Extradition to Spain

If you are facing extradition to Spain, GB Abogados can assist you.

Extradition is the formal process in which one country requests the return of an individual.  The request is usually made in order for the individual to stand trial or serve a prison sentence.

There are extradition treaties between many nations. Such an agreement exists between the United Kingdom and Spain.

The process of extradition from the UK to Spain is undertaken in the following steps:

Issue of European Arrest Warrant (EAW)

If an individual is alleged to have committed an offence or should be serving a prison sentence in Spain, the Spanish authorities will issue a European arrest Warrant. The EAW is submitted digitally and this alerts the UK police to act on the matter.

The individual will be located and the police will enforce the EAW.


Once the EAW is issued, the UK police will visit the individual’s home to make the arrest. Following arrest the individual should be brought before a judge at the local magistrates’ court as soon as possible.

Initial hearing

During the first court appearance, known as the initial hearing, the judge must confirm the identity of the individual, outline the procedures for the individual to consent to extradition and set a date for the formal extradition hearing.

If there is any doubt about the identity, then the judge should discharge the individual.

If the hearing is adjourned, the judge can either remand the individual in custody or grant bail.

Extradition hearing

The extradition hearing must take place within 21 days of arrest.

If the initial hearing was adjourned, it is possible that the period of 21 days is extended to reflect the period of adjournment.

During the hearing the judge must be satisfied firstly that the alleged offence is also a criminal offence in the UK.

Prior to granting extradition the judge should also consider;

  • the age of the individual
  • time taken
  • absence of prosecution decision
  • double jeopardy
  • cases of onward extradition from a 3rd country
  • whether the individual should be prosecuted in UK instead
  • human rights of the individual

Appealing an extradition

If the judge has granted extradition at the hearing, an individual has the right to appeal to the High Court. This appeal must be lodged within 7 days of the extradition being granted.

In certain circumstances, a second, final appeal can be made to the Supreme Court.

Extradition timeframe

Following a court order for extradition, the individual is extradited within 10 days. This can be extended in special circumstances with approval from the requesting country.

How can GB Abogados help?

If you are facing extradition to Spain, GB Abogados can assist you.

Our criminal law department is highly experienced in cases involving international clients. Legal representation in proceedings relating to extradition to Spain is greatly enhanced by knowledge of Spanish law and the specific case in Spain.

If you would like a confidential, no-obligation consultation, please don’t hesitate to contact us today.

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