The departure of the United Kingdom from the European Union has radically changed criminal cooperation between the two territories. Instead of the European Arrest Warrant (EAW), the European arrest warrant (EAW) is now in place. Trade and Cooperation Agreement (TCA) signed in 2021. For persons detained in Spain on the basis of an extradition request from the United Kingdom or for foreign law firms representing them, knowledge of the legal framework and its deadlines is crucial. At Venfort Lawyers We have extensive experience in these procedures and the collaboration of a specialized law firm in London, which guarantees an effective and coordinated defense.

Legal framework: key articles of the PCA

Title VII of the PCA regulates the surrender of wanted persons and replaces, in the relationship with the United Kingdom, the former OED. Some articles are particularly important for assessing the legality of the arrest warrant and outlining the defensive strategy.

Article 611: consent to delivery

When the detainee decides to accept his or her surrender, the consent and waiver of the principle of specialty must be formalized before the judicial enforcement authority (in Spain, the Central Court of Instruction of the Audiencia Nacional). Article 611 requires that this consent be voluntary and fully informed, with legal assistance.

In practice, the judge must ensure that the detainee is aware of the charges, the consequences of his or her waiver and that he or she has a lawyer to advise him or her. Consent may speed up the surrender, but it also implies waiving certain guarantees, so it is essential to assess the situation with a specialized team.

Article 612: hearing of the person sought

If the detained person does not consent If the detainee is to be surrendered, the judicial authority must hold a hearing at which his or her arguments are heard. This hearing verifies the identity of the arrested person, the content of the arrest warrant and discusses grounds for refusal (statute of limitations, lack of dual criminality or risk of violation of fundamental rights). The person sought has the right to be assisted by a lawyer and interpreter, as well as to appoint a lawyer in the United Kingdom to collaborate with the Spanish lawyer.

Article 615: time limits and procedure for decision

Article 615 sets the time limits for the judicial enforcement authority to decide whether or not to surrender the requested person.

• Consent of the claimant: if the detainee consents to the surrender, the Audiencia Nacional must decide in 10 days.
• Opposition: if it opposes surrender, the court has at its disposal 60 days to resolve.
• Extension: in exceptional cases, the time limit may be extended 30 days The issuing authority must be notified in advance and the reasons for the delay must be explained.

It is important to note that the expiration of these deadlines does not automatically result in the release of the detainee or the closing of the proceedings.; The court is still obliged to decide, although the defense may request provisional release if the deprivation of liberty is excessive.

Article 625: Principle of specialty and waiver (paragraph 2)

This article protects the person surrendered from being tried for prior offenses other than those for which the arrest warrant was issued.

• General rule: the surrendered person may not be prosecuted, convicted or deprived of liberty for other previous offenses without the authorization of the surrendering State[3].
• Waiver (art. 625 paragraph 2): the waiver must be formulated before the Spanish judge, with the assistance of a lawyer, and be recorded in the minutes; the person must understand its consequences and the waiver is irrevocable.

2. Rights and dual defense of the detainee

In addition to consent and hearing, the ACC reinforces the rights of the person sought. These include:

• To be informed without delay of the arrest warrant and the possibility of consenting to its surrender.
• Legal assistance in Spain from the moment of arrest and the right to appoint a lawyer in the United Kingdom to support the Spanish lawyer. This dual defense allows simultaneous work in both countries to challenge the order and seek assurances.
• Interpreter and translation when the person does not understand the language in which the order is issued.
• Consular notificationRight to communicate with the consular authorities of your country.
• Respect for the principle of proportionality, The purpose is to ensure that arrests are not requested for minor offenses.

3. Recommendations for offices and family members

1. Consult a specialized firm. Speed is key, as the deadlines for filing pleadings are short. Venfort Abogados has more than 20 years of experience in criminal law and extraditions, accreditation before the International Criminal Court and a team that includes former judges and experts in international criminal law. In addition, we work in coordination with an ultra-specialized law firm. specialized British in extraditions, which allows us to analyze the order at source and seek assurances in the United Kingdom.
2. Check the order form. It must include the identity of the defendant, the description of the offense, the maximum penalty foreseen and the authority issuing it. Any formal defects may be alleged at the hearing.
3. Gather documentation. It is useful to gather identity documents, proof of roots (employment, family), medical records and any evidence that shows disproportionality or that the act is not a crime in Spain.
4. Controlling deadlines. The defense must monitor compliance with the time limits of Article 615 and, in case of delays, assess the request for provisional release.
5. Coordination with the British lawyer. Collaboration allows for submissions in the UK to withdraw or modify the order and to secure safeguards (e.g., review of possible life sentences).
6. Informing the family. Maintaining constant contact with the lawyer, avoiding publications on social networks that may harm the case and providing logistical support to the detainee facilitates an effective defense.

4. The advantage of being defended by Venfort Lawyers

Venfort Abogados is a law firm leader in international criminal law and extraditions with offices in Spain and Venezuela. Our accredited director coordinates a team with experts in economic criminal, international criminal and corporate law. The firm has a proven track record in extraditions requested by the United Kingdom, including:

• Comprehensive analysis of TaCA orders (Trade and Cooperation Agreement arrest warrants) and its adaptation to the PCA and Spanish Law.
• Coordinated dual defense with an ultra-specialized British law firm, ensuring that the strategy before the Audiencia Nacional is complemented with actions in the United Kingdom.
• Negotiation of diplomatic assurances to guarantee human rights standards.
• Personalized attention 24 hours a day, with both a legal and human approach, to accompany the detainee and his family at a time of great uncertainty.

Extradition to the United Kingdom is governed by specific rules that require speed, technical expertise and international coordination. Our court practice allows us to develop effective strategies. Venfort Lawyers offers a comprehensive defense backed by years of experience, international accreditation and a network of partners in the UK. If you or a client is facing a British arrest warrant in Spain, trust our team to protect your rights and explore all legal avenues. Contact us.

By Dr. Alan Aldana
International criminal lawyer specialized in extradition and cross-border defense.
Licensed to practice in Spain and Venezuela.
Lawyer accredited before the International Criminal Court.