What are your legal rights if you are arrested in Spain
Being arrested abroad is never part of the plan, but sometimes it does happen – and when it does, it can be frightening, confusing, and extremely isolating. For British nationals in Spain, a lack of knowledge about the local legal processes or being unable to speak the language can make the situation even more difficult. But it’s important to remember that you still have rights, and there are steps you can take to protect yourself until you can meet with an English-speaking solicitor.
At Gascon Bernabeu, we understand how different Spain’s legal system is from that of the UK. From the moment of arrest, the procedures and terminology may feel unfamiliar, so it’s essential to get the right legal support early on. However, knowing your rights helps make sure that you’re treated fairly – and that you don’t accidentally put yourself in a worse position.
What will happen if you’re arrested in Spain?
If you’re arrested in Spain, you’ll usually be taken to a police station for questioning. At this point, the Spanish police are required to inform you of the reason for your arrest. You also have the right to remain silent, and you don’t have to answer any questions until you’ve spoken to an English-speaking solicitor. If you don’t speak Spanish, an interpreter should be provided free of charge.
You also have the right to legal representation. You can request a solicitor of your choosing – ideally, someone who understands how to support foreign nationals, like our expert team of English-speaking criminal law solicitors. If you don’t have a lawyer, one will be appointed for you, but communication can sometimes be a challenge, especially in smaller towns or rural areas.
How long can you be held in custody?
If you’re arrested in Spain, the police can legally detain you for up to 72 hours (three days) before they must either release you or take you before a judge. This initial period can feel overwhelming – especially if you’re unsure what’s happening or unable to communicate clearly.
That’s where we come in. Our team of English-speaking solicitors can speak directly to the police on your behalf, ensuring that your side of the story is heard, your rights are respected, and that no misunderstandings occur due to language barriers. We’ll also begin gathering all relevant information and preparing a strategy while you’re still in custody so nothing is left to chance.
If your case proceeds to court, the judge will decide whether you’re released (with or without restrictions), granted bail, or held in provisional custody while further investigations take place. Whatever the outcome, we’ll be there to guide and support you through every stage.
What does provisional custody mean?
Provisional custody, or prisión provisional, means being held in prison while the investigation is still ongoing. It’s not the same as being found guilty, but it does mean you could be detained for some time while the court gathers evidence and decides how to proceed.
For less serious offences, this step can often be avoided – especially if legal support is in place early on. That’s where we can make a difference. Our English-speaking solicitors can speak to the authorities on your behalf, push for your release where appropriate, and help present the facts clearly to the court.
In more serious cases, or where there’s concern that someone might try to leave the country, a judge might decide to keep them in custody until trial. If that happens, we’ll be there to challenge the decision and make sure your rights are protected throughout.
What happens if charges are brought?
If the judge decides there’s enough evidence, your case will move into the investigation stage. This is where the court gathers more information, interviews witnesses, and prepares for a possible trial. Depending on the complexity of your case, this phase can take weeks or even months.
If your case does go to trial, you’ll be expected to appear in court. You’ll have the right to legal representation, access to an interpreter, and full disclosure of the evidence against you. Sentences in Spain can vary widely from fines and suspended sentences to time in prison, depending on the offence and outcome. Throughout this process, our team will be on hand to explain every step, prepare your defence, and fight for the best possible result.
If you’re a UK citizen, you can get in touch with the British Consulate. They can help you find an English-speaking solicitor, inform your family, and explain how the local system works. However,they can’t offer legal advice or intervene in court proceedings. That’s where we come in.
At Gascon Bernabeu, our English-speaking solicitors offer expert legal advice and can help guide you through the Spanish legal system. If you or someone you know has been arrested in Spain, it’s important to remember that you’re not alone. We understand how challenging situations like this can be, and we are here to help you navigate through them.
For more information, you can head to our criminal law service page, or if you need assistance, get in touch with our team of English-speaking solicitors today via email at info@gbabogados.co.uk, by calling +44 (0)20 3137 1320 or by reaching out through the form on our website. We’re here to help.