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A Relative Held in Taiwan on a Drug Allegation
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A Relative Held in Taiwan on a Drug Allegation

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Written in response to a news report. Facts and law may have changed since the publication date.

Families often hear it second-hand: a relative was stopped after landing in Taiwan and is being held. Then silence. When visits are barred and letters go unanswered, you do not know how they are coping.

A LADbible report of September 29, 2026 describes one such case. It reported that a young British man has been held in Taiwan since shortly after arriving in June, over an allegation that he carried a "substance" in a suitcase, and that no further details have been confirmed. His family say he has consistently maintained that he did not know about it and that the luggage belonged to a friend.

His mother told LADbible that she has had no contact with him since his arrest and that his lawyer had said he might have to plead guilty or face "eight years plus." A local MP described him as isolated by a "communication restriction order." The Foreign Office said it was supporting the family and was in contact with the local authorities.

Those are the family's and the report's accounts; we have not seen the case file.

Restrictions on family contact

A judge orders pre-trial detention (羈押) on statutory grounds set out in Article 101 of the Code of Criminal Procedure (刑事訴訟法), such as a risk of flight or of tampering with evidence or witnesses. Unless otherwise stated, article references below are to this Code. Under Article 108, detention during an investigation lasts up to two months and can be extended once, by up to two months. Trial-stage detention has its own limits.

A detained person can usually receive visitors and letters, subject to monitoring. Article 105 allows the court, at the prosecutor's request or on its own initiative, to prohibit visits, correspondence and the passing of items if they could lead to escape, tampering with evidence, or collusion with co-offenders or witnesses. During the investigation, the prosecutor decides who and what the order covers and how long it lasts. At trial, those decisions fall to the judge. This order is often called 禁見, and the report's "communication restriction order" appears to describe it. It cannot restrict the detainee's right to a proper defense.

Different rules apply to defense lawyers. Under Article 34, counsel may visit a detained client and exchange letters. Those communications can be restricted only if there is evidence of a risk of tampering or collusion. The UK government's information pack for British people detained in Taiwan says that, while such a contact ban is in force, suspects can still communicate with their appointed lawyer and the British consular team and are normally allowed to receive clothes, funds and other permitted items.

A court ruling on a contact ban can be challenged by interlocutory appeal (抗告) (Article 404), generally within ten days of service (Article 406). A prosecutor's decision about the ban's scope can be challenged in court within ten days under Article 416.

Lawyers and interpreters

Article 27 allows a suspect's statutory agent, spouse, lineal relatives, collateral relatives within the third degree, and head of household or household members each to appoint defense counsel independently. A parent in the UK can therefore instruct a Taiwan lawyer directly. Our column on hiring a Taiwan lawyer from abroad covers the practical steps.

In some cases, the court must appoint a lawyer. If no lawyer has been retained, it must appoint one for a detention hearing during the investigation, unless the appointed lawyer has not arrived after four hours and the suspect asks to go ahead (Article 31-1). It must also appoint one at trial for offenses carrying a statutory minimum sentence of at least three years (Article 31).

A defendant who does not understand the language of the proceedings has a right to an interpreter. Article 99 requires an interpreter's assistance, with the questions and answers in writing where needed. Our column on police questioning and a foreigner's rights covers the warnings, the first 24 hours and the transcript.

Narcotics penalties

The Narcotics Hazard Prevention Act (毒品危害防制條例) divides controlled drugs into four schedules. Article 2 lists heroin, morphine, opium and cocaine in Schedule 1, and cannabis and amphetamine among the drugs in Schedule 2.

For manufacturing, transporting or selling drugs, Article 4 sets the following penalties:

  • Schedule 1: death or life imprisonment
  • Schedule 2: life imprisonment or at least 10 years
  • Schedule 3: at least 7 years
  • Schedule 4: 5 to 12 years

A fine can be added to a prison sentence, and attempts are punishable. Possession is dealt with separately under Article 11. Its lower penalties depend on the schedule and, for larger quantities, on the pure net weight.

The report does not identify the substance, so it does not establish which penalties, if any, apply. The prosecutor's indictment (起訴書) states the offense and the article charged.

Confessions and sentence reductions

The narcotics law does not use the language of a guilty plea. Article 17 deals with confession (自白) and cooperation.

A person who commits an offense under Articles 4 to 8 must receive a reduced sentence if they confess during the investigation and at every trial stage. A person who commits an offense under Articles 4 to 8, 10 or 11 and reveals the source of the drugs, leading to the capture of other principal offenders or accomplices, receives a reduced sentence or is exempted from punishment. If a person committed a transport offense under Article 4 for their own use and the circumstances are minor, the sentence may be reduced.

For fixed-term imprisonment, the ordinary reduction is up to one half. If the applicable provision also allows exemption from punishment, the reduction may reach two thirds (Article 66 of the Criminal Code). That exception matters for the source-identification provision in Article 17(1). Life imprisonment becomes 15 to 20 years (Criminal Code Article 65); death becomes life imprisonment (Criminal Code Article 64).

Taiwan also has a negotiated judgment procedure, but Article 455-2 excludes offenses punishable by death, life imprisonment or a statutory minimum sentence of at least three years.

A confession has lasting effects. The decision is for the accused to make, with a lawyer who has seen the evidence and an interpreter they trust. Families abroad can support that decision, but cannot make it for them.

Serving a sentence abroad

A transfer is possible only after the sentence is final. Taiwan's Act on the Transfer of Sentenced Persons (跨國移交受刑人法) gives priority to an applicable treaty or arrangement (Article 2).

To send a foreign prisoner home, Article 18 requires agreement from both sides. The prisoner must hold that country's nationality and must not also hold Taiwan nationality with household registration in Taiwan. They must give written consent. At least one year of the sentence must remain when the request is made, unless both sides agree otherwise. A written assurance of reciprocity is also required, and there must be no other criminal case pending in Taiwan. The prisoner's consent is checked; once confirmed, it cannot be withdrawn (Article 19).

The Arrangement between the justice authorities of Taiwan and the UK on the Transfer of Sentenced Persons entered into force on May 3, 2016. Its conditions include close ties to the UK, the prisoner's consent, a final judgment with no other proceedings pending, generally at least 12 months left to serve, the act being an offense in the UK too, and approval by both authorities.

Taiwan's Ministry of Justice reported that it transferred a third British prisoner under the arrangement on December 8, 2025. Transfers are decided case by case.

Deportation may also follow a prison sentence, as discussed in our police questioning column. Release on bail may include a ban on leaving Taiwan; our guide to exit bans on foreigners explains those restrictions.

Helping a detained relative from abroad

Families can ask the lawyer for the case number, the prosecutor's office, the date of the detention ruling, and the scope and end date of any contact ban.

Consular contact is another route. Under Article 59 of the Detention Act (羈押法), the detention center must, at the detainee's request, help them meet diplomatic or consular officers or representatives of their country and exchange correspondence with them. The UK pack explains what the British Office Taipei can and cannot do, including providing lists of lawyers and interpreters and, in some circumstances, helping with a transfer application.

While contact is banned, families can ask the lawyer or consular team which items and funds the relative may receive. Anyone can read a crowdfunding page or an interview, so public statements need to be agreed with the lawyer before they go out.

How Hovering International Law Firm can help

If someone close to you is held in Taiwan, Hovering International Law Firm (昊鼎國際法律事務所) can act as defense counsel appointed by the family, visit the client, examine the detention and contact-ban orders, ask the court to lift or narrow them where there are grounds, and explain each stage to relatives abroad in plain terms.

In a first email, please send the person's full name and date of birth, the date and airport of arrest, the detention center and case number if known, the name of any lawyer already acting, and your relationship to them. The firm first checks for conflicts of interest.

Attorney Wei Tseng (曾雋崴) handles consultations. Email wei@hoveringlaw.com.tw. The office is at 7F-2, No. 35, Sec. 1, Chengde Rd., Datong Dist., Taipei City 103, Taiwan (103 臺北市大同區承德路一段35號7樓之2). General information cannot replace advice on the circumstances of a particular case.

Official sources

Related reporting and columns:

Checked: September 30, 2026

Frequently Asked Questions

Why can't we visit or write to our relative detained in Taiwan?
A detained person can usually receive visitors and letters, but Article 105 of the Code of Criminal Procedure allows the court to ban visits and correspondence if they could lead to escape, tampering with evidence or collusion. The order cannot restrict the right to a proper defense. Defense counsel's visits can be restricted only on specific evidence. The order can be challenged, usually within ten days.
Does pleading guilty in Taiwan work like it does in the UK?
Not in the same way. For offenses under Articles 4 to 8 of the Narcotics Hazard Prevention Act, including manufacturing, transporting and selling drugs, Article 17 requires the sentence to be reduced if the accused confesses during the investigation and at every trial stage. Revealing the source of the drugs, leading to the capture of other offenders, brings a reduction or exemption. Whether to confess is for the accused to decide with defense counsel who has seen the evidence.
Can a British national sentenced in Taiwan serve the sentence in the UK?
Possibly, but only after a final judgment. The prisoner-transfer arrangement between Taiwan and the UK has been in force since May 3, 2016. A transfer requires, among other things, the prisoner's consent, a final judgment, no other pending proceedings, generally at least 12 months left to serve, and approval by both sides.

This article provides general information and is not legal advice on any individual matter.

Related reading

Detained in Taiwan: A Guide for Families | Hovering Law