Prisonerpack British Office Taipei 2015

P a g e | 1

Information Pack for British Prisoners in Taiwan

Author: British Office Taipei Date: August 2017

British Office 26F President International Building, No. 9-11 Song Gao Road Taipei 11073, Taiwan; Tel: +886 2 8758 2088; Email: [email protected] UNCLASSIFIED

Contents Introduction 4 Who can help? 4 About the British Office 4 Who are the consular representatives? 4 Contact information 4 First Steps 5 Who will know I have been detained? 5 What will my family be told? 5 What will the British Office do? 5 We will 5 We cannot 5 Will I have a criminal record in the UK? 6 Consular visits 6 How do my family and friends arrange a visit? 6 How many visits am I allowed? 7 What can visitors bring? 7 Prison conditions/services 7 Arrival at police station 7 Arrival at prison 8 General prison conditions 8 How can I receive money? 9 Can I work or study in prison? 9 Can I receive medical and dental treatment? 9 Food and Diet 10 Mail/Parcels 10 Can I make telephone calls? 10 Leisure and entertainment 10 Drugs 11 How can I make a complaint about mistreatment? 11 The Taiwanese judicial system 11 Is the system the same as the UK? 11 What should happen when I am arrested? 11 For how long can I be remanded in custody? 11 What happens when I am charged? 12 What provision is there for bail? 12 What kind of legal assistance is available? 12 What happens at the trial? 13 How can appeals be made? 13 What provision is there for reduction of sentence (remission) e.g. for good behaviour? 14 What provision is there for early release e.g. on parole? 14 What provision is there for clemency or pardon? 14 What about any financial penalties? 14

UNCLASSIFIED D:\Docs\2018-04-14\042cfae6a24b6e163699220784284f08.docx P a g e | 3

Is transfer to another prison within Taiwan possible? 14 Is transfer to the UK a possibility? 14 What are the procedures for release and deportation? 15 Prisoners Abroad 15 Other useful addresses 16 Disclaimer 17

Introduction

Who can help? The Foreign and Commonwealth Office (FCO): The FCO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries and British Office in Taiwan). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

About the British Office: We are impartial; 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 prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. A list of lawyers is provided by the British Office for your convenience, but neither Her Majesty’s Government, nor any official of the British Office, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison. We cannot secure you an earlier trial date and we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British Office cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the consular representatives? The British Assistance & Services Section (BASS) at the British Office will be able to assist you. Our staff are:

Mrs Bhupinder Gill Miss Sophie Lin Head of British Assistance & Services Section British Assistance & Services Officer Tel: +886 (0)2 8758 2088 ext 2056 Tel: +886 (0)2 8758 2088 ext 2057

Our address and office contact details are:

British Office 26F President International Building No. 9-11 Song Gao Road Taipei 11073 Taiwan Tel: +886 2 8758 2088 Fax: +886 2 8758 2060 Email: [email protected]

Duty Officer (for use in an emergency only out of office hours) Mob Tel: 0921 926 064

First Steps

Who will know I have been detained? The Taiwanese authorities are under no formal obligation to inform the British Office that you have been detained, efforts are made to ensure that we are aware of your situation. But we are sometimes informed by the media, through friends or family, other prisoners or exceptionally by the FCO in London.

What will my family be told? We will not tell your family about your detention without your permission. If you say you would like us to inform your family of your arrest we can do so. If you are unable to communicate with your family directly we can pass on basic messages for you, but we cannot tell your family anything that is untrue. In some circumstances the police may try to contact your family directly as part of their investigation. It is possible that your family can find out the reasons for your detention via the internet. Furthermore, informing your family would relieve them from worry about your welfare and they may be able to help you financially.

What will the British Office do? We will:

 aim to contact you within 24 hours of being told about your detention;  aim to visit you, if you want us to, as soon as possible;  provide general information about the relevant location, prison conditions and local legal system, including whether local legal aid is available;  provide a list of local lawyers and interpreters;  make sure any medical or dental problems are brought to the attention of the police or detention facility medical staff;  take up any justified complaints about ill treatment, personal safety or discrimination;  contact your friends or family, if you want us to. We can also forward short messages if you are unable to do so;  forward money to you sent from family or friends;  consider approaching the local authorities if we feel that you are not being treated in line with internationally accepted standards regarding fair trials or prisoner’s rights.

In the longer term, we will:  aim to visit you every three months (for those in pre-trial detention) or every six months (for those in post-trial detention);  send you money from your family.

We cannot:  get you out of prison or detention, or get you special treatment because you are British;  post bail for you;  accept custody of you or guarantee your appearance in court;  investigate your case or pay legal fees;  offer legal advice, start legal proceedings or investigate a crime;  pay for any costs incurred as a result of being arrested;  forward prisoners parcels sent by family and friends;  prevent the local authorities from deporting you upon your release.

Will I have a criminal record in the UK? You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Visits

Consular visits If you want us to visit, a BASS officer will visit you as soon as possible after your initial arrest. Visits in police stations are not subject to the same restrictions as visits by your friends and family. You will be able to talk to your BASS representative in English and in private.

We will then visit you every three months while you are held on remand. If you are convicted and receive a custodial sentence, BASS staff will aim to visit you in prison once every six months. These meetings are also private.

How do my family and friends arrange a visit? If you are being held in custody without any communication restrictions, generally speaking you are allowed to receive visits from family and friends. Visitors are required to fill out a request form and wait for a free room. A police officer will be present in the room and conversations may be recorded on paper. Visits are usually 20-30 minutes long and can be stopped at any time without notice.

Depending on the seriousness of the charges the Investigating Prosecutor may not allow any visits from friends or family. This is typical in the case of serious offences such as drug smuggling. The Taiwanese authorities state that this prevents detainees interfering with witnesses or destroying evidence.

The extent of restriction is set by the court or investigating Prosecutor but generally means you will not be permitted to communicate with anyone except your lawyer and a BASS officer. This includes written communication, whether sending or receiving, as well as visits. It also means you will have limited or no contact with other detainees. A lawyer can apply to have the restrictions lifted, but it is rare for the judge or Prosecutor to allow this. Restrictions are normally lifted once the trial has come to a conclusion.

Visiting procedures in prison are different from police stations and detention centres. When a detainee is initially held in the observation cells they are permitted to send and receive one letter per week. If a detainee wishes to make a telephone call an application must be submitted to their responsible prison officer, approved they will be permitted to make a 3 minute telephone call, usually every three months. The BASS officer or lawyers will be permitted to visit throughout this period.

The detainee will then be relocated to either normal cells or solitary confinement. In normal cells detainees are permitted to write and receive letters on a daily basis. However, telephone calls are still restricted to 3 minutes every three months. Visits are not restricted at this point.

If the detainee is relocated to solitary confinement their communication rights are restricted. They are permitted to write one letter per week and can only be visited by their lawyer or BASS officer, family and friends will not be permitted to visit. Telephone calls are forbidden.

A prison officer is always present at the meetings and may takes notes or records the conversation.

How many visits am I allowed? Most police stations impose a limit of one visit of up to two people per day for detainees who are not under a communication restriction. The regulations for visiting and sending letters to and from detention centres are normally the same as at police stations but will vary depending on the seriousness of the offences. In prisons, the permitted number of visits varies between institutions and also depends on the particular cell the detainee is currently being held in.

If family and friends are in the UK they should seek advice from the FCO Consular Directorate in London before travelling to Taiwan by telephoning +44 (0)20 7008 1500 and asking for the Consular Desk Officer for Taiwan. If your family are in Taiwan they can contact the British Office for advice.

What can visitors bring? Visitors to police stations and detention centres can normally bring clothes and some toiletries. They will normally be able to leave money for you so that you can buy toiletries, snacks, stationary and other items from a list supplied by the detaining authorities.

Visitors may be able to leave books for you, though these may be declined if the content is not considered appropriate. Detainees under communication restrictions are permitted to receive clothes, and money from family/friends (but not letters or visits).

In prison, you are able to receive books, magazines, money, and food items purchased from the prison shop (only) weighing no more than 3kg. No liquid or powder substances will be permitted. The prison facilities will not allow any clothes to be given to you as they will provide a uniform to you.

Prison conditions/services

Arrival at police station Before indictment you will usually be held at the police station nearest to where you were arrested. However, if you were arrested with another person, you may be moved to a different facility or if the facilities are inadequate (for example if you are a woman and the police station has no facility for female detainees).

At the police station you will undergo a full medical examination and then be allowed to bathe and obtain clean clothing from the police once a week. Some police stations allow you to purchase extra food. Air-conditioning and heating are often very basic. You will not be allowed to smoke.

The police will keep your personal items in a secure locker, you may be able to request some items on a daily basis. They will also look after any money that family or friends have brought in. In serious cases (i.e. drugs importation arrests at the airport) your belongings (including money) that you had with you at the time of your arrest are likely to be held as evidence by the prosecutor and will not be returned until you are released or until after the trial is over.

You may be transferred to a detention centre while your case is being investigated and tried. You will generally be kept in a cell with up to two other detainees (usually with detainees who cannot speak English) and given a schedule advising when you must sit quietly and read, when you can exercise, bathe and when food will be provided. Detention centres have laundry facilities and you can wear and keep your own clothing in your room. You are able to purchase snacks and some food items (e.g. bread and fruit). You cannot smoke. Air-conditioning and heating are usually very basic. British Office 26F President International Building, No. 9-11 Song Gao Road Taipei 11073, Taiwan; Tel: +886 2 8758 2088; Email: [email protected] UNCLASSIFIED

Money is held in an account and you access it by submitting a formal request to your responsible officer.

If you need to see a doctor or dentist you will also need to complete and submit a medical appointment form to your responsible officer.

Arrival at prison If you are convicted and given a custodial sentence you will be transferred to a prison in Taoyuan.

Taipei Men’s Prison (Taoyuan) Taoyuan Women’s Prison No.2, Hong The Village No.617, Sec. Sanlin, Jungjeng Rd., Shanyin Rd, Kwei-Shan Lungtan Township, Taoyuan, Taoyuan 33307 Tel: +886 (0)3 480 7959 Tel: +886 (0)3 319 1119/+886 (0)3 319 1120 Fax: +886 (0)3 480 7967 Fax: +886 (0)3 350 4663 E-mail: [email protected] www.tyw.moj.gov.tw

Exact procedures vary between prisons but on arrival prisoners will initially undergo a full medical examination and then kept under observation for 4 weeks. Observation cells are usually quite cramped and hold between 7-9 detainees. During this period you will be told about the rules and regulations and provided with a schedule.

Once you have passed the observation period you will be relocated to normal cells where your skills will be assessed and accordingly you will be assigned to a particular ‘factory’, this is a workshop in which you will need to make specific items and will be paid a up to 200NT (£4) per month. Any funds you earn or receive will be kept in your personal prisoner account, you can use the funds in this account to purchase items from the prison shop.

If after observation you are relocated to solitary confinement you will not be permitted to join a factory or purchase items from the prison shop. However, a prisoner account will be set up for you.

General prison conditions Most prisoners spend the majority of their time in the prison factories (see below) or in their cells. Depending on your behaviour you will be given time to leave your cell and participate in factory work, outdoor exercise and other activities (i.e. language, sports or music lessons).

You may be given access to other foreign detainees but this will depend on your responsible prison officer.

Once you have passed the observation period you will be relocated to normal cells. The cells are usually shared by 2-3 detainees. You will be given your own foam mattress, blankets can be purchased at the prison shop. Bathroom/washroom facilities are shared by a number of detainees.

A basic medical hospital ward is situated in all prisons. There will also be a duty doctor and nurse available 24 hours at all facilities for emergencies only. If your condition is not considered to be urgent by your responsible officer you will need to complete a medical application form to pre-book an appointment.

Communication with other prisoners is limited, as talking is only permitted at certain times, such as exercise periods and breaks. Talking is not permitted during work or in factories. Prisons operate systems of punishment and reward. Good behaviour, success at work, and length of time served may all lead to an increase in rank. Privileges depend on rank with more senior prisoners often being allowed more visitors or to make longer telephone calls.

How can I receive money? You can receive cash in Taiwanese Dollars (TWD) at police stations. However, if you are in a detention centre or prison funds can only be transferred in to your prisoner account. If you family or friends are in Taiwan, they can go to the detention centre or prison institute directly to deposit the money.

If your family or friends are in the UK, the Foreign Office can help them transfer money to you. If your family or friends in the UK want to send you money they should post it to Foreign Office. The address is:

Accounts Receivable Foreign and Commonwealth Office Corporate Services Centre PO BOX 6108 Milton Keynes MK10 1PX

Payments by Postal Order, bankers Draft or Building Society cheque should be crossed and made payable to “The Foreign and Commonwealth Office”. They should be sent to the address above.

We recommend that ypu use Recorded or Special Delivery. Please ensure that you include a note briefly explaining who the money is for and why.

If your family live in a country other than Taiwan or the UK, they should contact the nearest British Embassy or High Commission for advice on how to send money. We cannot accept and forward any money sent directly to the British Office.

You are only permitted to receive up to 8,000TWD (approx £160) per day. This amount will be reduced if you are being detained in solitary confinement.

Can I work or study in prison? If you are being held in normal cells you will be required to participate in factory work. The factor you are assigned to will be based on the assessment of your skills. Majority of foreign prisoners are assigned to the paper bag or card factory.

Generally, inmates can be asked to work up to eight hours per day Monday to Friday with two breaks, including one for lunch. Prisoners receive money for work done but the pay is very low.

Depending on your behaviour you may be given the opportunity to undertake a learning and development course including IT, languages and music. However, classes are limited and the demands for these are high.

Can I receive medical and dental treatment?

If you need urgent medical attention while detained you should inform the nearest police or prison officer.

Most police stations do not have an on call duty doctor. On arrest a doctor will be called to give you a medical examination within 2 hours. Following this a doctor will not visit you unless you report a medical concern or the duty officer has concerns regarding your health.

If you need urgent medical attention the police should call a doctor or take you to a hospital. If you take regular medication, you will not be allowed to use it; but the police should arrange for you to get a medication from the police doctor. Medicines prescribed in the UK or other countries are sometimes not available in Taiwan. In these cases you are likely to be given the nearest suitable equivalent. You can tell the BASS officer who visits you if you have any health problems, are on any medication, or have any allergies; we can make the police aware of these if you wish.

In a detention centre or prison there will always be basic medical equipment and medical professionals on sight. If you have urgent health concerns you will be able to consult the doctor or nurse immediately. If you’re medical condition is not considered urgent you will need to apply for an appointment.

You will be required to pay for medical, dental treatment and medication unless the matter is an emergency. You will usually be charged a fee of 200TWD (£4) per appointment, additional costs may be added depending on the treatment you receive

Waiting times for dental treatment can be particularly long. If you have difficulty obtaining suitable treatment for a serious or urgent medical problem please inform us by letter and we may raise your treatment with the detention facility. If you have difficulty obtaining suitable treatment for a less serious problem please tell your consular officer when they visit.

Food and Diet You will be provided with meals three times per day. The food is very basis, usually a bread-based or rice-based meal.

The meals will cater primarily for Chinese taste and little western type food is provided and you are not given a choice of diets. If you have religious reasons or allergies, meals without pork or vegetarian diets are available, but you will need to submit a request for an allergy test or religious change. Additional food can be purchased by detainees at the prison shop using their own funds, items include fruit, vegetables, biscuit based snacks and noodles.

Mail/Parcels You are permitted to receive and send an unlimited number of letters while detained at a police station (though these letters are subject to examination by the police). You should be able to write to the British Office in English and the police must send your letters to the British Office without delay. However, if your offense is deemed serious then the investigating prosecutor may restrict these rights, so that you are only able to contact the BASS officers and your lawyer.

In prison if you are in normal cells you will be permitted to send and receive letters on a daily basis. However, if you are held in solitary confinement you will only be able to send one letter per week. All incoming and outgoing mail is first reviewed by a prison staff before being forwarded.

We cannot accept parcels on your behalf. Before a parcel can be sent, you must write to the prison authorities stating the reasons for the items. After approval has been given, the parcel may be sent. Details such as contents, quantities, name and address of sender should be clearly printed on the parcel. The weight limit for each parcel is 3 kg. Liquids, powders, pirated goods, marked books or pornography cannot be sent. If you intend to have medicine sent to you by post, you must first obtain a medical prescription from the prison medical unit. The prescription must also be included with the medicine when it is posted. Only one parcel can be received a month (although exceptions will be made on a case-by-case basis).

Can I make telephone calls? Taiwan's Ministry of Justice regulations state that you are allowed access to a telephone once every 3 months (for approximately 10 minutes). But you must apply for authority in advance before each telephone visit. Extra telephone privileges are sometimes given during certain Chinese holidays.

Leisure and entertainment Taoyuan prisons offer Mandarin language classes, Music classes and IT classes. However, due to the high demand for these activities it is often difficult to enrol in these. However, you can discuss such activities with your responsible officer before submitting an application.

Most detention centres and prison facility officers will also encourage detainees to participate in sports activities and daily exercise unless they have a medical/health condition.

Drugs We are not aware of any British prisoner ever having access to or being exposed to illegal drugs while in detention in Taiwan. Cigarettes are not allowed in Taiwanese detention or prison facilities.

How can I make a complaint about mistreatment? We can take up, at your request, any justified complaint about ill treatment or discrimination with the police or prison authorities. We will also make representations if your trail is unreasonably delayed, or is not conducted according to due process. Although we can ensure that any medical problem that you have is brought to the attention of the prison doctor, we cannot petition to get you better treatment than a Taiwanese prisoner.

If you are being threatened by other inmates or prison guards or believe that your life is in danger, please let us know as soon as possible.

The Taiwanese Judicial System

Is the system the same as the UK? The Taiwanese criminal justice system is very different to that in the UK. We recommend you read this information as soon as possible after receiving this document.

What should happen when I am arrested? The British Office should be informed promptly when you are arrested. We then aim to contact you within 24 hours.

While at the police station you will be questioned by detectives and the investigating prosecutor. It is not unusual for these interviews to be very long. If you cannot speak Mandarin an interpreter should be present. You can also insist that a lawyer be present and you will be given the option of calling a lawyer yourself or appointing the on-call lawyer. The on-call lawyer may not be able to

British Office 26F President International Building, No. 9-11 Song Gao Road Taipei 11073, Taiwan; Tel: +886 2 8758 2088; Email: [email protected] UNCLASSIFIED speak English but this service will be provided free of charge. All interviews will be taped and recorded.

For how long can I be remanded in custody? Initial arrest – the first 48 hours: Under Taiwanese law, you can be arrested and detained without bail for 24 hours by the police on suspicion of having committed a crime. During this period, the police are required to inform you of the crime of which you are suspected, of your right to remain silent, of your right to hire a lawyer at your own expense and of your right to have the British Office notified of your arrest. If the police believe they have enough evidence to detain you, they must present this evidence for a preliminary hearing within the initial 48-hour detention period.

The investigating prosecutor will have to detail all evidence to a Judge who will also decide on a bail application if one is submitted. If the Judge issues a warrant for detention and a bail application is refused then you can been detained for up to 2 months at a detention centre.

A case can be dropped at either of these stages for lack of evidence. The first 48 hours are therefore very important.

Under investigation – the next 60 days: In this time the prosecutor and detectives will continue to investigate the matter. At the end of the 60 day the Prosecutor must either withdraw all charges or file a formal indictment to the court. An indictment could be sought sooner if there is enough evidence. Alternatively, the detainee could be released earlier if there is no adequate evidence or a settlement reached with the injured party.

Court: Your case will then be presented at the District court if found guilty you will be required to either pay a fine or serve a prison sentence. If you are sentenced you are entitled to appeal to the High court. If you do not submit an official appeal within 10 days one will be submitted on your behalf by the local authorities. If this appeal is rejected it is unlikely that the Supreme Court would consider a second appeal.

What happens when I am charged? When formal charges are filed, the case is forwarded to the public prosecutor for investigation.

The prosecutor determines whether a case can be made against you. There is no grand jury; instead, the prosecutor conducts investigative hearings. Defence lawyers are permitted to attend these hearings but their role is limited. During the investigation, a defence lawyer might ask the prosecutor to speak with witnesses favourable to the defendant or to consider evidence, but may not cross- examine witnesses or petition for disclosure.

If the prosecutor determines there is sufficient evidence to proceed they will determine whether further detention is necessary or whether bail can be granted. If bail is granted, you must find a guarantor who is willing to post bail and to ensure that you will appear at subsequent legal proceedings. A locally hired lawyer can act as a guarantor. The British Office cannot act as a guarantor.

You may be held in detention for a period of two months. This period can be extended once, for a total of four months. If after four months the prosecutor has not gathered sufficient evidence for an indictment, you will be must be released, though an indictment can be brought at a later date.

What provision is there for bail? Before being indicted, no suspect, in principle, is entitled to bail. In serious crimes, such as drug smuggling, bail is rarely granted. However, for minor crimes bail is sometimes granted. If you would like to apply for bail, please discuss your request with your lawyer.

What kind of legal assistance is available? The following legal assistance is available:

1. Duty Lawyer Cost: No charge Ability to speak English: Very limited Frequency: Will stay with you during interrogation/interview only.

2. Private Lawyer Cost: Generally require 10,000TWD (£200) as a retainer. However, costs can vary according depending on your decision to appoint a lawyer with experience or a trainee. Additional costs: May be incurred if you require your lawyer to assist with a bail application or attend trial. Frequency: According to your budget. How to apply: Can ask arresting officer, the British Office will also provide you with a list of lawyers. 3. Legal Aid Hotline: (02) 6632 8282 available 24 hours Charges: Assessed according to your income and assets in Taiwan. Ability to speak English: Majority of staff are able to speak English. Ability to assist: The appointed lawyer will remain with you during interview stage, bail application and initial trial. How to apply: The British Office with provide you with information. You can also ask the arresting officer.

What happens at trial? If the prosecutor determines that sufficient evidence exists to prosecute, a formal indictment is filed and the case is turned over to the District Court for trial. An initial trial date is set by the District Court Judge assigned to the case. On the trial date, the accused is taken to court either from the

British Office 26F President International Building, No. 9-11 Song Gao Road Taipei 11073, Taiwan; Tel: +886 2 8758 2088; Email: [email protected] UNCLASSIFIED detention centre or, if released on bail, called to appear through a summons. Trials in Taiwan often occur in stages, which may be separated by periods of weeks or even months. The Judge is expected to act as an impartial referee. Defence lawyers and prosecutors are considered equal participants in the trial. Defence lawyers have the right to cross-examine prosecution witnesses and to present witnesses beneficial to the defence.

A public defender will be provided only in cases involving a possible maximum sentence of three years or more. An interpreter will be assigned to the case if required. If a BASS officer attends they cannot act as an interpreter or provide legal counsel.

The Judge renders the final verdict. There is no jury. If you are found guilty, the Judge determines the sentence. If you are found not guilty you will be released. In either case, a written copy of the decision will be sent to you or your lawyer.

How can appeals be made? Once the court has issued the judgment, your lawyer may file an appeal. You may also request the assistance of a detention centre official in preparing an appeal. The appeal must be lodged within ten days for criminal cases and twenty days for civil cases. The prosecution also has the right to appeal and frequently does so.

There are three levels of courts in Taiwan. The District Court is the basic court in which most criminal trials are held. Appeals from the District Court are made to the High Court, and ultimately to the Supreme Court. (In some minor cases involving summary court judgments, cases are appealed to a panel of District Court judges). Decisions made by the Supreme Court are final and no further appeals will be considered.

What provision is there for reduction of sentence (remission) e.g. for good behaviour? Your behaviour in prison may affect the likelihood of your receiving parole but prisoners cannot earn remission.

What provision is there for early release e.g. on parole? Assuming you maintain a record of good conduct, parole is usually considered after a prisoner has served half of the sentence. Parole is granted by the Ministry of Justice based on a recommendation from prison officials. Foreigners are usually deported from Taiwan as soon as they are paroled.

What provision is there for clemency or pardon? If a prisoner becomes extremely ill and their life may be in danger, it may be possible for the enforcement of sentence to be suspended. However, such applications are very rare and must be submitted by your lawyer. There is no legislation confirming the criteria for clemency and the decision to accept a request would be discretionary. What about any financial penalties? If a financial penalty is imposed this cannot be paid by the British Office. You will be served with details from the Prosecutor’s office on the amount, how to pay and when the fine must be settled. You should not attempt to leave Taiwan without having paid all fines, if you do you will be arrested and detained and the Prosecutor’s office will seek to impose further charges.

Is transfer to another prison within Taiwan possible?

Once you have been tried and convicted, you will be transferred from your detention centre to a prison where you can expect to serve your sentence. Transfers to other Taiwanese prisons are permitted but only if there are exceptional or compassionate grounds for doing so. Transfer requests to open prisons will only be considered for prisoners sentenced to less than 5 years for non-violent crimes.

Is transfer to the UK a possibility? The UK and Taiwan have signed a ‘Prisoner Transfer Arrangement’, Prisoners are therefore able to apply for transfer to the UK to serve out their sentence. The application process and eligibility criteria are set out in detail in the enclosed copy of the document. Prisoners are only able to apply for a transfer once all appeal rights have been exhausted and if the final sentence amounts to at least 12 months imprisonment. This arrangement also does not apply to those holding a ‘British National Overseas’ passport and both the Ministry of Justices in the UK and Taiwan would have to approve the application.

Your Consular Officer can take you through the process in more detail.

What are the procedures for release and deportation? Assuming a detainee maintains a record of good conduct, parole is usually considered after a detainee has served half of the sentence. Parole is granted by the Ministry of Justice based on a recommendation from prison officials. Foreigners are usually deported from Taiwan as soon as they are paroled.

If a parole application is successful the detainee will be transferred to the nearest Immigration Detention Centre. On the day of departure the detainee would be escorted to the airport and on to the flight. It can take several months after a successful parole application to the date of departure.

Prisoners Abroad 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 British Nationals, whether guilty or innocent, convicted or on remand. 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:

 your rights as a prisoner and issues that may affect you such as health or transfer to the UK  obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter  writing to a pen pal  learning the language of your country of imprisonment  translation of documents  grants for food if you are in a developing country and do not have funds from other sources;  grants for essential medicines and toiletries if you do not have funds from other sources;

 preparing for release  help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Free-phone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

Other Useful addresses:

Fair Trails International: Temple Chambers 3/7 Temple Avenue London EC4Y 0HP Tel: +44 (0) 207 822 2370

Prisoners Abroad 89-93 Fonthill Road Finsbury Park London N4 3JH United Kingdom Tel: +44 (0)207 561 6820 Helpline: +44 (0)808 172 0098 Fax: +44 (0)207 561 6821 Email: [email protected]

Somebody Cares UK c/o Addaction 67-69 Cowcross Street London EC1M 6PU Tel: +44 (0)207 251 5860 Fax: +44 (0)207 251 5870 Email: [email protected]

Amnesty International UK Human Rights Action Centre 17-25 New Inn Yard London EC2A 3EA General enquires line: +44 (0)207 033 155 Email: [email protected]

Amnesty International Taiwan 3F, No.14, Lane 165 Section 1 Sin-Sheng S Road Taipei City 106 TAIWAN Tel: +886 2 2709 4162 Fax: +886 2 2709 4482

Disclaimer

This booklet was compiled by the British Assistance & Services Section, British Office Taipei. It is revised on a regular basis.

If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British Office in Taipei is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

November 2015

British Office 26F President International Building, No. 9-11 Song Gao Road Taipei 11073, Taiwan; Tel: +886 2 8758 2088; Email: [email protected]