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Andrew arrested: What is ‘misconduct in public office’ charge and why is it linked to the Epstein files? EXPLAINED | World News

In a historic moment for the British Monarchy, Andrew Mountbatten-Windsor was arrested on Thursday morning (February 19) on suspicion of abuse of public office. The arrest occurred at Wood Farm on the Sandringham Estate as the former prince was celebrating his 66th birthday.

Photos shared by the BBC and other media outlets showed six unmarked police vehicles and around eight plainclothes officers arriving at the site shortly after 8am. Thames Valley Police confirmed searches were also carried out at addresses in Berkshire and Norfolk.

Epstein files: ‘Sensitive document’Eaks

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Although specific details remain classified, the investigation is directly linked to a series of documents recently released by the U.S. Department of Justice, commonly known as the “Epstein Files.”

claim: Investigators are investigating allegations that Andrew shared secret government reports and business travel plans with late sex offender Jeffrey Epstein during his tenure as the United Kingdom’s Special Representative for International Trade and Investment (2010–2011).

direct evidence: Emails released earlier this month show the former prince forwarded sensitive business briefs to Epstein within minutes of receiving them from advisers.

continued denial: Andrew has consistently denied any wrongdoing and has previously described his relationship with Epstein as a “mistake” that he deeply regrets.

What is ‘misconduct in public office’?

Under English common law, misconduct in public office is a serious offense that can lead to a maximum sentence of life imprisonment. According to the Crown Prosecution Service (CPS), this charge will apply if a public servant:

  • He works as a public official.
  • Willfully neglects his duties or misbehaves.
  • He acts in a way that undermines the public’s trust.
  • There is no reasonable excuse or justification for his actions.

Expert note: Legal analyst Joshua Rozenberg noted that this charge is unique because it comes from a “judge-created” law rather than a law passed by Parliament, giving judges significant discretion in sentencing.

A changing legal landscape: Hillsborough law

The arrest comes as the British government aims to replace this centuries-old common law crime with the Public Office (Liability) Bill currently being debated in Parliament.

Duty of candor: Often referred to as the “Hillsborough Act,” this law requires public officials to act “frankly, transparently and honestly.”

new crimesIf passed, the bill would create two specific statutory offenses that would replace the current charge:

  • Using public office for personal gain or harm.
  • Failure to prevent death or serious injury.

Penalty Change: While the current charge carries a potential sentence of life in prison, the new statutory charges are expected to result in a maximum sentence of 10 to 14 years in prison.

Buckingham Palace and Political Reaction

Buckingham Palace did not release an official statement today, but King George III. Charles has supported police investigations in the past. The King took the unprecedented step of stripping his brother of all royal titles and the title of “HRH” in October 2025.

Prime Minister Sir Keir Starmer repeated his call for accountability, saying on BBC Breakfast on Thursday: “No one is above the law.”

READ ALSO | Andrew Mountbatten-Windsor arrested: Former Prince and King Charles’ brother held at Sandringham on his 66th birthday over Epstein links

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