THE approach taken by UK authorities to the case of brain tumour patient Ashya King is "misconceived", a leading lawyer has said.
John Cooper QC said the five-year-old's parents Brett and Naghmeh do not appear to have committed any crime.
The family took Ashya from Southampton General Hospital last Thursday and travelled to France with him and his six siblings before heading to the Costa del Sol in southern Spain.
Mr King (51) and Mrs King (45) were arrested on Saturday night in Velez-Malaga.
British police have defended their decision to request a European arrest warrant, while the Crown Prosecution Service (CPS) said the case was under "immediate review". "The approach being taken in this case is misconceived. I am concerned firstly that the CPS have authorised an approach to this investigation without any foundation in law," Mr Cooper said. "I do not see upon my analysis that the family have committed any criminal offence and if that's correct the basis firstly for the European arrest warrant and secondly for extradition proceedings is a false basis as a matter of law.
"Quite why this has happened is a matter of speculation. "From 30 years of experience as a QC in crime and human rights I personally cannot see the basis for this application."
A judge in Spain ruled that the Kings must be held for up to 72 hours while the court considers whether to grant a British extradition request.
Mr Cooper called for the parents to be granted bail "if for no other reason than compassionate".
He called on the Crown Prosecution Service to explain their decision to apply for an arrest warrant "given the unprecedented national and international interest in this case".