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What are the common reasons why British Nationals are arrested in Spain?
In popular tourist destinations, such as Greece, Cyprus and Portugal, there has been an anti-social behaviour and binge drinking reputation for the British. The “Brit abroad” has been a negative stereotype of UK holiday-goers for decades
According to a recent survey, the most popular destination for British nationals in 2021 was Spain; with an estimated 4.23 million tourists travelling to Spain. However, there are a certain number of arrests that occur every year.
This guide will look at the most common reasons for the arrest of British nationals whilst on holiday in Spain and how Giambrone & Partners can help if you find yourself in such a situation.
Click on the links below to jump to that section:
Find out the recurrent reasons why British nationals are arrested in Spain.
Learn more about the things you should consider before travelling to Spain.
Find out the actions you should take if you are arrested in Spain.
Find out how Giambrone & Partners can help if you are arrested in Spain.
Why are British nationals arrested in Spain?
For British nationals in Spain, there are recurrent reasons that leads to arrests.
Drunkenness and drug abuse
The Spanish laws on drugs and alcohol have become more restrictive over the years; partly to combat the anti-social behaviour that frequently occurs throughout the summer period.
Some Spanish councils now prohibit drinking alcohol in the street and fines may be issued. Possession of any quantity of drugs is illegal and can lead to arrest and detention. If there is a large quantity of drugs, this will lead typically in prosecution and a prison sentence.
Anti-social behaviour
Primarily, the reason why the drinking laws have been restricted is to reduce the amount of anti-social behaviour.
This also includes driving under the influence of alcohol. A British national can drive in Spain with a valid UK driving licence. However, Spain has strict drink driving laws, and police regularly carry out roadside checks. If you are found to be over the limit, penalties include being arrested, the loss of your driving licence, and fines.
How you dress
Although most British nationals travel to Spain for the sun, you must be careful with what you wear and more specifically, where you wear it. In some parts of Spain, it is illegal to wear a bikini or any other swimwear in the street. This also may include being bare-chested in certain areas.
Before travelling to Spain, it is suggested that you understand the local laws in the region that you will be staying in.
Consider contacting an international private law firm that understands Spanish law and can advise you on proper etiquette, all to ensure you remain within the law throughout your stay.
Find out more about our Spanish lawyers here.
If the Spanish police believe you to be difficult or uncooperative
If confronted by the Spanish police, you must be seen to be cooperative and do not do anything that could be deemed to be “difficult”. This includes arguing with the police, causing a public scene in the street, making complaints noisily and shouting.
In Spain, it is an offence to appear to be uncooperative or difficult with the police and you will be detained if you do anything that can be construed as uncooperative.
If you are in trouble with police in Sapin, contact us today for assistance.
What should you consider before travelling to Spain?
As Spain is a popular holiday destination, especially for events such as stag and hen parties, drunkenness and other messy situations can be expected. For these circumstances, it is important to take into account certain considerations:
Having an ID on hand
If requested by a Spanish police officer, you must provide evidence of your identity with photo ID. This includes your passport and driving license.
Ignoring this request or simply not having such evidence, having left it at the hotel, can be viewed as “disobedience” and subsequently you may be arrested. Always be sure you have your ID with you throughout your time in Spain.
Passport validity
Make sure you check that your passport meets the requirements for travelling to Spain. This means that the passport must be issued less than ten years before you intend to enter the country (date of issue) and valid for at least three months after you plan to leave (expiry date).
Entry requirements
Since October 2022, travellers are no longer required to show proof of COVID vaccinations for Spain. This includes no need for a negative COVID-19 test and completing a health check form.
Having important contacts
It would be extremely wise to carry contact details of legal professionals that can help you should you be arrested in Spain.
Our lawyers in our Spanish offices in all speak English and will be able to assist you.
Find out more about our services here.
What should you do if you have been arrested in Spain?
If you have been arrested you should be informed as to why you have been detained (in English). You can be held in a police cell for up to 72 hours, after which you will either appear in front of a judge or be released. During this time, you should:
Take legal advice at the earliest opportunity
Even if you believe the charge is minor, it is vital that you find legal representation as soon as possible. A lawyer must be present when you make a statement regardless of whether it is the lawyer provided by the Spanish police (abogado de oficio), or a lawyer you have appointed
It is strongly advised that you seek assistance from a lawyer that understands both the law in Spain and England and Wales and can speak both languages. This will make communication run much smoother and ensure no misunderstandings are made throughout the process.
Request to return to the UK
Your lawyer should advise you of your rights following your arrest. This includes the ability to inform someone of your arrest, the right to seek medical assistance and that you may refuse to answer any questions or make a statement and also involves the possibility of returning to the UK to undergo the legal process in your home country.
Any decisions should not be made rashly without first receiving the advice of a lawyer.
Contact an experienced international solicitor
Whilst there is an entitlement to be provided with an English-speaking lawyer by the Spanish police, if you have no legal representation. This is not always a good option as the duty lawyers and often recently qualified and may have little experience and often their English is not fluent.
It is recommended that you contact a law firm and ensure that you are advised by an independent lawyer with your best interests at heart.
How Giambrone & Partners can help
If you are travelling to Spain for work or any other business reason, you should consider identifying a cross-border law firm as a precaution in case something goes wrong.
Giambrone & Partners have years of experience working across various countries, including the UK, Spain, Germany and Italy.
Contact us here and see how we can help you.
Frequently asked questions
What is a Spanish solicitor called?
Spanish solicitors are called abogados.
What products are prohibited from entering Spain?
Since the UK has left the EU, there are certain items that are prohibited from entering Spain. This includes any animal products; both meat and dairy. The only exception is powdered baby milk, which is sealed in its original packaging.
Can you live in Spain without a job?
Unless you are an EU citizen, there is a limit to the time you can remain in Spain. Non-EU citizens can stay in Spain for up to 90 days after which you must leave the country for a period of 90 days before you are allowed to return.
If you require more information on Spanish law, explore our advice centre here.
Contact us today and see how Giambrone & Partners can help you.