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British nationals in trouble abroad: are we aware of our options?
For many British citizens, going abroad means a relaxing week in the sun, complete with visits to the beach and enjoying the opportunity to experience different cultures. However, for many Britons, going abroad often involves a mix of alcohol and partying, sometimes with no understanding of the laws in place. Events such as hen do’s, stag do’s, and weddings often take place abroad, with 2019 statistics showing that more British nationals are going abroad for weddings, hen do’s, and stag do’s than ever before. Unfortunately, not all trips abroad end with a happy ending. It is estimated that every year, nearly 6,000 British nationals are arrested or detained abroad. According to records, Spain continues to be the country where most Britons require assistance.
To find out more about how responsible British people are when going abroad, Giambrone & Partners conducted a survey asking British nationals about their attitudes when going abroad to an EU country. We also set out to find out whether the majority of British nationals would be aware of the options available to them if they were to get in trouble with the law abroad.
Do we take the time to research the safety of an area before going abroad?
According to a 2022 study, UK nationals took an average of 1.3 overseas holidays per capita between September 2021 and August 2022. Although going on holiday should be an opportunity to relax and explore new surroundings, it is also important for Britons to understand that laws, such as those surrounding antisocial behaviour, can differ from those in Britain. For example, countries such as Spain and Italy tend to have stricter laws around drinking, antisocial behaviour and other public behaviours deemed as unacceptable. For example, in some parts of Spain, it’s against the law to be in the street wearing only a bikini or swimming shorts/trunks.
The laws around drug possession abroad can also vary drastically. In Italy, possession of drugs, regardless of the quantity, is a serious offence. Possession of drugs with intent to supply attracts a prison sentence of six to 20 years, together with the potential for a fine of anywhere between €26,000 to €260,000. There are different police forces working in different disciplines. In Spain, on the other hand, the likely sentence for possession of drugs is two to six years and a discretionary fine.
Taking this information into account, how responsible are British nationals when it comes to going abroad? Do we take the time to understand the different laws in a country before going abroad for events such as parties and weddings? Our 2022 survey found that 95% of British nationals don’t spend time researching and understanding the differing laws in a country abroad:
“Before you go on holiday to an EU country, do you read about laws in the country that may differ from UK laws?”
Researching local law in a country beforehand is vital to ensuring we are aware of certain laws that may not even spring to mind when we travel abroad to spend some relaxing time in the sun. Understanding the restrictions abroad may make the difference between an innocent night out and potentially running into trouble with the law.
Find out how Giambrone & Partners can assist if you run into trouble with the law abroad.
What are some common instances of British nationals getting into trouble with the law abroad?
Drunkenness and drug use account for a large number of arrests of British travellers in European countries, together with violent assault. Spain, for example, has taken steps to limit the consumption of alcohol in certain tourist resorts in an attempt to prevent antisocial behaviour arising from drunkenness. Breaching the new laws may result in fines between €30,000 and €60,000.
In our 2022 survey, 10% of people admitted to getting into trouble with the law abroad in an EU country:
“Have you ever got into trouble with the law abroad in an EU country, or faced a fine?”
Furthermore, 17% of our respondents admitted to getting into an accident abroad, such as a car crash:
“Have you ever got into an accident abroad in an EU country, such as a car crash?”
Are we aware of our options if we were to get into trouble with the law abroad?
Experiencing arrest is an unnerving and intimidating prospect in your home country and being arrested abroad is far more disturbing. Often, individuals are caught up in situations and are unsure why they have been arrested. It is also common for individuals to face a language barrier and isolation, often with little or no knowledge of their rights.
When we asked British nationals whether they would know what to do if they got into trouble abroad – an alarming 95% of people admitted to not knowing what steps they would need to take:
“If you got into legal trouble abroad, would you know what your options are and what steps to take?”
What should you do if you do get into trouble abroad in an EU country?
If you find yourself in trouble abroad, your first thought may be to contact the British Embassy for help through the Foreign and Commonwealth Office. However, 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 citizen’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.
Giambrone & Partners’ criminal defence lawyers have a well-deserved track record in assisting British citizens under arrest in European countries such as Italy, Spain and Portugal. Our lawyers have assisted in several matters where their defence arguments have resulted in the avoidance of custodial sentences. We will provide invaluable guidance and will advise you on your options.
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