The parents of British boy Ashya King seem set to be released from jail in Spain as prosecutors have withdraw their arrest warrants.

Brett King and his wife Naghemeh, from Portsmouth, have been in police custody in Madrid while a Spanish court considers whether to grant a British extradition request.

Ashya (5), who has a brain tumour, is under police guard at the Materno-Infantil hospital in Malaga, about 330 miles south of the capital.

However, the family could be reunited within hours after a High Court judge was told Britain's Crown Prosecution Service wanted to withdraw international arrest warrants issued after they took the boy from Southampton Hospital to have treatment abroad.

Spain's state prosecutor is also planning to request that the Kings are released on bail, a court source told Reuters.

In a statement, the Crown Prosecution Service said "The CPS is currently taking steps to withdraw the European Arrest Warrants in relation to Brett and Naghemeh King."

"No further action will be taken against Mr and Mrs King and we are now in the process of communicating this decision to the Spanish Authorities so that they can be reunited with their son as soon as possible."

Earlier, Britain's Deputy Prime Minister Nick Clegg says Ashya King should not be separated from his parents while legal proceedings are ongoing.

A European arrest warrant was issued fir his parents on Saturday, after they took him out of hospital against medical advice.