Arrested or in prison in Andorra

Key points

Overview

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 prison, or pay for services such as a lawyer. Read about who we can help in our guide Support for British nationals abroad, including the circumstances in which we can assist dual nationals.

This information pack aims to give you and your family and friends, information about the local system in Andorra and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Consulate, or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British Consulate even if you do not 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.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we 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 Andorra, notification by the authorities to the Consulate normally takes place within 24 hours or the next working day.

We can also:

• provide a list of local English-speaking lawyers
• provide, on request, a list of official translators/interpreters which is available on the Andorran Ministry of Foreign Affairs’ website
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• explain how to transfer money to you from your friends or family. We can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

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

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

Informing the UK police

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. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Andorra.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system. We can also give you a list of local interpreters and a list of English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Detention conditions in Andorra

Visits: friends and family

Who can visit you and how to arrange visits

Anyone who wishes to visit you should consult FCDO travel advice before travelling to Andorra for the latest information on safety and security, entry requirements and travel warnings.

Visits

Your family and friends can request to visit you while you are detained. They will be asked to provide documentation to prove their relationship with you by providing documents, such as:

• passport
• relevant birth / marriage / civil partnership / certificate
• children’s birth certificates
• change of name by deed poll

The documents presented will be verified by the prison and your visitors will be registered by the prison authorities. Registration includes having their fingerprints and photograph taken.  It is at the discretion of the prison authorities which documents will be accepted as proof of relationship.

They must arrange a date and time for the visit at least 24 hours in advance and a maximum of 1 week beforehand. This can be done either in person at the information desk or by calling (+376) 802 525 (option 1) from Monday to Friday from 10:00 a.m. to 8:00pm.

Minors should be accompanied by a parent or their legal guardian.

Prison staff plan the times, days, and types of visits based on the status of your legal proceedings (on remand or sentenced). The person visiting you can get information about this at the prison’s information desk.

Glass visits

These are visits for family and friends which last for 15 minutes. They take place in a booth where you will be separated from the person visiting you by glass. You can receive a maximum of 3 visits per day and 3 visitors per booth.

Visiting hours:

From 9:30 to 13:00 and from 14:30 to 20:00

• prisoners on remand: Tuesdays and Thursdays

• sentenced prisoners: Mondays, Wednesdays and Fridays

Family communication visits

Direct family members can arrange 1 weekly visit for 30 minutes. This visit takes place in a collective room with a maximum of 5 visitors at a time. These visits can be arranged 7 days from the date you enter prison.

Visiting hours:

From Monday to Friday from 09:30 to 12:30 and 14:30 to 19:45

Saturdays and Sundays: 09:30 to 12:30 and 15:30 to 18:30

• prisoners on remand: Mondays, Wednesdays, Fridays or Saturdays

• sentenced prisoners: Tuesdays, Thursdays and Sundays

How your friends and family can register with the prison

Friends or family members will have to prove their relationship with you by providing documents, such as:

• passport
• relevant birth / marriage / civil partnership / certificate
• children’s birth certificates
• change of name by deed poll

The documents presented will be verified by the prison and your visitors will be registered by the prison authorities. Registration includes having their fingerprints and photograph taken.  It is at the discretion of the prison authorities which documents will be accepted as proof of relationship.

In the case of a common-law relationship, it will be necessary to provide documentary proof (original copies) of the relationship, such as:

• joint tax declaration
• statements for shared bank accounts
• shared residential leases
• bills for shared utilities accounts (for example, electricity, gas, telephone)
• other documents as proof of living together.

Translations into Catalan are not required. The prison staff will decide which documents they will accept as proof of relationship.

What your family and friends can expect when they visit you

Prison staff may search visitors, who must avoid bringing items that trigger the metal detector alarm. Prison staff do not normally directly supervise glass visits. Open visits    are for family only and they take place in a private room without direct supervision by wardens. There are different types of open visits (e.g. conjugal, family), so you should check with the prison which are available to you.

What your family and friends can bring on their visit

Visitors are not permitted to take   anything into the room with them when they visit you. Items including money, food, alcohol, keys, and telephones are prohibited.  Only baby items such as nappies or wipes are allowed.

Visits: consular staff

If you are on remand and have requested Consular Assistance from the British Consulate, Consular staff will aim to visit you once every year, and once again after sentencing. Should an urgent issue arise (related to health or welfare) which cannot be addressed by letter or telephone, a consular officer will arrange a visit as soon as possible. 

If you need to request an earlier visit, you should call or write to the British Consular General in Barcelona. Alternatively, you may wish to ask the prison to contact us on your behalf by submitting a written request (sol·licitud genèrica) to prison staff.

If Consular staff request a visit to see you, the prison will ask you to sign a form giving your consent.

Emergency trips outside of prison

If something urgent happens, like the birth of a child, or the death or serious illness of your next of kin, you can ask for permission to make an emergency trip outside of prison. Your request can only be authorised by the Prison director. Your lawyer may be able to assist with this. Consular staff may also be able to assist if you need supporting documentation (e.g. from a doctor or funeral director).

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

If you’re arrested in Andorra, the police must tell you the reasons for your arrest in English, if necessary, with the help of an interpreter. The police must either release you or present you before a judge (known as a batlle) within 48 hours. Once you are in front of the judge, they will listen to arguments from both your lawyer and the Public Prosecutor. After that, the judge has 24 hours to decide whether to release you or place you in pre-trial detention.

The judge may extend this 24-hour period by up to 72 hours if you are accused of a serious crime, such as:

• homicide
• sexual assault
• drug trafficking
• terrorism
• money laundering
• similar offences

However, the judge must formally justify the extension.

During this time, you will remain in a separate unit within the prison.

Detention times of minors is stricter than for adults. Minors cannot be held in detention for more than 24 hours under any circumstances unless the judge deems the offence serious enough. In this case, the judge can extend the detention to 48 hours providing they issue a formal ruling (called an “aute”) to do this.

Detention limits overview:

• adults can be held for  up to 72 hours (48 hours with police and 24 with the judge)
• adults accused of a serious offence can be held up to 120 hours (48 hours with police and up to 72 with the judge)
• minors can be held up to 24 hours
• minors accused of a serious offence can be held up to 48 hours (24 initially, with an extension of up to 24 more hours authorised by a judge)

Legal representation and interpreters

A lawyer must be present when you make a statement before the police or the judge. If arrested for a traffic offence, you can, in some circumstances, choose not to have legal representation before the police.

You can appoint a private lawyer of your choice, or you can ask for a state appointed lawyer (advocat del torn d’ ofici). The state appointed lawyer will charge a minimum fee as in Andorra, you are not entitled to legal aid.

State appointed lawyers are not required to speak English. Find an English speaking lawyer in Andorra.

If you don’t speak Catalan, you have the right to help from an interpreter when making a statement. The police or court will provide one for free.

Whilst held in police custody

Your rights are guaranteed under Articles 9 and 10 of the Andorran Constitution and Articles 24 and 25 of the Criminal Procedure Code. A lawyer can advise you of these rights and the police will give you a form outlining your rights following your arrest.

You have the right to see a doctor.

You have the right for someone of your choice to be informed of your arrest, unless Article 107 of the Spanish Penal Code is applied (incommunicado detention). Your lawyer can advise on this.

You have the right to inform your local British Consulate of your arrest and to speak with a consular officer if you wish to, unless Article 107 of the Spanish Penal Code is applied (incommunicado detention).

Please note, the British Consulate will only inform family or friends of the arrest if you give your consent for us to do so. If you are a minor the police will inform your parents or legal guardians or, if they are unable to do so, they will notify the Consulate.

You do not have to make a statement if you do not want to. You can declare that you will only make a statement before the judge.

When you’re held by the police, the lawyer’s role is to make sure the correct legal procedures are carried out and your fundamental rights are guaranteed. They are not there to argue your case at this stage. You can speak with your lawyer in private before making a statement (or before declining to make a statement), unless Article 107 CPP is applied (incommunicado detention).

Your personal belongings including mobile phones and money, will be held by the police and you will be given a receipt for these. Your belongings will go with you to court. If the judge releases you, they’ll be returned to you, unless the court needs to keep them as part of the investigation. If you are committed to prison, your belongings will be held by the prison´s security office.

Appearance at court

Following arrest, if you are not released by the police after making a statement, you will appear before a judge within 48 hours of arrest (24 hours in the case of a minor).

The judge may extend this 24-hour period by up to 72 hours if you are accused of a serious crime, such as:

• homicide
• sexual assault
• drug trafficking
• terrorism
• money laundering
• similar offences

However, the judge must formally justify the extension.

You can appoint a private lawyer of your choice, or you can ask for a state appointed lawyer (advocat torn d’ofici), under the Andorran’s legal system, state appointed lawyers are not required to speak English. Non-residents in Andorra are not eligible    for legal aid and the state appointed lawyer will charge you a minimum fee for their services.

You have the right to use an interpreter free of charge.

See the Andorran judicial system section of this guide for more information.

Initial arrival at the prison

On arrival at prison, you have the right to immediately communicate your situation to your family and a lawyer via a telephone call. The telephone call on arrival is free but only an in-country call is permitted.

If you don’t know anyone in Andorra or can’t remember a phone number, you can use your free phone call to contact the British Consulate in Barcelona to assist you. Consular staff will need your consent to pass on any information to the person of your choice.

As a non-Andorran prisoner, you will be asked if you wish to inform your Consulate of your entry into prison. If you decline on arrival but subsequently change your mind, you should inform the prison in writing (via sol·licitud genèrica) that you want your Consulate to be informed and to receive consular assistance.

Whether you are on remand or have been sentenced, you will be searched and duly documented on arrival. You will have to declare all money, medicine, toiletries, jewellery and/or other valuables and hand them over to Prison staff who will give you a receipt. They will be kept in the prison’s security office until you are released or transferred elsewhere.

The prison’s medical service will interview you on arrival. You should inform them of any ongoing medical conditions, and it may be helpful to share previous medical records. You must declare any medication to the prison doctor, who will decide whether you can keep it or whether it must be kept in the infirmary.

You will also have interviews with other prison professionals including a social worker, educator and prison legal adviser.

You may keep and use your own clothing, if considered suitable by prison staff. In Andorra prison, you will have to wash your own clothes by hand. Sheets and towels are washed at the laundry. Prison staff will provide you with basic toiletries.

The prison director is responsible for all the decisions taken in the centre and granting prisoner authorisations.

Prison conditions in Andorra are comparable with prisons in the UK.

Accommodation

Overcrowding is usually not problem in Andorra prison. Cells are shared use, typically equipped with:

• a bunk
• a shower
• beds
• a toilet
• a washbasin
• running water
• electricity

Food and diet

You are entitled to 3 meals a day with a total of 3000 calories for healthy individuals and 3,500 for those under 21 or over 60. Special diets are available when prescribed by the prison doctor. If you have special dietary requirements because of religious or other valid reasons, you may ask the doctor to prescribe these. Tap water is available, or bottled water can be purchased at the prison shop. Alcohol is strictly forbidden.

Hygiene

Each cell has its own shower. You are allowed to shower between 08:00 and 09:00 and between 18:30 and 19:30. Basic toiletries are provided by the prison. You can also buy toiletries at the prison shop.

Work and study

In Andorra prison, you can carry out paid jobs known as “ordenanzas”. These roles include:

• kitchen work
• cleaning duties
• laundry services

Participation in these jobs is not only compensated but also positively considered when new job opportunities arise.

Where possible, the centre encourages prisoners to attend Catalan language courses. You should ask your social worker (treballador) which courses are available.

If English-speaking reading/learning materials are not available, you can contact the British Consulate General in Barcelona who will ask Prisoners Abroad if they can supply them.

You can take part in sports, cultural and social activities at the prison.

Exercise

Gym facilities are available in the prison. You will generally spend most of the time in your cells.

Climate

Andorra is a small mountainous country located in the Pyrenees between France and Spain. Precipitation (rain or snow) is generally moderate but temperatures can drop a few degrees below 0 °C  in the winter season. In summer it can reach 35/37 °C.

If you do not have clothing appropriate for the weather, items of clothing can be purchased and handed in by family or friends, or you can ask the social worker for assistance to obtain more appropriate clothing.

Religion

The Anglican church has an English-speaking representative who visits Andorra regularly. If you would like to be visited by an English-speaking priest or any other religious representative/ minister of religion of any denomination, you should contact the nearest British Consulate General Barcelona who will try to arrange this on your behalf.

Rules and regulations (including drugs)

Upon arrival, you will receive the prison’s rules and regulations, which are issued in Catalan.

Drugs are prohibited items. Individuals found consuming or possessing drugs will face serious penalties.

There may be a limit to how much food can be kept in the cells, so you should check with the prison staff.

Sanctions may also be issued for:

• the consumption of alcohol
• attacking or abusing other prisoners
• actions which affect the safety of the prison
• possession of any prohibited items
• disobeying or showing disrespect to the prison staff
• organising or taking part in protests or riots.

Sanctions can include:

• temporary suspension of activities and / or communications
• denial of special leave
• transfer to another wing
• isolation

Prison: access to help and services

Receiving money

There are 2 ways you can receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: where eligible and if family support is unavailable, they can send a small quarterly allowance to help with basic needs, usually enough for 1 hot meal a day

The UK Government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance, we may be able to assist your family and/or friends in getting some funds to you. Please note that you cannot receive cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

You can also receive funds via the prison bank account which is managed by the prison accounts department. Consular staff can provide the prison bank account details.

If you wish to receive money transfers, the sender must be either your lawyer or a family member whose relationship and identity have been verified by the prison. Money transfers from anyone else will be subject to approval by the prison Director.

The sender must forward a copy of their passport and documentary proof of their relationship to you to the prison.

The sender must include your full name and surname in the bank transfer otherwise, payment will be rejected by the prison accounts department.

There is no limit on the number of transfers you can receive.

Bank-to-bank transfers

Money Deposit

Your lawyer or verified family member can deposit money for you from any bank branch in Andorra or from abroad into the following bank:

Crèdit Andorrà

IBAN AD44 0003 1101 1080 0881 0101

Swift: CRDAADAD

When making the deposit, they should clearly specify your (recipient) and their (sender) names.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. See further information on Prisoners Abroad below.

Receiving personal belongings from family or friends

Your lawyer, friends and family can leave the following items during public opening hours or when visiting, if they show valid photo ID:

• clothing
• hygiene products: must be new and stored in a transparent and sealed package
• personal items
• mail: post must handed over in a sealed envelope containing the identity of the recipient and the sender

All packages will be opened and their contents reviewed before being handed in to the corresponding prisoner. Alcohol, tobacco and/or medicines of any kind are not permitted.

Whenever necessary and in case of any doubt, you can request more detailed information on authorised and prohibited products from the information desk.

Telephone use

You cannot receive calls from outside (except from your lawyer and/or from the consular services).

You have the right to make a free call at the time of admission into the centre, to inform your relatives if you wish to do so.

You can make his/her own calls always at his/her expense, on the days established depending on the status of his/her legal proceedings:

• prisoners on remand: Wednesdays, Fridays and Sundays
• sentenced prisoners: Tuesdays, Thursdays and Saturdays

You can make a call using an Andorra Telecom prepaid telephone card, which you can purchase at the “economato”. Visitors can also hand them in at the information desk to be passed onto you. If family or friends are unable to visit, you will be allowed a weekly video call and an additional monthly videocall can be authorised as well.

You are not allowed to have mobile phones. If you are found to be in possession of a mobile phone, you will be subject to severe sanctions.

Medical and dental treatment

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

You are entitled to the full facilities provided by the Andorran Health Service. The centre’s doctor will assess whether you should be visited outside the centre. A dentist visits the centre once a week.

If the required treatment is not available from the usual prison dentist, you may request a private dentist of your choice to visit the prison. Visits by a private doctor may also be authorised. You must assume the cost or fee in both instances.

If you do not want to attend a medical/hospital appointment outside the prison, you can let the centre know when you are informed of the visit.

With your permission, consular staff can make sure that any medical or dental problems are brought to the attention of the police or prison doctor. We can also liaise with a prisoner’s GP in the UK, if the police or prison doctor requests previous medical records.

The prison medical centre has a doctor and a nurse. Prison staff will escort you to the main public hospital for any medical tests.

Letters and parcels

You are free to send and receive as many letters as you wish. The privacy of your postal correspondence is protected. Mail cannot be opened or interfered with unless authorised by a judge through a court order. Prison officers may inspect letters or parcels to ensure they do not contain prohibited items. The centre accepts mail sent via registered post.

The sender should include:

• your full name and surname
• your prison number as registered in the prison’s system
• the prison’s full address

The sender’s name and address should be clearly visible on the back of the envelope, otherwise the letter will not be delivered to you. Any envelope containing more than just the actual letter (e.g. photographs, paper clips) may not pass the security checks and may be sent directly back to the sender by the prison authorities. The centre accepts parcels which have been sent by post.

Post must be in a sealed envelope containing the identity of the recipient and the sender.

All packages will be opened and their contents reviewed before being handed in to you.

Making a complaint about mistreatment

If you have experienced mistreatment, you should 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 explain 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, try to see a doctor, obtain a medical report and if possible, take photos of your injuries.

Making a complaint to the police

If you have experienced police mistreatment, you can raise the allegations in the following ways:

We suggest including any medical examination reports and photographs of injuries following the incident.

Making a complaint to prison authorities

You may wish to instruct a lawyer  to raise your allegations with the relevant Andorra authorities. 

You can also request a form from the prison to raise your allegations with the Andorran Ombudsman (Raonador del poble).

If appropriate, the British Consulate General in Barcelona will consider approaching the local authorities if prisoners and detainees are not treated in line with internationally accepted standards.

The Andorran judicial system

Overview

The criminal legal process in Andorra differs from that of the UK. However, as in the UK, the judiciary is independent of the government, and all foreign nationals are guaranteed personal liberty rights under the Andorran Constitution.

First steps

What should happen after you are arrested

Upon arrest, you should be informed of the reason for your arrest and of your rights. If you do not understand Catalan, you are entitled to a free interpreter under the provisions of Article 24.1 (f) of the Andorran Code of Criminal Procedure. Additionally, the police will normally inform the nearest British Consulate General in Barcelona of the arrest of a British national. Consular staff will then offer you consular assistance as soon as possible.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See find a lawyer in Andorra.

How long you can be remanded in custody

Under Andorran law, the initial period of pre-trial detention in prison cannot exceed 4 months.

For minor offences, the judge may extend this period once, adding another 4 months. Once this extension expires, you must be released on provisional liberty.

For major offences, the judge can approve up to 2 extensions of 4 months each, allowing a maximum of 12 months in pre-trial detention. A third extension may be granted at the request of the Public Prosecutor. In exceptional cases, a fourth extension may also be approved, depending on the severity of the crime in serious criminal cases such as:  

• homicide
• sexual assault
• drug trafficking
• terrorism
• money laundering

Regardless of the offence, pre-trial detention cannot exceed half of the maximum prison sentence stipulated in the Criminal Code for the charges being prosecuted.

House arrest, whether monitored or unmonitored, is only available to British citizens who are resident in Andorra, as it requires a fixed address within the country.

After the case is referred to the trial court, pre-trial detention is limited to a maximum of 6 months for minor offences and 12 months for major offences. This period begins on the date the court issues the order concluding the investigation.

If you appeal the decision, the detention period during the appeal process cannot exceed 18 months from the notification of the first official ruling. You must be released once the time you’ve spent in detention is the same as the sentence you were given.

If you develop a mental illness while in pre-trial detention, you can be moved to a medical facility. This transfer pauses detention time limits but may be included later when calculating how long you’ve been detained.

Prisoners on remand and sentenced persons: differences

In prisons that hold both remand and sentenced prisoners, they are usually not kept in separate areas. However, this can vary depending on the prison.

After you are charged

See the Trial section below.

Bail

Provisional release (llibertat provisional) may be granted with or without bail. It means you (the accused person) are temporarily released from police custody or prison while waiting for your trial. You may be asked to pay bail (fiança) or a security deposit as a condition for release. If you want to apply for bail, you should speak to a lawyer. The lawyer will need to submit the application to the court on your behalf.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to instruct a private lawyer, see Find a professional service abroad for a list of English-speaking lawyers in Andorra. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

In Andorra, legal aid (assistència jurídica gratuita) is a means-tested mechanism only available to residents who can show they don’t have enough money to pay for legal costs. It helps cover things like lawyer fees, court charges, and other expenses related to legal proceedings. If you start with a legal aid lawyer but later choose to hire a private lawyer, you may have to pay for any costs already incurred by the legal aid lawyer.

What is legal aid?

In Andorra legal aid (assistència jurídica gratuita) is a right for individuals (residents only) who cannot afford the costs of a trial. Legal aid may include both legal defence and technical legal assistance, and, where applicable, legal representation. Legal aid may may cover the following costs:

• pre-trial legal advice
• court agents’ and lawyers’ fees
• court fees
• deposits required for lodging certain appeals
• experts’ fees, when the expert is appointed by the judge or court
• advance payments required by Saigs, according to official fee regulations
• free copies of judicial record and any documents needed during the proceedings
• translation and interpretation services
• any other expenses arising from court proceedings, when authorised by the competent judged or court

Who can benefit from legal aid in Andorra?

• Andorran citizens
• foreign nationals with a valid residence or work permit in Andorra
• non-profit organisations, foundations, and companies that are bankrupt or insolvent, as long as they are properly registered and based in Andorra.

Useful vocabulary:

Court Agent (Procurador): This is the professional legal representative who is responsible for formal communications with the court anddelivery of briefs at the court office.

Lawyer (Abogado): This is the legal professional who would usually provide the substantive legal advice, prepare the case, briefs and evidence, and speak to the judge in court on your behalf.

Depending on the type and value/importance of the matter, either or both of these may be required to represent you in a court case. In order to represent you, they must have a “Litigation Power of Attorney” (Poder per a pleits) from you which you have to sign in front of a Notary Public (Notario) or in front of the Court Officer.

Trial

Please bear in mind before attending trial that the following proceedings may take place whilst you are on remand in custody in prison:

Fast trials

Fast trials in Andorra, called “procediment d’ordenança” penal, are used when someone is caught in the act of committing a crime, or in specific cases like domestic violence, robbery, theft, and traffic offences. These proceedings are also applicable where the maximum penalty does not exceed 4 years of imprisonment.

The Duty Court (Batlle de guàrdia or batlle instructor) handles the investigation and intermediate phases of these cases. It can issue a verbal fast trial (procediment d’ordenança penal) at any stage of the investigation, even before you have given a written statement. This fast trial can impose penalties of up to half of the maximum sentence for the offence.

After you, the Public Prosecutor and other parties have received notification that a fast trial is to take place, any of the parties can object right away by making a simple statement to the court clerk. If no opposition is raised, the fast trial becomes final and enforceable. In such cases, a written summary of the facts, legal basis, and imposed penalty is provided, and the decision is communicated to the Criminal Records Registry (Registre d’Antecedents Penals) if applicable.

Minors

When minors aged 12 to under 18 commit offences, their cases are handled by the Minors Court (Juzgado de Menores). The Public Prosecutor (Fiscal) plays a key role throughout the process, especially during the investigation. If the minor is found guilty, the sentence focuses mainly on re-education to prevent future offences. In serious cases, the minor may be sent to a detention centre, but only if they are at least 14 years old.

Trial phase

The trial phase in Andorra is determined by the nature and severity of the offence:

• minor offences, called penal contraventions, are judged by the Tribunal de Corts with one judge. These trials are public and can go ahead even if you don’t show up after being properly summoned. Legal representation is strongly advised and often mandatory

• fast-track trials, called procediment d’ordenança penal, can be used for offences with penalties of up to 4 years in prison. A judge (Batlle) oversees the process, and if everyone agrees, the case is often settled during the first court appearance

• offences with a penalty of more than 4 years but no more than 8 years, can be settled through an agreement between the parties, as long as the Batlle approves it

• offences with prison sentences longer than 8 years are dealt with by the Tribunal de Corts, where a group of several judges lead public hearings

• serious crimes involving high-ranking officials – such as members of the Government, Consell General, or judges – are tried by the Penal Chamber of the Superior Court of Justice

Andorra does not have jury trials. All criminal cases are judged by professional judges to ensure consistency and expertise in the legal process.

Sentences

Judgments in cases of penal contraventions are issued within 15 days of the trial’s conclusion, while more complex cases may take longer. Decisions include a summary of facts, legal basis, and penalties. Defendants are notified of the judgment, which may be appealed following applicable procedures. Judicial transparency is upheld, granting access to records for the involved parties.

This is the phase during which the enforcement of the punishment takes place.

Depending on the severity of the crime found to have been committed, the following penalties may apply:

• fine and/or victim compensation
• exclusion orders, or orders not to approach a person (orden de alejamiento)
• disqualification (such as driving or public office) (inhabilitación)
• prison (sentences of less than 2 years’ imprisonment may be suspended)

Appeals

You can appeal a judgment issued by the Tribunal de Corts in the first instance (recurs d’apel·lació) before the High Court of Justice of Andorra (Sala Penal del Tribunal Superior de Justícia). The defence, prosecution, or civil parties can all file an appeal. The time you have to appeal depends on the type of judgement issued:

• if the appeal is about a procedural decision made by the investigating judge (batlle instructor), including pre-trial detention, dropping charges, or other preventive measures, you must file it within 5 days.
• if it’s about a final judgment, you have 15 days from when you’re notified.

If you wish to appeal, this must be filed by your lawyer and must include the legal grounds and supporting evidence. While appeals have a suspensive effect, you will remain subject to any conditions related to pre-trial detention or civil liability unless these are modified by the appellate court.

The appeal hearing is public, and you have the right to be present, assisted by an interpreter if necessary, and to have the last word. Under certain conditions, the court may admit new evidence.

The appeal is decided by a majority vote and the decision is final. You cannot appeal again unless there are exceptional circumstances, in which case you may be able to request a review (judici de revisió).

Reaching the end of your sentence

Reduction of sentence (remission)

In some cases, you may be eligible for a reduced sentence for good behaviour or community work. However, a lawyer is best placed to advise on whether it’s possible to appeal your sentence.

Early release

In Andorra, early release can take the form of semi-liberty or conditional release (parole), depending on the circumstances and the length of the remaining sentence. These measures are granted by the sentencing or enforcement judge, following consultation with the Public Prosecutor (Ministeri Fiscal) and the Director of the Prison Service (Director del Centre Penitenciari)

In Andorra, early release from prison can happen in 2 ways depending on the situation and how much of your sentence is left:

• semi-liberty allows someone in prison or under house arrest to leave during the day – for work, education, medical appointments, public-interest tasks – but they must return to prison or home at the end of the day. Monitoring measures may be used, but only if you agree to it
• parole (llibertat condicional) may be granted after serving 2-thirds – or in some cases, 5-sixths – of your sentence, or half of the semi-liberty period. Conditions for parole typically include maintaining good behaviour and adhering to your obligations as set by the court

In either circumstance, early release can only be granted by the judge in charge of sentencing or enforcement, after consultation with the Public Prosecutor (Ministeri Fiscal) and the Prison Director (Director del Centre Penitenciari).

If you do not follow the rules, parole or semi-liberty can be taken away and you may have to return to prison to finish your sentence.  In urgent situations, a judge can order your immediate re-incarceration, which must later be confirmed in a public hearing. Appeals against this decision are only permitted in specific cases set by law.

Clemency or pardon

Under the Andorran Constitution, prisoners can request clemency or a pardon (indult) to the Co-Princes. Applications must be submitted via the High Council of Justice (Consell Superior de la Justícia), which forwards the request to the Co-Princes after obtaining reports from the President of the Tribunal de Corts and the Chief Public Prosecutor.

Pardons are granted at the sole discretion of the Co-Princes and are rare in practice. They may be full, which completely forgives the sentence, or partial, which reduces its length. However, a pardon does not erase criminal records, either wholly or in part.

Financial penalties

Financial penalties in Andorra vary depending on the severity of the offence and may include fines and/or compensation to the victim. Fines and court costs must be paid within 15 days of receiving notification of the judgment or fast trial (ordenança penal). If you cannot afford to pay in full, the court may allow payment in instalments.

In cases of non-payment, the court can initiate enforcement proceedings to recover the outstanding amount. Unlike in some jurisdictions, substitute prison sentences (prisión sustitutoria) are not automatically applied for unpaid financial penalties. Instead, recovery is pursued through civil enforcement procedures.

If you received legal aid, the court will recover the legal fees from the government in accordance with the applicable regulations.

Given the complexities surrounding financial penalties, we strongly recommend you consult a lawyer.

Transfer to a prison in the UK

As a British prisoner in Andorra, you can request to finish your sentence in the United Kingdom under international agreements. To do this, you must make the request voluntarily and give your explicit consent before the President of the Tribunal de Corts or their delegate, with a lawyer present.

The consent process ensures that your decision is made freely and with a full understanding of its legal implications. Once approved by the Andorran Government, the court will issue an order for your release from the detention centre and your transfer to the designated escort authorities.

Before the transfer, UK authorities may confirm the validity of your consent through a consular representative or an appointed official, with the agreement of both countries.

The transfer is coordinated by Andorra’s Ministry of the Interior in collaboration with the Ministry of Foreign Affairs. You will be expected to cover the cost of the fare back to the UK but arrangements can be made to pay it back at a later date once in the UK.

For information about Prison transfers you can ask either the prison authorities where you are serving your sentence or the British Consulate in Barcelona.

You can also write to the relevant UK authorities:

England and Wales

Telephone: 07540 266945

Email: [email protected]

Northern Ireland

Telephone: 028 9052 5065 (General Enquiries)

Email: [email protected]

Scotland

Telephone: 0131 244 8745

Email: [email protected]

To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. This could be because you haven’t lived in the UK for many years and don’t have any close family there.

To find out more about transfers to the UK: In prison abroad: transfer to a UK prison (a copy of the leaflet is provided with this leaflet).[NEED LINK]

Release and deportation

Release upon full completion of a sentence in Andorra is generally unconditional, unless the court has imposed a deportation order (ordre d’expulsió) as part of the sentence or during execution of the penalty. In such cases, foreign nationals who are not residents in Andorra will be expelled from the country upon release and will not be permitted to remain.

There is no entitlement to stay in Andorra following release for non-resident prisoners, and no social welfare benefitsare provided by the state upon release from prison. Individuals who have been granted semi-liberty or conditional release may also be subject to expulsion proceedings, depending on their legal and immigration status.

Expulsion orders are issued by the court or competent judge and, once executed, generally imply a ban on re-entry into Andorran territory for a specified period. If a person returns before this period expires, they may face further legal consequences, including possible re-imprisonment.

Foreign prisoners are encouraged to discuss any deportation order with their lawyer, who can advise on the legal implications and possible requests for future cancellation or modification of the ban, if allowed by law.

British Consular officers would be grateful if prisoners or their family could inform the British Consulate in Barcelona Office when they are released or expelled, in order to help keep consular records up to date.

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. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may 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 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 you should tell the Prisoner and Family Support Team 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 Resettlement 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 – www.salvationarmy.org.uk UK Helpline +44 (0)20 7367 4888 Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship – www.prisonfellowship.org.uk UK Helpline +44 (0)20 7799 2500 Monday to Friday 9am to 5pm

Your criminal record in the UK

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

Additional information

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, 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:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating 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, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad UK Helpline +44 (0)20 7561 6820 or 0808 172 0098 Mondays and Friday 9.30am to 4.30pm (UK time) 89 – 93 Fonthill Road London N4 3JH UK

Email: [email protected]

Glossary of terms

Useful legal terms:

Court	Batllia
Trial	Judici
Judge	Batlle
Prosecutor	Fiscal
Lawyer	Advocat
Interpreter	Interpret
Procurator	Procurador
Litigation power of attorney	Poder per a pleits
Notary public	Notari
Legal aid	Justicia gratuita
State appointed lawyer	Advocat del torn d´ofici
On remand	Preventiva
Sentenced	Condemnat
Sentence	Sentencia
Appeal	Apel.lacio
Prison legal advisor	Jurista
Prison councillor	Educador
Prison social worker	Treballadora/dor social
Prison Guard	Funcionari
Written request (in prison)	Sol.licitud genèrica
Prison Doctor	Metge
Parole	libertad condicional
Prison Governor	Director
Bail	Fiança
Local Bar Association	Col.legi d´advocats
Prison Shop	Economato
Receipt	Rebut
Administration Department	Régim
Educator	Educador

Useful phrases (English into Catalan)

I don’t understand	No ho entenc.
The telephone is out of order	El telèfon no funciona.
I do not have any money to buy…	No tinc diners per comprar…
I would like to order…	M’agradaria demanar…
This is urgent	És urgent.
May I make an appointment to see…	Puc demanar una cita amb…?
I need to see my lawyer	Necessito veure el meu advocat.
Can I have a list of local English-speaking lawyers?	Em podeu donar la llista d’advocats de parla anglesa, si us plau?
Who is dealing with my case?	Qui és la persona responsable del meu cas?
Does the prison have a list of translators?	La presó disposa d’una llista de traductors?
Can I get bail?	Em poden posar en llibertat sota fiança?
Can you tell me how long I will be held in police custody before I get transferred to a prison?	Em podeu dir quant trigaran a enviar-me al centre penitenciari?
What must I do to get transferred to another prison?	Què he de fer perquè em traslladin a un altre centre?
Can you tell me how long my sentence is?	Em podeu dir quina durada té la meva sentència?
Can you tell me the date my sentence finishes?	Em podeu dir la data en què acaba la meva sentència?
Can I move to Mr…..’s cell as he speaks English?	Em podeu traslladar a la cel·la del Sr. …, que parla anglès?
Can Mr….. move into this cell?	La Sra./El Sr. … es pot traslladar a la meva cel·la?
I am very cold, can I have an extra blanket please?	Tinc molt fred. Em podeu donar un altra manta, si us plau?
How much money do I have in my account?	Quants diners tinc al meu compte?
What day does the doctor come? What time?	Quin dia ve el metge? A quina hora?
Is there any work that I can do?	Puc fer alguna feina?
I would like to work in the…	M’agradaria treballar en….
Can you show me what I must do?	Em podeu ensenyar què he de fer?
Could I buy a Spanish/English dictionary?	Puc comprar un diccionari català/anglès?
Can you contact the Consulate for me?	Podeu contactar amb el meu consolat?
I want to make a complaint	Vull fer una queixa.
Can I have permission for my family to send me….?	Em podeu autoritzar que la meva família m’enviï…?
As I am not allowed visits, could I have a parcel of clothes sent to the prison?	Com que no puc rebre visites, la meva família em pot enviar roba al centre?
Are there any items which they are not permitted to send me?	Quins objectes no està permès que m’enviïn al centre?
I want to send this letter to…	Vull enviar aquesta carta a….
Why are my letters taking so long to get to my family?	Com és que les meves carta triguen tant a arribar al meus familiars?
I have not heard from my family and I am worried about them	No sé res de la meva família i estic preocupat per ells.
How do I arrange a visit for my family?	Què he fer perquè els meus familiars em visitin?
Can you confirm that my family has booked a visit for (a specific date)?	Em podeu confirmar que la família ha reservat una visita els dies (data)?
May I have an extended visit as I do not get many and my family has to travel a long way?	Puc demanar una visita més llarga, ja que la meva família ve de lluny i no puc veure-la sovint?
Could I go to the prison school to learn Spanish?	Puc anar a l’escola de la presó per aprendre català?
Could you give this letter to Mr… cell no…. so he can translate it for me?	Podeu donar aquesta carta al Sr… perquè me la tradueixi, si us plau?

Annexes

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad – advice for British nationals

FCDO leaflet: In Prison Abroad: Transfer to a UK prison

Find a lawyer in Andorra

Prisoners Abroad: General leaflet

Prisoners Abroad: Authorisation form

Prisoners Abroad: Contact with family and friends form