Police detention in Spain may only last as long as is strictly necessary to establish the facts and, at most, 72 hours: after that, the detainee must be released or brought before a judge (article 17.2 of the Spanish Constitution and article 520.1 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim). The 72 hours are a ceiling, not a period the police are entitled to use up. Only in terrorism cases can it be extended by 48 hours with judicial authorisation, and for minors the maximum is 24 hours.
How long detention can last is the first thing families ask when they message us in the middle of the night, and it is also what the detained person asks as soon as they can speak to their lawyer. The short answer is “as little as possible”. We explain the time limits, what can happen at the end and what to do if you think they are being exceeded.
The maximum period: strictly necessary time and 72 hours
The rule is in the Constitution. Article 17.2 states that preventive detention “may not last longer than the time strictly necessary to carry out the inquiries aimed at establishing the facts” and that, in any event, within a maximum of seventy-two hours the detainee must be released or placed at the disposal of the courts.
Article 520.1 of the Criminal Procedure Act repeats that limit and adds a practical safeguard: the police report (atestado) must record the place and time of the arrest and the time at which the detainee was brought before the court or released. This makes it possible to check whether the time limit was respected.
There are two limits, and they apply at the same time:
- A relative limit: the time strictly necessary. If the police have finished their procedures (identification, a statement if you wish to give one, fingerprinting and photographs, the police report), they must release you or take you to court, even if only a few hours have passed.
- An absolute limit: 72 hours, which can never be exceeded except in terrorism cases.
Article 496 of the same Act, in its historical wording, even refers to handing the detainee over to the nearest judge within the following 24 hours.
Important: a weekend or public holiday does not justify extending detention. The duty court (juzgado de guardia) operates every day of the year. We explain this in what happens if you are arrested at the weekend in Alicante.
Time limits by type of detention
| Situation | Maximum period | Legal basis |
|---|---|---|
| Ordinary police detention | Time strictly necessary; maximum 72 hours | Art. 17.2 CE and art. 520.1 LECrim |
| Terrorism or armed gangs | 72 hours, extendable by 48 more with judicial authorisation | Art. 520 bis LECrim |
| Minor | Maximum 24 hours until handed over to the Juvenile Prosecutor’s Office | Art. 17.4 LO 5/2000 |
| Citizen’s arrest | Immediate handover to the police or the judge; the law sets 24 hours | Art. 496 LECrim |
The terrorism exception
Article 520 bis allows the detention of people under investigation for offences committed by members of armed gangs or terrorists to be extended by up to 48 more hours, provided the police request it with reasons within the first 48 hours and the judge authorises it within the following 24.
If the detainee is a minor
Article 17.4 of Organic Act 5/2000 on the criminal responsibility of minors (Ley Orgánica de responsabilidad penal de los menores) shortens the period: police detention of a minor may not exceed the time strictly necessary and, in any event, within 24 hours the minor must be released or placed at the disposal of the Public Prosecutor (Ministerio Fiscal). The Prosecutor’s Office then has up to 48 hours from the arrest to decide whether to release the minor, drop the case or open proceedings and ask the Juvenile Judge (Juez de Menores) for interim measures (article 17.5). In addition, the minor must be held separately from adults and give any statement with their lawyer and, save in exceptional cases, with their parents or guardians. If this is your situation, see our service as a juvenile crime lawyer in Alicante.
Citizen’s arrest
Anyone may arrest a person who is about to commit an offence at the moment they are going to commit it, a person caught in the act or an escaped prisoner, among other cases (article 490 LECrim). Whoever does so must show, if required, that they had reasonably sufficient grounds (article 491) and must hand the detainee over to the authorities. Article 496 sets a 24-hour limit, but the sensible course is to hand them over to the police on the spot.
Your rights while you are detained
From the very first moment you must be informed in writing, in a language you understand, of the facts you are accused of, the reasons for your arrest and your rights (article 520.2 LECrim). These include:
- Remaining silent, declining to answer some questions or giving a statement only before the judge. We cover this in whether you can remain silent as a suspect.
- Appointing a lawyer or having a legal aid lawyer assigned. The lawyer must attend within a maximum of three hours of receiving the request (article 520.5), and you can speak to them in private before giving any statement.
- Having a relative or a person of your choice informed and making a phone call; if you are a foreign national, having your consulate informed. If this applies to you, you may find our service as a criminal lawyer for foreign nationals useful.
- A free interpreter and an examination by the forensic doctor (médico forense).
- Being told the maximum period of detention and how to challenge its lawfulness.
You will find the full list in what to do if you are arrested: rights and steps to follow.
What happens when detention ends
When the police procedures are over, there are two possible outcomes:
- Release from the police station. The police let you go. They may do so without more, or with a summons to appear before the duty court on a specific day and time, as article 796 LECrim provides for speedy trials. Leaving the police station does not mean the matter is over: the police report is sent to the court.
- Being brought before the court. You are taken to the duty court. There the judge takes your statement (you may decline to give one) and decides on your personal situation: release, release with conditions or, if a prosecuting party requests it at the hearing under article 505, pre-trial detention (prisión provisional). That hearing must be held within 72 hours of your being brought before the court.
Remember that, for a minor offence (delito leve), article 495 LECrim only allows arrest if the person has no known address and does not provide sufficient bail.
If detention goes on too long: habeas corpus
Organic Act 6/1984 regulates the habeas corpus procedure, which allows a judge to check the lawfulness of a detention immediately. Its article 1 treats as unlawful, among others, any detention that exceeds the legal time limit without release or handover to a judge, and any detention in which the detainee’s rights are not respected.
It can be requested by the detainee, their spouse or partner, their relatives, their lawyer, the public prosecutor or the Ombudsman (Defensor del Pueblo), and it does not require a lawyer or court representative (procurador) (articles 3 and 4). The police must notify the judge immediately, and the judge has 24 hours from the order opening the procedure to decide (article 7). In addition, prolonging a detention in breach of the time limits may be a criminal offence for the officer responsible (article 530 of the Criminal Code). We explain when it makes sense to request it in habeas corpus: when to request it.
How long detention lasts in Alicante
The time limits are the same throughout Spain. In the city of Alicante, if the National Police (Policía Nacional) are involved, the Provincial Police Station is at calle Isabel la Católica, 25, according to the National Police directory of premises. If the arrest is made by the Guardia Civil or takes place in another municipality, custody and the court will depend on the judicial district where the events occurred.
Following Organic Act 1/2025, the former investigating courts are now the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia). According to the Generalitat Valenciana directory, the Alicante Duty Court is at Avenida de Aguilera, 53. Detainees from the Alicante judicial district are brought there. For habeas corpus, jurisdiction lies with the investigating judge of the place where the detainee is held (article 2 of Organic Act 6/1984).
When we are told about an arrest, we inform the police that we are the detainee’s chosen lawyer, go to the police station, speak to the detainee in private and keep track of the time. Celeste Pérez Bleda has assisted more than 800 detainees in more than 20 years of criminal practice, and our team will assist you in English. If the arrest relates to gender violence, we deal with it on our website specialising in gender violence.
Frequently asked questions
Can they keep me in a cell for 72 hours for no reason?
No. The 72 hours in article 17.2 of the Constitution are an absolute maximum, not a period the police are entitled to use up. Detention may only last as long as is strictly necessary to establish the facts. If the police procedures are over and you are still being held without justification, your lawyer or your family can request habeas corpus before the duty court.
How long can a minor be detained?
A maximum of 24 hours at police premises, under article 17.4 of Organic Act 5/2000. Within that period the minor must be released or placed at the disposal of the Juvenile Prosecutor’s Office, which has up to 48 hours from the arrest to decide. Parents or guardians must be informed immediately and the minor must be kept separate from adults.
Do hours spent in hospital or in transfer count?
Yes. The period starts the moment you are deprived of your liberty, not when you arrive at the police station, which is why the police report must record the time and place of the arrest (article 520.1 of the Criminal Procedure Act). Transfers, medical examinations and waiting times all form part of the same period of detention.
If they release me from the police station, is it all over?
Not necessarily. The police may release you and send their report to the court, or summon you to appear before the duty court on a specific day and time. Later on you may receive a summons as a suspect (investigado). It is advisable for a lawyer to review the police report as soon as possible to prepare your defence.
Who can request habeas corpus?
Under article 3 of Organic Act 6/1984: the detainee, their spouse or partner, descendants, ascendants, siblings, legal representatives if the detainee is a minor, their lawyer, the Public Prosecutor and the Ombudsman. The judge may also open the procedure of their own motion. No lawyer or court representative is required, and the judge must decide within 24 hours of ordering the procedure to be opened.
If someone close to you has just been arrested, do not wait for the hours to pass. We help you find out where they are, go to the police station and make sure their rights and the time limits are respected. Our team will assist you in English. You will find all the information on our service as an arrest lawyer available 24 hours in Alicante, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away.
Legal basis and sources
- Spanish Constitution (art. 17)
- Criminal Procedure Act (arts. 490, 491, 495, 496, 505, 520, 520 bis and 796)
- Organic Act 5/2000 on the criminal responsibility of minors (art. 17)
- Organic Act 6/1984 regulating the habeas corpus procedure
- Criminal Code (art. 530)
- Organic Act 1/2025 on the efficiency of the Public Justice Service
- Generalitat Valenciana: Alicante Duty Court
- National Police: directory of premises
