brands are quantities will be allowed to be given to prisoners.

Mail
You can receive and send mail but it must pass through the prison censor. Letters can be sent via the Embassy or Consulate to be brought in on visiting days. The Embassy no longer accepts parcels due to abuse of the system in the past. Any received will be returned to the sender.
You can have clothing and cigarettes sent to you. Magazines, books and newspapers are permitted, though they will be looked at and may be heavily censored. Nude pictures are strictly forbidden.
Although you are allowed to write in English, letters are subject to censorship. Prisoners Abroad can supply you with International Freepost envelopes so that you can write to your friends and family without having to pay for postage.

Telephone Calls
It is possible to make local telephone calls with limits on when, where to and for how long.
Telephone calls to family and friends in the United Kingdom have first to be authorised by the prison authorities who may only allow such a call perhaps once a fortnight, and limited it time to five or ten minutes. Prisoners have to purchase a telephone card from the prison shop to make these calls.

Visits by Family or Friends
You are allowed to be visited according to the following schedule:-

Facility:Visiting Days/ Hours

Riyadh
Malaz/Alhair Prisons Tuesday (1500 -1700 )
(For Men )
Malaz Prison Thursday ( 0900 - 1100)
(For Ladies)
Drugs Detention Centre Subject to permission from
Ministry of Interior.
 
Eastern Provice
Thoqbah Prison Tuesday (15:00 - 17:00)

Dammam Prison Tuesday (15:00 - 17:00)

Jeddah
Briman Prison Tuesday (15:00 - 17:00)
Dhahban Prison By prior arrangement only



Consular Visits
Consular staff will try to visit prisoners at least once every six weeks although if there is an emergency they will try to make a special visit. However, as all visits must be pre-arranged through and authorised by the Ministry of Foreign Affairs these schedules can often not be observed.
 
Other Sources of Help While you are in Prison

Prisoners Abroad
For more than twenty 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 guilty or innocent, convicted or not. PA is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their 'aftercare' service. They can also provide support and advice to your family during your imprisonment, if you wish.
On seeking help from PA, you will be assigned a named caseworker who 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,
* the criminal justice system of the country, legal aid and court proceedings
* finding a lawyer
* prison conditions and your rights as a prisoner
* funding for courses
* obtaining magazines or books
* finding a pen pal
* providing a grant for essential medicines and toiletries* preparing for release
* help and advice on a range of issues you may be facing, or referrals to more specialist organisations where appropriate
* help with staying in touch with your family or your children
* staying fit and healthy in the prison environment[g1]
 
Prisoners Abroad
89 - 93 Fonthill Road
London N4 3JH
England
Telephone 00 44 (0)20 7561 6821
(Mondays to Fridays 9.30 am to 5.30 pm)
Email: info@prisonersabroad.org.uk
Website: www.prisonersabroad.org.uk

Prison Fellowship International
Prison Fellowship is a Christian organisation that gives support and help to people of all religions and those with none. It has members in 88 countries; they can visit or write to prisoners. They also work with ex-prisoners and their families through their local group network.
Prison Fellowship, England and Wales
PO Box 945
Maldon
Essex CM9 4EW
Tel: 0044 (0) 1621 843 232
Fax: 0044 (0) 1621 843 303
Email: prisonfellowship@dial.pipex.com
Prison Fellowship, Scotland
110 St James Road
Glasgow G4 0PS
Tel/fax: 0044 (0)141 552 1288
Email: pfscotland@cqm.co.uk
Prison Fellowship, Northern Ireland
39 University Street
Belfast BT7 1FY
Tel/fax: 0044 (0)2890 243 691
Email: info@pfni.org

The Salvation Army
The Salvation Army International HQ
101 Queen Victoria Street
London EC4P 4EP
Tel: 0044(0)20 7332 0101
Fax: 0044(0)20 7329 6970
 
After Your release
Sometimes people find that a new set of problems arises 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 Britain and have no ties 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 work out what to do next.
When you first arrive back in Britain you can visit Prisoners Abroad (see address above) on weekdays between 10 am and 4 pm for advice, to take a shower, use the temporary luggage store, make essential phone calls or use a computer. Prisoners Abroad has two resettlement workers who can help you with applications for emergency accommodation, welfare benefits and referrals to specialist agencies. 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, PA's Aftercare Service can help with -
* advice on finding emergency accommodation in the London area
* claiming welfare benefits, including emergency benefit payments if you are destitute.
* making appointments with doctors and dentists
* putting you in touch with local agencies if you are not returning to the London area.
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 (see address above), UK Helpline - 020 7367 4888, Monday to Friday 8 am to 4 pm, or contact your local branch and The Prison Fellowship (see address above).

Prisoners Abroad

What They Do
Prisoners Abroad is a UK-based charity, which provides information, advice and support to Britons detained overseas, to their family and friends and to released prisoners trying to re-establish themselves in society.
How Prisoners Abroad Can Help:
Grants:
* Financial assistance for those prisoners who qualify in the form of a number of grants, includng regular payments to buy essentials in developing countries and a medical fund
* Financial assistance for those friends and family who qualify, towards the cost of a visit
Information:
* Provision of information on prison and criminal justice systems
* Liaison with the Foreign and Commonwealth Office, prison social workers and other relevant organisations in the UK and abroad
* Guidance and advice to families and friends
Reducing Boredom and Isolation
* Social contact and support via a pen-pal scheme, and the provision of books and magazines
* Provision of reply-paid envelopes to encourage continuing contact with relatives and friends
Resettlement
* A resettlement service that can assist a returned prisoner in accessing welfare benefits, emergency accommodation and liaison with appropriate UK-based services.
In order for a detained or returning British national to receive Prisoners Abroad services, they must:
* Be a British Citizen with a right of abode in the UK
* Be in prison in another country
* Register with Prisoners Abroad prior to their return to the UK, via the form available directly from the London office or downloadable from the website.
In order to receive a grant payment, a client must not be in receipt of regular money from any other source. This must be verified by consular staff prior to any payment being authorised. If payments from another source begin at a later date to be made regularly, Prisoners Abroad must be informed.
Further information about Prisoners Abroad can be found on www.prisonersabroad.org.uk. Prisoners Abroad can be contacted on +44 (0)20 7561 6820 or e-mail info@prisonersabroad.org.uk.