What To Do If You Are Arrested In Europe

• Published date: 08 August 2022
• Subject Matter: Criminal Law, Crime
• Law Firm: Giambrone & Partners
• Author: Mr Vincenzo Senatore

Many people are looking forward to a relaxing break on holiday in Europe, hoping to let off steam after the long months putting up with the pandemic, politics plus the impending financial downturn. Nobody sets off on holiday expecting to be arrested but it becomes a stark reality for some people. The Foreign and Commonwealth Office confirms that hundreds of British citizens are arrested across Europe each year whilst they are on holiday.

Experiencing arrest is an unnerving and intimidating prospect in your home country, being arrested abroad is far more disturbing. Often individuals are caught up in situations and are unsure why they have been arrested and often face a language barrier, isolation, often with little or no knowledge of their rights.

Your first thought may be to contact the British Embassy for help through the Foreign and Commonwealth Office but strictly speaking, there is no entitlement to consular assistance when you have been arrested abroad, all such assistance is discretionary. The Foreign Office points out that it has no power to establish a British national's safety or security when arrested abroad as that is the responsibility of the authorities of the country concerned.

Regardless of the reason for your arrest, whether it was your own fault or not, the most important step to take is to contact an experienced criminal defence lawyer who speaks your language. In most European countries the authorities have an obligation to provide legal representation with the ability to speak the language of the arrested person. However, the level of the duty lawyer's English may not be especially good.

Vincenzo Senatore, a partner, commented "There are wide variations in European countries as to how seriously certain offences are regarded. Just because your conduct in the UK would result in a warning from the police rather than arrest, this does not mean that the same conduct in a European country will be treated in the same way" Vincenzo pointed out "in some countries certain offences, regardless of how minimal they are, attract mandatory prison sentences. if you are arrested abroad it is essential, as a matter of urgency, to obtain first-rate legal advice from English-speaking lawyers before answering any questions or signing any documents."

Giambrone & Partners' highly experienced criminal defence lawyers point out that after arrest you may be...