International cases · United Kingdom
Wanted in the UK and living in Spain
Since Brexit, the UK no longer uses the European Arrest Warrant with Spain. Surrender follows the EU-UK Trade and Cooperation Agreement, which works in a very similar way: a judicial procedure in Madrid, short time limits and a limited list of grounds to refuse. Many requests concern British nationals who live on the Costa del Sol, the Costa Blanca or the islands.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
27
Decisions of the National Court on UK requests that I have reviewed, from mid-2025 to mid-2026.
None refused
In those decisions surrender was granted or made conditional; refusals under the Agreement are rare and need a solid ground.
20 years
Where a life sentence is possible, surrender is conditioned on it being reviewable on request or after twenty years at the latest.
- Surrender granted14 67%
- With conditions7 33%
- Refused0 0%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 21 decisions). One case can produce more than one decision. Conditions, such as returning to Spain to serve the sentence or guarantees on prison conditions, are usually obtained by the defence.
Which rules apply
Title VII of Part Three of the EU-UK Trade and Cooperation Agreement, with the Spanish Extradition Law (Law 4/1985) filling the gaps. The case is heard by the Central Investigating Court and the Criminal Division of the National Court in Madrid, wherever the arrest took place.
Read more−
As with a European Arrest Warrant, you are asked whether you consent to be surrendered. Consent speeds everything up and is very hard to undo.
What the Spanish court checks, and what it does not
The court checks that the facts are a crime in both countries, that the penalty reaches the minimum, that there is no previous judgment for the same facts, and whether guarantees are needed. It does not try the case: the strength of the evidence and how it was obtained are for the UK courts. In several decisions the National Court refused to examine challenges to EncroChat evidence for that reason.
Read more−
Differences in sentence length between the UK and Spain are not, on their own, a reason to refuse, unless the sentence would amount to inhuman treatment.
Life sentences
If the offence can carry a life sentence, Spanish courts make surrender conditional on a guarantee that the sentence will be reviewed on request or after twenty years at the latest. The UK usually provides it, so this is a condition rather than a defence that stops surrender. If the UK has made the rules on early release harsher since the facts, the Spanish court has to examine that risk itself and can ask for guarantees.
Living in Spain: when it helps
The Agreement allows surrender to be refused or conditioned when the person lives in Spain, but the courts require real and lasting residence: years of living here, work, home and family, all documented. A recent move to Spain after the facts, especially after leaving the UK while on licence or under investigation, has been treated as a sign of flight rather than of roots.
Read more−
Solid residence also matters for release while the case is decided. Without it, provisional detention is the usual outcome.
Serving a sentence in Spain
Both countries are parties to the Council of Europe Convention on the Transfer of Sentenced Persons of 1983. A person convicted in the UK can ask to serve the sentence in Spain, and the other way round, if both states and the person agree. It is a separate procedure and it takes time, so it is worth planning from the start.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I am British and have lived in Spain for years. Can I avoid being sent back?
Long and documented residence is the strongest argument to refuse or condition surrender, or at least to obtain release while the case is decided. It does not work automatically and has to be proved with documents: residence registration, work, tax, children's schooling, home.
Can I challenge the evidence in Spain?
As a rule, no. The Spanish court does not decide whether the evidence is strong or lawfully obtained; that is for the UK court. The defence in Spain focuses on the legal requirements and guarantees.
How long does it take?
If you consent, surrender can happen within weeks. If you oppose, there is a hearing and a decision with an appeal. The time limits are short compared with ordinary criminal cases.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
You may also need