Arrested or in prison in Germany
Source: gov.uk (2025-09-30)

This guide provides information about being arrested in Germany and what conditions are like in prison there.

Contacting the British embassy or consulate

The British embassy or consulate in Germany can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer (https://www.gov.uk/guidance/arrested-or-detained-abroad).

Family and friends can contact:

the British embassy or consulates in Germany

the Foreign, Commonwealth & Development Office (FCDO) in London on xx-xxxx-xxxx

British Embassy Berlin

Consular SectionWilhelmstraße 70/7110117 BerlinGermanyTelephone: xx-xxxx-xxxx

British Consulate General Dusseldorf

Willi-Becker-Allee 1040227 DusseldorfGermanyTelephone: xx-xxxx-xxxx

British Consulate General Munich

Möhlstraße 581675 MunichGermanyTelephone: xx-xxxx-xxxx

Finding a lawyer and translator

Find a lawyer in Germany

It’s highly recommended to get a local German lawyer. Discuss all the costs beforehand with them.

Prisoners Abroad (https://www.prisonersabroad.org.uk/) has information on appointing a lawyer and legal aid, although this information is not specific to Germany.

Private lawyers

Check the list of local English-speaking lawyers (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find?country=Germany&serviceType=lawyers) if you want to appoint your own private lawyer. Ask the embassy or consulate if you want a paper copy of this list.

You can appoint your own lawyer. The Bundesrechtsanwaltskammer (comparable to the General Council of the Bar in the UK) holds a list of all certified lawyers in Germany. You can find a search form on their website (https://bravsearch.bea-brak.de/bravsearch/index.brak). The form itself is in English, but choosing a specific field of law from the ‘Professional Subtitle’ dropdown menu is in German. Criminal law is Strafrecht.

Court-appointed lawyers

Depending on how severe the alleged offence is the court will decide if you could get a court-appointed lawyer (Pflichtverteidiger in German). The decision is not based on your financial situation.

You can still choose to appoint your own private lawyer at any time, which you would have to pay for yourself.

Costs of a court-appointed lawyer

A court-appointed lawyer does not cost anything during the court proceedings and if you’re found innocent.

If you’re found guilty and sentenced you’ll get a bill from the ‘Justizkasse’ (court cashier) at the end of the proceedings.

Changing your court-appointed lawyer

You can only change your court-appointed lawyer if the court can be shown that they neglected their duties, for example not visiting you in custody, or being significantly unprepared for your main hearing. General disagreements you have with a court-appointed lawyer are not enough for you to change them.

Find a translator or interpreter in Germany

You may need a translator to help you read German documents about your case. An interpreter might be needed to help you communicate with your lawyer or at your trial. You might also need one for prison visits.

Search for an English-speaking translator or interpreter (https://www.gov.uk/government/publications/germany-list-of-translators-and-interpreters) in Germany.

Do not sign any documents unless you understand them.

What happens when you’re arrested

You can be arrested and taken to a local police station:

because of an existing arrest warrant

where there are grounds for issuing an arrest warrant

if you’re caught in the act of performing a crime

if it’s expected you’ll leave the country to escape justice

your identity cannot be confirmed

The police must tell you in English (or a language you understand):

why you have been arrested

that initial proceedings against you have started

your rights

Do not sign any documents unless you understand them – you must be given an interpreter if you ask for one.

Your rights

You have the right to:

remain silent

refuse to cooperate in the proceedings

appoint a defence lawyer of your choice or ask for the help of a duty defence lawyer

ask for an interpreter

tell your next-of-kin you have been arrested

tell the British embassy or consulate you have been arrested

The public prosecutor must be told about the arrest straight away. They’re responsible for your welfare while you’re detained before trial.

Going to court

You must be taken to court by the end of the day after you’re arrested. At court the examining judge will discuss your case with you. They’ll decide if you’ll:

be placed on remand to wait for your trial

have to pay a fine

be released without charge

Being put on remand

You may be put on remand if you’re strongly suspected of committing an offence. This means you’ll be put in prison while you wait for the criminal investigation and trial to finish.

Foreign prisoners are also often seen as a ‘flight risk’ and put on remand. This is because the judge thinks there’s a good chance they’ll leave Germany to escape justice.

How long you can be on remand for

It’s unusual to be on remand for more than 6 months. This has to be approved by the public prosecutor and court. It should only happen if the investigation is very difficult or large.

Bail

Bail is very rarely granted to non-Germans. This is because the risk of the person leaving the country to escape justice is too high.

Courts rarely grant bail even if you have permanent German residence and family ties.

If bail is granted the amount set depends on the:

accused’s financial situation

nature of the crime

chance of leaving Germany to escape justice

The embassy or consulate cannot transfer bail funds for you.

Being released before your trial

You may be released earlier if the arrest warrant is withdrawn or your arrest is suspended.

Suspending an arrest may be conditional. For example, you may have to give bail money, or have to report regularly to the police.

Arriving at prison

If you’re on remand you’ll be put in a temporary cell when you arrive at prison. You’ll have your photo taken and get a prisoner number. You’ll be asked to give details like your:

name, date of birth and nationality

home address

medical conditions or allergies

religion, marital status and profession

name and address of next of kin

Your next-of-kin will not be told you’re in prison unless you give your permission.

Your prison cell

You’ll get assigned a prison cell once all your details have been taken. You might get a single cell when you’re on remand.

You could be asked if you want to share with others. This might be for health reasons. There may be other cases when sharing is the only choice. This could be because of how full the prison is.

The cell size and furnishings may differ, but must follow certain standards like minimum window size. Every cell has access to running water and a toilet.

Contacting the British embassy or consulate

Tell the prison if you want the British embassy or consulate to know you’re in prison.

Medical check-up

A doctor will give you a check-up within the first few days of being in prison. It might include x-rays and blood tests.

Tell the doctor about any medical conditions you already have. The doctor will decide if you need a special diet or any other medical treatment.

Contact the embassy or consulate if you need help getting your medical notes from the UK.

Rights and responsibilities in prison

The prison must tell you your rights and responsibilities. Ask if they have a copy of these in English.

Speak to your prison social worker or a prison guard if you have any questions. You can visit a prison social worker by making a written appointment request, called an ‘Antrag’ in German.

Visits from friends and family

Visiting rules in Germany vary between prisons. Some prisons only allow visits on certain days of the week. There may also be rules about how many visitors are allowed or if you need to have an interpreter for the prison guards.

You or your family can ask your lawyer, or the prison directly, about the rules.

How many visits you’re allowed

The number of visits a prisoner is allowed depends on:

their age

if they’re on remand or have been sentenced

the rules of the prison

One hour a month is usually allowed, but longer visits are sometimes allowed for compassionate reasons, or because visitors from the UK have a long way to travel.

This decision depends on the availability of prison visiting rooms. You or your family can ask your lawyer, or the prison directly about the rules.

Arranging visits if you are on remand

Visitors to remand prisoners will not be allowed into the prison without a visiting permit (Besuchserlaubnis in German). Your lawyer can apply for one of these from the court – it can take several days to arrange.

It’s important not to discuss the case during visits. Permits can be refused if the judge or prosecutor thinks the visit might affect your case.

Arranging visits if you have been sentenced

Visitors to sentenced prisoners do not need a permit from the court and can arrange visits directly with the prison.

During the visit

Visitors should arrive at the prison at least 30 minutes before their appointment.

They must show a valid passport. The prison will keep it until the visit is over. Other forms of ID like driving licences are not allowed.

What visitors can take with them

Visitors cannot usually take anything for the prisoner into German prisons.

Visitors can usually buy sweets, drinks and cigarettes from vending machines in the visitors’ waiting room for the prisoner they’re visiting. They should bring small change in Euros for this. The amount allowed depends on the prison.

Guards and interpreters

A prison guard might be present during the visit to make sure you’re not discussing the case.

The judge may also say an interpreter should be there to interpret for the guard. Ask your lawyer if you have to organise and pay for this.

The embassy or consulate can give you a list of local interpreters. There is also an online list of German interpreters (https://www.gov.uk/government/publications/germany-list-of-translators-and-interpreters).

Most interpreters should be booked as early as possible and might be expensive.

Money, letters and parcels

Money transfers from family or friends

Family or friends can send you money by bank transfer. They cannot send you cash in the post.

Ask the prison authorities for the bank account information for your family or friends to use.

They must put certain details on the money transfer reference:

prisoner’s name and date of birth

prison name

what the money’s for, for example the prisoner’s private fund account

Prison accounts

You will get a financial account or accounts in German prison. The kind of account you get depends on if you are on remand or have been sentenced.

Remand prisoners

You’ll get an ‘Eigengeld’ private funds account if you’re on remand. You might get a ‘Hausgeld’ earned money account as well if you’re given a job. Ask your prison social worker for details.

Sentenced prisoners

You may have several accounts if you’re sentenced.

Hausgeld (earned money)

Three sevenths of the money you earn from prison work is put in a ‘Hausgeld’ earned money account for you to use in the prison shop. You cannot use it to pay back debts.

The remaining earnings are put in a savings account (Überbrückungsgeld) until a certain amount is reached. This is meant to help you when you’re released and is given to you on the day you leave prison.

For example, if you earned €100 in prison you would keep €30 in your Hausgeld account and €70 would be saved.

Eigengeld (private funds)

This is money you had when you were arrested or has been sent in by friends or family.

Taschengeld (personal pocket money)

Personal pocket money is called Taschengeld. It is given only if:

you have got no money of your own

you are not able to work

It’s usually only available to German residents and you have to apply for it. Taschengeld is about €35 per month.

Letters and parcels via post

You can receive letters and parcels, but these will be strictly controlled and restrictions may apply. You may have to make an application to receive packages. Check with the prison to see what can and cannot be sent to avoid parcels being returned, and check other restrictions (e.g. maximum size and weight, and type of packaging).

The person sending the parcel must take care of any customs paperwork and possible charges when they send the parcel to avoid it being returned.

How to make a complaint about mistreatment

The British embassy or consulate can help if you have been mistreated or abused – it will take all complaints seriously. Tell it first if you decide to make a complaint. It will ask your permission before taking any action.

There are several ways to submit a complaint when you’re in a German prison.

Complaining to the governor

You have the right to:

speak to the prison governor or complain to them in writing

contact the supervisory authority (Aufsichtsbehörde in German) about your complaint

complain about the behaviour of officials (Dienstaufsichtsbeschwerde in German)

Contacting the prison advisory board

You can phone or write to the prison advisory board (Anstaltsbeirat in German). Your complaint will be private, and conversations and letters will not be monitored.

The prison advisory board can act as a mediator in cases of conflict around the right of appeal.

Filing an application with the court

You can make an application for a court decision. It must reach the Court for the Execution of Prisoner Sentences (Strafvollstreckungskammer in German) within 2 weeks of receiving a written notification from the prison.

Writing to parliament

You can complain about your treatment by writing to the:

Bundestag (German parliament)

Federal State Parliaments

European Parliament

European Court of Human Rights

European Commission for Human Rights

European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment (CPT)

Your investigation and trial in Germany

The German justice system is ‘inquisitorial’. There is no jury.

Judges have the responsibility of carrying out a detailed assessment of all the facts about your case. Their final decision will be based on these findings.

The trial starts when the investigation is finished.

Formal pleas of ‘guilty’ or ‘not guilty’ do not exist in German trials. The defendant or lawyer also does not make an opening statement.

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

Choice of court

The public prosecutor chooses the court your trial will be at. It depends on how serious the alleged offence is and what kind of sentence you might get if found guilty.

Completion of investigations

While you’re on remand before the trial, the public prosecutor’s office (Staatsanwaltschaft in German) investigates the charges against you.

This can include things like:

questioning you and the witnesses

getting expert opinions

getting police investigative summaries

examining laboratory reports

The investigation stage is finished when the public prosecutor believes they have enough evidence to take you to trial or they decide to end the case and release you.

Bill of indictment

If your case will go to trial you will be given the ‘bill of indictment’ (Anklageschrift in German). It will say:

what you’re accused of

which laws may have been broken

what the evidence is

You can ask for a translation at no cost if it’s in German and you cannot read it.

If you think the charges are incorrect, you’ll be given time to say why. You can also apply for further evidence to be considered if you think it will help you.

Start of your trial

At the start of your trial the offence you’re accused of will be read out.

The judge makes sure that you, lawyers, witnesses and experts are at court and any relevant exhibits are also there.

Witnesses then have to leave the courtroom. The judge will then ask you about your personal background and general situation.

The public prosecutor will then read the final version of the bill of indictment (Anklageschrift in German).

You will then be told about your right to make statements about these allegations or to remain silent.

If you are willing to make a statement, you must be given the chance to disprove the allegations against you and state facts to help your case. The judge may state relevant previous convictions at this point.

Taking evidence

Your hearing continues with taking evidence (Beweisaufnahme in German).

The court must do all it can to find the truth by examining all possible evidence and exhibits in the case.

You are asked for your comments after the hearing of each witness, expert, and co-accused, and after the reading of each document.

You may be asked to leave the courtroom if it’s thought a witness might not tell the truth if you’re there.

Closing statements

After the evidence is heard, you and the public prosecutor can make closing statements.

The public prosecutor has the right to object and reply to your statement but you have the right to make the final statement.

Even if your lawyer has made a closing statement, you must be asked if you have anything further to add to your defence.

Verdict

The judge will read the verdict out after the closing statements. They will explain exactly what parts of the law have been used to reach it.

Sentences

If you’re found guilty you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can tell you what or how long your sentence might be.

Sentences can include:

time in prison

fines

a suspended sentence (a punishment outside prison during which you might need to meet certain conditions, for example do unpaid work, or you will be sent to prison)

Making an appeal

You can appeal against either the:

conviction itself

length of sentence or fine amount

What kind of appeal you can make depends on the type of court that sentenced you.

For local court (Amtsgericht) judgements, you can make:

a full appeal (Berufung), on matters of fact and law

an application for review (Revision), on points of law only

For regional court (Landgericht) judgements you can only appeal on points of law.

When you can appeal

Your appeal must be within 30 days of the verdict. If you were not at court when the verdict was announced, then the 30 days start when the written judgement is served to you.

If you have not appealed within this time the verdict will be final and cannot be changed.

How to appeal

You or your lawyer must submit the petition for appeal or review to the trial court.

If the appeal is on points of law only, your lawyer must submit an appeal statement for you.

If the appeal is on questions of fact or law, you do not have to state your grounds for this.

What happens when you appeal

Enforcing the verdict is paused if you appeal. That means you do not need to pay your fine or serve your sentence while the appeal is being made.

This does not mean you’ll be released if you’re already on remand, though. You’ll stay on remand until you get the result of the appeal.

Although there is no set time that an appeal needs to be settled by, the general rule is that criminal cases must be completed as soon as possible.

Full appeal hearings

With full appeals (Berufung) new trials take place in the regional court. It will follow the same format as in the local court. The regional court will then deliver its own judgement.

The court decides which evidence is important for the appeal hearing. It may look at the same evidence as before. It may also consider other evidence. You may also apply to have new evidence considered.

If you’re only appealing the length of your sentence the court will only hear evidence relevant to that, for example about your motives and personal circumstances.

Applications for review

With applications for review, no new evidence is provided. The court only considers if there were any legal defects in the earlier judgement and proceedings.

It’s possible for the judgement to be delivered without oral proceedings.

At the end of the appeal

If your full appeal is successful you’ll be acquitted or your sentence will be reduced.

If it’s not successful you can apply for a review.

If your application for review is successful, the court might:

make a decision on your case, meaning they could acquit you

overturn the original judgement and send the case back to the original court

When a judgement is overturned you’ll no longer have a German criminal record for the offences you were originally found guilty of.

Prison conditions in Germany

In Germany the exact rules and regulations for prisons can be different depending on which part of the country the prison is in. Wherever you are, prison conditions are generally good.

Letters and packages

There’s usually no limit to how many letters you can send or receive from the prison.

Your prisoner number needs to be written or all letters you send and receive.

Stationery and stamps

You can ask for writing paper and envelopes.

You have to pay for your own stamps each month, although the prison might be able to help to pay for postage if you cannot.

You can receive return postage with letters you are sent but you are only allowed to have a certain number of stamps at any given time.

Checks on your mail

Letters to you are usually checked by someone else before you get them. If they’re not in German they have to be translated first. This means it can sometimes take a long time to get them.

The public prosecutor or judge monitors all mail that remand prisoners send or receive, apart from to their lawyer. Do not discuss your case in any letters unless it’s to your lawyer.

You must clearly write ‘Verteidigerpost’ on the envelope of letters to your lawyer.

The judge can restrict or stop your letters if they think they may harm legal proceedings. You will be told if a letter is withheld for evidence in your case.

Receiving packages

You need permission from the prison before you can receive a package. You’re not allowed to receive food or luxury goods.

Other rules on packages can be different depending on the prison.

Telephone calls

The rules on telephone calls are different depending on the prison and if you are on remand or sentenced.

Telephone calls on remand

You might not usually be allowed to have phone calls when you’re on remand. Ask the prison for the rules.

You’ll need to ask your lawyer to make a special request for a phone call with family in the UK.

Telephone calls when sentenced

You can make and receive calls in Germany and internationally if you have been sentenced. A fee for this will be taken from your prisoner ‘Hausgeld’ earned money account.

You might need to ask to make a phone call or have to apply for a prison telephone account first. Ask your prison social worker for details.

Medical and dental treatment

Your basic medical needs must be met while you’re detained in Germany. The prison doctor is responsible for your health and wellbeing.

Treatment for a new illness or condition

Submit a written request (Antrag in German) or speak to the prison guards or your social worker if you need medical or dental treatment.

The doctor might only visit weekly in smaller prisons, so submit the request as soon as possible.

Prison doctors are often similar to UK GPs (general practitioners). So if you have an unusual or complex condition you might be referred to a specialist outside the prison.

Existing conditions

The embassy or consulate can try to make sure the prison knows about any medical or dental issues you have if you want it to. It can also talk to your UK GP to help get your medical records sent to the prison.

You might be transferred to a hospital with a police guard if your condition cannot be treated in prison.

Drug and alcohol addiction

Most prisons have a programme for inmates with a drug or alcohol addiction. Discuss this with the prison doctor.

Mental health care

Talk to the prison psychologist or doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety. You might be invited to speak to a prison official to discuss your situation (Zugangsgespräch).

The prison may be able to make recommendations about adjustments for psychological issues.

Emergency trips outside prison

You can apply for an emergency trip outside prison within Germany if an urgent matter comes up that cannot be postponed, like a funeral or critical illness of a relative.

Your lawyer can help you submit an application for an emergency trip (Antrag auf Ausführung in German). The application must be approved by the court.

If your application is approved the trip must be at your own expense, and you will be accompanied by guards.

Food and diet

The food in German prisons should form a balanced diet that meets necessary nutritional requirements. German tap water is safe to drink.

Special diets

You can apply for a special diet. Tell the prison or prison doctor when you arrive if you have special medical or religious needs.

The prison doctor has to approve special medical diets.

Prison shop

Most prisons have their own shop, where you can go shopping once or twice a month. Items like toiletries or extra fruit and vegetables can be bought there with your own money.

If a prison does not have a shop you will be given a list of things that you can buy. Your shopping list will be collected and the items bought for you.

This list will probably be in German – you can check the list of useful German words and phrases for some common translations.

Showers

You can use the communal shower at least twice a week. You might be allowed to shower every day if you are assigned a job.

Work and study

Remand prisoners do not have to work. You can volunteer for work, although work opportunities on remand can be limited. The prison or judge has to approve a job if it would mean contact with other prisoners.

Prisoners may also only be able to work once they have settled into prison life after around a month.

Sentenced prisoners may have to do a job they’re physically fit for. There are not always enough jobs for all prisoners, however. There may also be a waiting period for some jobs. You may need to speak German for others.

Sentenced prisoners might be able to study for German qualifications equivalent to GCSEs or an IT qualification. You might need to speak German to take them. Ask the prison staff.

Books, languages and activities

Most German prisons have some English-language books and magazines in their libraries.

You might be able to:

order books directly from publishers or authorised websites

subscribe to English newspapers or magazines

Ask your social worker or the prison. You always need permission before ordering a particular book, magazine or newspaper.

Prisoners Abroad (https://www.prisonersabroad.org.uk/) might be able to send some reading material, language textbooks and dictionaries.

Courses and activities

Most prisons offer language courses. Ask the prison staff.

Some prisons let you take part in activities like sports, drama, concerts, woodwork, metalwork, car building and entertainment. You might also be able to rent a TV from the prison. Some English channels might be available.

Exercise

You will be allowed outdoors at least 1 hour a day if you’re not assigned outdoor work.

Walking in groups and talking to other prisoners during exercise is allowed. Communication with other prisoners who are not outside exercising is not allowed. You cannot try to communicate with other prisoners through their cell windows, for example.

Clothing

The prison will provide clothing appropriate to the time of year you are in prison.

Religion

You are allowed to take part in religious services of your choice. You also have the right to receive visits from a priest, rabbi or minister of your faith. Each prison has its own prison chaplains (Geistlicher in German).

You may not be able to attend group religious services if you’re on remand and the court has placed you under a separation order. The minister may instead visit you in your cell.

Mobile phones

Mobile phones are strictly forbidden in German prisons. You will be disciplined if you – or anyone visiting you – are found with one. This may include losing your job or affecting your release date. Visits could also be suspended.

Transferring to another prison

You may be able to apply to transfer to a prison in the UK.

You can also request to be transferred to another prison in Germany if you have good reasons, for example if you have family living close by. You’ll have to make a request with the prison and the court.

You can usually only be transferred once you have been sentenced.

Early release

You can sometimes have your sentence reduced, especially if you are a first-time offender. Clemency or pardon is possible in some rare cases. You can also sometimes pay a fine instead of spending time in prison.

Reduction of sentence

You might be released early on probation once you have served two thirds of your sentence, especially if you’re a first-time offender. You must have had good behaviour in prison.

Time spent on remand before your trial counts towards your total sentence time.

The regional court (Landgericht- Strafvollstreckungskammer in German) decides if you will be released early. You and the prison will also be consulted.

Curtailment

You can also apply for release after you have served half of your sentence. This is called curtailment.

Your lawyer can help you apply for curtailment, but it is only granted in very rare cases.

Clemency or pardon

Requests for clemency or pardon must be made to the court responsible for your case. Your prison social worker or the prison authorities will have more information about how to apply for clemency.

Paying a fine instead of detention

If your sentence includes a fine, the verdict must say how many days you would have to spend in prison if you did not pay the fine. It will say the amount of the fine you’ll pay off for each day in prison.

For example, a fine of €600 would need 40 days of detention to pay off if the fee was €15 per day.

You will be released if you are able to pay the fine in full and will serve a shorter time if you pay part of the fee.

Release and deportation

You can contact the British embassy or consulate if you need help when you’re released. You will usually be deported.

Your social worker may be able to help you contact your family before your release. Ask them if you want them to help.

When you’re released you’ll be given any money you earned working in prison plus any you had with you when you were arrested.

Deportation

The German Foreigner’s Authority (Ausländeramt in German) will request your deportation. The Ausländeramt office nearest to where you were originally arrested will deal with your case.

If you were extradited from the UK to face trial in Germany this could be an office near the German airport you arrived at.

As you’re a British national you can only be deported to the UK.

Flights to the UK

Once the deportation is approved the police will book your flight to the UK. This can sometimes take a long time to be arranged.

They will either book an unaccompanied flight, or one with two police escorts.

You or your family or friends cannot book the flight – airlines only accept deportation bookings from the police.

You may still need to pay for your flight, police escort and transport from the prison to the airport.

Your passport will be stamped to show you have been deported. You may not be able to return to Germany for several years.

Getting a passport

Make sure your British passport is still in date. Contact the British embassy or consulate before you’re released if you need an emergency passport for your journey home.

Useful German words and phrases

Key phrases

I would like to see a doctor / Ich möchte einen Arzt besuchen

I would like to visit a social worker / Ich möchte einen Sozialarbeiter besuchen

I would like to contact the consulate / Ich möchte das Konsulat kontaktieren

I would like to contact my lawyer / Ich möchte meinen Anwalt kontaktieren

Useful legal terms

Numbers