The Guard Court in Las Palmas: What Happens in the First Hours
Most people find out what a guard court is in the middle of the night, over the phone, and with very poor information. This article explains what happens during those hours, because what gets decided then shapes the whole procedure that follows.
What the Guard Court Is
The duty service — the servicio de guardia — is the mechanism that keeps the justice system available outside ordinary hours: nights, weekends and public holidays. It is not a separate court, but a rotating shift taken on by the Examining Courts (Juzgados de Instrucción) of the judicial district.
It handles the decisions that cannot wait: an arrested person's personal situation, urgent precautionary measures, searches of premises, and the proceedings the law allows to be resolved immediately.
How Long an Arrest Can Last
Pre-trial detention may not last longer than strictly necessary for the inquiries needed to clarify the facts and, in any event, within a maximum of seventy-two hours the detained person must be released or brought before the judicial authority. That limit is set by Article 17 of the Spanish Constitution.
Seventy-two hours is the maximum, not the norm. In most cases the person is brought before the court well before that. And one detail that worries families needlessly: reaching the time limit does not mean things are getting worse — it means the police investigation has not yet finished.
What Happens Inside
Once the detained person is brought before the guard court, the usual sequence is:
- Private meeting with the lawyer, before making any statement. This is a right, and it is the point at which the defense strategy is decided once the police report has been read.
- Statement before the judge, if the person chooses to make one. They may exercise the right to remain silent, or answer only their own lawyer's questions.
- Hearing on personal situation, if the Public Prosecutor or a private prosecution requests pre-trial detention or another precautionary measure.
- Ruling: release, release with conditions — periodic court appearances, surrender of passport, a restraining order — or pre-trial detention.
The only truly decisive moment of that whole night is the private meeting beforehand. That is where it is decided what gets said, and it is the one thing lost when there is no lawyer of one's own choosing.
The Fast-Track Trial
Certain offenses — road safety, injuries, theft, gender violence, among others — can be handled through the fast-track trial procedure (juicio rápido): the guard court itself carries out the urgent proceedings, and the trial is scheduled within days.
That is where a plea agreement (conformidad) is offered, with a one-third reduction of the sentence requested. The reduction is real, and sometimes worth taking, but it means accepting a criminal conviction — with a criminal record — decided on the strength of a police report that has only just been read. It should never be signed without having it reviewed first.
What the Family Can Do
This is the question we are asked most often, and the answer is short:
- Appoint a trusted lawyer as soon as possible. The detained person has the right to choose one, and a family member can make that appointment on their behalf. There is no need to wait for a court-appointed lawyer.
- Do not call the other party or try to sort things out by message. All of that ends up in the case file.
- Gather documentation showing ties to the area: employment contract, proof of residence, family dependents. This is what gets weighed at the hearing on personal situation.
- Do not go to the courthouse to wait, unless the lawyer asks you to. It does not speed anything up, and reliable information arrives sooner by phone.
Where It Is and How It Works Across the Province
In the capital, the duty service is provided at the Ciudad de la Justicia (Hall of Justice) in Las Palmas de Gran Canaria. Outside the capital, each judicial district runs its own duty rota: Telde, Arucas, San Bartolomé de Tirajana, Santa María de Guía, Santa Lucía de Tirajana, and the corresponding courts in Lanzarote and Fuerteventura.
Jurisdiction is determined by where the events took place. It is common for an arrest made in the south of the island to be handled by a court other than the one in the capital, and for the family to find that out too late.
If you have someone in custody right now, the urgent thing is not to read more — it is to get a lawyer access to the police report before the person makes any statement.
Need advice on Criminal Law? Our team is ready to help.
Notice: this article is for general information purposes and reflects the law in force on its publication date. It is not legal or tax advice for any specific case. Before making any decision, consult a professional.
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