Arrested or in prison in Austria
Source: gov.uk (2025-11-25)

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

Contacting the British embassy

The British embassy in Austria 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 in Austria
- the Foreign, Commonwealth & Development Office (FCDO) in London on xx-xxxx-xxxx
British Embassy ViennaConsular SectionJaurèsgasse 101030 ViennaAustriaTelephone: xx-xxxx-xxxx

Finding a lawyer and translator

Find a lawyer in Austria

You should carefully consider getting a local Austrian lawyer. Discuss all costs with them in advance.

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

Private lawyers

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

You can appoint your own lawyer. The Österreichische Rechtsanwaltskammertag (comparable to the General Council of the Bar in the UK) holds a list of all certified lawyers in Austria. You can find a search form on their website (https://www.oerak.at/en/). You can choose ‘Criminal law’ (Strafrecht) in the ‘Speciality’ dropdown.

Court-appointed lawyers

The Austrian Government introduced a system in the 1970’s for assisting people who have small or moderate income by providing legal aid in civil and criminal litigation.

In the case of an arrest, you always have the right to consult a lawyer. If you are offered legal assistance, its advised that you take it. The court then appoints a lawyer to represent you.

In some cases, a person has to be represented by a lawyer, for example where an offence is punishable by a prison sentence of more than five years. Juvenile delinquents (i.e. persons over the age of 14 and below the age of 18) are entitled to free representation by a lawyer, provided it is considered necessary and the juvenile or his parents or legal guardians are not in a position to bear the cost of his defence.

Some court-appointed lawyers will be able to speak English, however it is not a requirement in Austria for them to speak a language other than German.

Court-appointed lawyers are instructed by the court to treat legal-aid clients in the same way they would treat private clients.

Costs of a court-appointed lawyer

Legal aid involves the remission of court fees, deposits and similar charges on the one hand and free representation by a lawyer on the other. You are entitled to legal aid in a proceeding if you cannot, without endangering your livelihood, bear the cost of litigation.

The court decides whether a person is entitled to legal aid in Austria. They may ask to see evidence of your finances such as your income, maintenance obligations, assets and debts, and assess your situation against the benchmark for legal aid assistance.

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 grounds enough for you to request a new one.

If you do have serious concerns or complaints about your court-appointed lawyer, you can send these directly to the Österreichische Rechtsanwaltskammertag (https://www.oerak.at/en/contact/) (comparable to the General Council of the Bar in the UK)

You can choose to switch from a court-appointed lawyer to a private lawyer at any time. The court-appointed lawyer would pass on the case files to the new private lawyer so that they can get up to speed on your case.

Find a translator or interpreter in Austria

You may need a translator to help you read German-language documents about your case.

Do not sign any documents unless you understand them.

If you don’t speak German, you might need an interpreter to help you communicate with your lawyer or at your trial, or at prison visits.

Tell the court immediately if you want to request an interpreter.

The court will be responsible for hiring an interpreter to assist you during the trial. Your lawyer may also be able to translate for you.

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

What happens when you’re arrested in Austria

You can be arrested and taken to a local police station:
- because of an existing arrest warrant (Haftbefehl)
- 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 (Fluchtgefahr)
- 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 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

When someone is arrested, they will be taken to a local police station. You can expect to be brought before the court within 48 hours of your arrest. 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 Austria 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-Austrians. 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 Austrian 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 Austria to escape justice
The embassy 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
Tell the prison staff if you have any pre-existing medical conditions so that they can arrange for you to be seen by a doctor

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. In the majority of cases, you will be sharing a cell with one or possibly 2 other inmates, but depending on the prison and the size of the cell, you may have to share a cell with more.

Every cell has access to drinking water and a toilet and a television is common in most cells.

Contacting the British embassy

Tell the prison if you want the British embassy 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 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.

Your prison social worker will usually be your first point of contact for all matters pertaining to your rights, and the rules and regulations of the prison. You can 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. Most prison social workers will speak some English.

Prisoners are expected to follow the rules of the prison. The prison authorities will take behaviour into account when they are considering applications for conditional release.

Drugs and mobile phones are strictly forbidden in Austrian prisons. If either are found in your possession (or those visiting you) you will face disciplinary action. This may include losing your job if you are working, or negative consequences for your release date (remission). Visits could also be suspended.

Most prisons offer a drugs programme for those inmates with a drug addiction. This should be directly discussed with the prison doctor and prison social worker.

Visits from family or friends

Visiting rules in Austria vary between prisons (Justizanstalt). 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 or friends 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
Visits are usually allowed for 30 minutes once or twice a week, 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

Most prisons in Austria have a dedicated page on the prison website for booking visits. Usually you have to book your visit at least a day or 2 in advance, but check the prison website.

Visitors must identify themselves when they arrive at the prison by showing a valid passport. This is held by the prison until the end of the visit. Driving licences are not considered an official identification document. You should arrive at the prison at least 15 minutes before your appointment.

Remand prisoners

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.

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://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters/Austria/result?)).

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

Sentenced prisoners

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 15 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.

Depending on the situation, visits can take place behind glass or in a more open room setting. You can ask the prison’s visitor centre about the set up for your visit.

What visitors can take with them

Visitors cannot usually take anything for the prisoner into Austrian prisons. It may be possible to hand in a package of clothes to the gate guards when you visit. The package must not contain any other items, however, even letters or photos. Your social worker will be able to help should you have any specific questions about what is allowed.

Visits from British embassy staff

We can visit you in prison if there is an important reason to do so, for example if you have serious concerns about your health or welfare. It is often easier to first arrange a phone call with us. You can do this via your prison social worker.

If we arrange a visit, we will try to let your family know as soon as we know when the visit will take place. Its important to remember that we cannot discuss or comment on anything concerning the trial or other legal matters. We are there for your health and welfare.

You can write to us at any time about issues you’re concerned about. Our address is at the top right hand corner of the original letter we sent you. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Money

The British embassy does not provide financial assistance to prisoners.

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 Austrian 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)

A proportion 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). This is meant to help you when you’re released and is given to you on the day you leave prison.

Eigengeld (private funds)

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

How to make a complaint about mistreatment

The British embassy can help if you have been mistreated or abused – it will take all complaints seriously. Tell the embassy first if you decide to make a complaint.

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 and obtain a medical report.

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

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. You can make a complaint to the Ombudsman for Justice (Justiz-Ombudsstelle) (https://www.justiz.gv.at/service/serviceeinrichtungen-der-justiz/erreichbarkeit.2c9484852308c2a6012374f015490423.de.html) in the Federal State where you are in prison
Your investigation and trial in Austria

The Austrian judicial system is very similar to that of the UK. The Austrian legal system is based on the civil law tradition and has its origin in Roman law. It consists of public law, private law and criminal law.

The Austrian Constitution establishes Austria as a representative, or indirect, democracy with a 2 chamber parliamentary system, in which the separation of powers principle is recognized. Most legislative power lies with the Nationalrat (National Assembly), which is elected by general federal elections every fourth year. On the other hand, the members of the second chamber, the Bundesrat (Federal Assembly), are nominated by the diets of the 9 autonomous Provinces (Länder). The Federal Assembly represents the interests of the Federal Provinces.

Read a detailed overview in English (https://www.nyulawglobal.org/globalex/austria.html).

Your lawyer will also be able to provide more detailed information about your case and the Austrian judicial system.

The British embassy cannot interfere with the Austrian 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
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

On your trial day you will be taken to the court office where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer or public defender. If you don’t speak German the court will be responsible for hiring an interpreter to assist you during the trial. In most cases, your lawyer will be able to translate for you.

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)
Sentences vary greatly in Austria and will depend on the seriousness of the crime.

Making an appeal

You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defender.

You can appeal against either the:
- conviction itself
- length of sentence or fine amount
When you can appeal

You may have to appeal within a specific timeframe after the verdict is announced. If you have not appealed within this time the verdict will be final and cannot be changed. Your lawyer or public defender will be best placed to advise on appeals’ processes.

The appeal process can be slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided.

How to appeal

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

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.

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 may be able to apply for a review. Speak to your lawyer about the options available to you.

Prison conditions in Austria

Prison conditions in Austria are generally very good. In the majority of cases, you will be sharing a cell with one or possibly 2 other inmates, but depending on the prison and the size of the cell, you may have to share a cell with more. Every cell has access to drinking water and a toilet and a television is common in most cells.

Letters and packages

You can receive letters and parcels, but these will be strictly controlled and restrictions may apply.

There is usually no limit to the number of letters you can send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Incoming mail to the prison is checked and then distributed.

Usually packages must only contain clothes and no other items. 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). Find more details on the relevant page of the prison website (https://www.justiz.gv.at/strafvollzug/justizanstalten.2c94848642ec5e0d0143e7f4ec274524.de.html), or through your prison social worker.

Parcels should be sent directly to the prison and should note the full name and date of birth of the detainee. Parcels sent to the embassy will not be forwarded to you.

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.

Stamps and stationary

On request, prisoners can ask for writing paper or envelopes. The prison may be able to help with postage and the provision of stamps, but they can also be purchased from private funds each month.

Checks on your mail

Remand prisoners have their incoming and outgoing mail monitored by the Public Prosecutor / Judge. The Judge has the right to restrict your correspondence or to stop the forwarding of letters, if there is a risk of jeopardising any legal proceedings. You should therefore not discuss your case in private correspondence. If a letter is withheld as evidence, you will be informed that this has occurred.

If correspondence is written in another language, it may first need to be translated by personnel outside of the prison, before it can be released to you. This procedure may cause substantial delays, particularly around peak seasons.

If you are told you are not allowed to receive letters in English, you should notify consular staff and we will communicate with the Director of the prison.

Telephone calls

The rules on telephone calls are different depending on the prison and whether you are on remand or sentenced. Usually telephone calls can be made via prison pay phones, using a pre-paid phone card. You might have to apply for a prison telephone account first. Ask your prison social worker for details. You may be able to ask your prison social worker if they will allow you to make a call.

Telephone calls on remand

If you are on remand and your case is still being investigated, you may not be allowed to make and receive telephone calls. This decision lies with the public prosecutor’s office or the judge. Your lawyer is best placed to submit a request via the court for you to exceptionally make a telephone call due to the distance between you and your family in the UK.

Telephone calls when sentenced

If your sentence has already been confirmed, you will be able to make and receive both domestic and international telephone calls. You may need to put in a request to make a telephone call or to apply for a prison telephony account. Please consult with your social worker for further information.

Video calls

In some prisons in Austria it is possible to arrange video calls. Ask your social worker for details.

Medical and dental treatment

Your basic medical needs must be met while you’re detained in Austria.

The prison doctor has an oversight of the health and wellbeing of all prisoners. As soon as a new prisoner enters a prison, they are examined by the doctor. The doctor will determine whether you require a special diet or any other form of medical treatment.

Treatment for a new illness or condition

If you need medical or dental treatment, you should speak to the prison guards and your social worker about making an appointment with the prison doctor or dentist. In larger prisons, it can be difficult to get an appointment at short notice. In smaller prisons, the doctor may only visit once per week so you should submit a request as soon as possible. If the situation is urgent, you should alert your prison social worker. Prison doctors often have the equivalent status of General Practitioners (GPs) in the UK, so unusual or complex conditions may be referred to a specialist outside the prison.

Existing conditions

If you have a long-standing medical issue for which you have received treatment in the UK, it may be useful to have your medical records sent from the UK to the prison doctor or specialist. If you have a medical condition that cannot be adequately treated at the prison itself, you may be transferred to a hospital and be placed under police guard.

With your permission, we can try to ensure that any medical or dental issues you may have are brought to the attention of police or prison doctors. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and we have your consent to do so.

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, if you have depression or anxiety. The prison may be able to make recommendations about adjustments for psychological issues.

Emergency trips outside of prison

You can apply for an emergency trip outside prison within Austria 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.

Ask the prison or your lawyer how to submit an application for this exceptional leave. The embassy cannot influence the final court decision.

Food and diet

The food provided in Austrian prisons should form a balanced diet that meets the necessary daily nutritional requirements. Tap water is safe to drink in Austria.

Special diets

Vegetarian meals are available in all prisons. A special diet can only be provided on religious or medical grounds (e.g. diabetes, high blood pressure) and needs to be authorised by the prison doctor. Should you have any special dietary requirements, notify the prison upon arrival or inform the prison doctor during your check-up.

Prison shop

Most prisons have their own shop where you can go shopping at specific times, depending on the prison rules. Items like toiletries or extra fruit and vegetables can be bought there with your own money.

Showers and hygiene

Every cell is equipped with running water and a toilet. You can use the communal shower at least 2 times per week. Toiletries can be bought from the prison shop from your private funds.

Work and study

Prisoners on remand are not obliged to work and opportunities to work can be limited. If the nature of the work means that contact with other prisoners is required, the prison or the judge will have to approve this first. Prisoners may only be able to work once they have settled into prison life, which is usually one month after arrival. Sentenced prisoners may be obliged to work and to perform a job which they are physically fit for. Some positions may require a knowledge of German language.

Learning and development opportunities may vary from prison to prison. You should ask the prison authorities what is on offer.

Books, languages and activities

Most prisons have some English-language books, magazines and DVDs 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.

Exercise

You will be allowed outdoors at least 1 hour a day if you’re not assigned outdoor work. Most prisons offer access to sporting activities such as table tennis, for example, and most prisons have a gym with weight training equipment.

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. You can have family or friends send you additional items of clothing and shoes. Check with the social worker if you have any specific questions about what is allowed.

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 Austrian 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 (remission). Visits could also be suspended.

Your behaviour whilst in detention is taken into account when considering your application for conditional release.

Transferring to another prison

Transferring to a prison in the UK

You may be able to apply to transfer to a prison in the UK if you:
- are a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
- are not awaiting trial – criminal proceedings in the foreign country must be complete
- 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.

A prisoner does not have an automatic right to transfer. 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. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

Transfer to another prison within Austria

If you have been tried and convicted you will be sent to a prison where you can expect to serve your sentence.

Transfers are only permitted when there are exceptional and compassionate reasons for doing so, 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

Reduction of sentence (remission)

In Austria, the law makes provision for the early release of prisoners serving a sentence. The Executive Court (Vollzugsgericht) is obliged to consider automatically whether you should be released:
- when you have served half of your sentence (Halbstrafe) if the sentence was for a period of 2 years or less, and you have not been sentenced and imprisoned before
- when you have served 2-thirds of your sentence if the above is not applicable
You may apply for early release at any time, however, in most cases you are expected to have served at least 2-thirds of your sentence, which in total must be longer than 2 years. To benefit from early release, it is important that your conduct whilst in prison is good. Good behaviour will be taken into account when the court is considering whether someone is eligible for early release.

Your lawyer or prison social services will be able to provide further information on other early release options such as:
- §133a StVG – Provisional refrainment from executing a prison sentence due to an existing entry ban or exclusion order (Vorläufiges Absehen vom Strafvollzug wegen Einreiseverbotes oder Aufenthaltsverbotes)
- § 46(1)(2) StGB – Conditional release from a prison sentence (Bedingte Entlassung aus einer Freiheitsstrafe)
Clemency or pardon

Clemency is offered by the Federal President of Austria upon recommendation by the Federal Government. Traditionally a few hundred prisoners are pardoned at Christmas (Weihnachts-Amnestie) every year. However, this is only at the discretion of the Ministry of Justice.

Individual amnesty (Einzelbegnadigung) can be applied for by the individual at the Ministry of Justice or Federal President of the Republic of Austria.

Release and deportation

Whether you are released or deported depends on the crime and also the normal place of residence of the person being released. There is no automatic expulsion.

Depending on the crime and the sentence, a person who was residing in Austria would be released and would be able to remain in Austria.

Deportation

If you are not resident in Austria, you will usually be deported. As you’re a British national you can only be deported to the UK.

You may receive a “Residency Ban” for either a limited period (e.g. up to 5 or 10 years) or even an indefinite period – either for the Republic of Austria only or for the whole of the Schengen area. For further information, please ask your prison social services to liaise with Immigration authorities (Fremdenpolizei) well in advance of your release. You will receive an information sheet in English explaining exactly what is expected of you following your release i.e. whether you may remain in country or how quickly you must leave Austria.

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.

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

Flights to the UK

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

They will either book an unaccompanied flight, or one with 2 police escorts.

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

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

Annex

FCDO guidance: Support for British nationals abroad (https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide)

FCDO guidance: Arrested abroad: advice for British nationals (https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals)

List of English-speaking lawyers (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find?country=Austria&serviceType=lawyers)

List of private translators/interpreters (https://www.gov.uk/government/publications/austria-list-of-translators-and-interpreters/list-of-translators-and-interpreters-in-austria)

Prisoners Abroad forms

Prisoners Abroad forms (https://www.prisonersabroad.org.uk/arrest-and-imprisonment)

Prisoners Abroad authorisation form (https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=8c1a920c-15c6-45e4-9ea0-ab4a08099ae1)

Prisoners Abroad family contact form (https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=ea6fbe95-97b9-4467-be40-bf0d043f58fa)