Andrew Mountbatten-Windsor: What legal protections do the royal family have?

Andrew Mountbatten-Windsor was arrested on suspicion of abuse of public office. The arrest comes after the US government released files showing it had shared official information with the financier and convicted Jeffrey Epstein of child sex crimes while serving as a trade envoy to the UK. However, police did not provide details on what exactly they were investigating.

It is important to be clear that the arrest was not related to accusations of sexual assault or misconduct. In 2022, Mountbatten-Windsor reached a settlement with the late Virginia Giuffre for an undisclosed sum that did not include an admission of liability.

The presence of his name in the Epstein files is not an indication of malfeasance. Mountbatten-Windsor has previously denied any wrongdoing in her relationship with Epstein and has previously rejected any suggestion that she used her time as trade envoy to further her own interests.

What was Mountbatten-Windsor’s official role and why did he lose?

In 2001, Tony Blair’s government made the then-prince Britain’s special representative for trade and investment. According to the government at the time, his remit was to “promote UK trade internationally, market the UK to potential domestic investors and establish relationships that will support UK business interests”. He took no salary but went on hundreds of trips to promote British businesses.

Members of the royal family are often assigned by the government to international missions to promote trade. When negotiating with other countries, especially those that are monarchies, sending a prominent figure such as a royal family can help seal the deal. In fact, the government at the time claimed that the former Duke of York’s “unique position gave him unrivaled access to members of royal families, heads of state, government ministers and corporate chief executives”.

It is not uncommon for members of the royal family to be assigned diplomatic missions by the government. Royals often host incoming state visits and lead similar visits abroad, and may be assigned to lead delegations on more specific tasks.

However, Mountbatten-Windsor did have an official role as trade envoy. He left his post in 2011 following reports about his friendship with Epstein, who was convicted of sexual crimes in 2011.

Is the royal family protected from prosecution?

The monarch is protected by sovereign immunity, a broad constitutional principle that exempts the monarch from all criminal and civil liability. According to Alfred Dicey, one of the leading constitutionalists of the 19th century, the monarch could not even be sued for “shooting the Prime Minister in the head.” The Prince of Wales also enjoys immunity as the Duke of Cornwall, which protects him from punishment for breaking a number of laws.

State Immunity Act 1978The regulation that grants immunity to the head of state also covers “family members forming part of the household”. However, this phrase has been narrowly interpreted to apply to a very narrow circle of people and does not seem to apply to the ruler’s children in general. For example, in 2002, Princess Anne was sued (although she was not arrested) for failing to control her dogs after they bit two children in Windsor Great Park.

However, there is often a perception that members of the royal family are held to different standards when it comes to the law. In 2016, Thames Valley Police were criticized by anti-monarchy groups for failing to prosecute the then-prince after newspaper reports claimed he had driven his car through the gates of Windsor Great Park. In 2019, the Crown Prosecution Service refused to prosecute Prince Philip for causing a car crash that injured two people.

The monarch also cannot be forced to testify in court. For example, prosecutors failed to subpoena the late queen to testify in the trial of her former butler accused of stealing Princess Diana’s jewels.

In response to Mountbatten-Windsor’s arrest, the king said: “There is now a full, fair and proper process to ensure that this matter is investigated properly and by the appropriate authorities. In this matter, as I have said, we have our full and wholehearted support and cooperation. Let me be clear that the law must take its course.”

When was the last time a royal family member was arrested?

You’d have to go a long way to find out the last time a member of the British royal family was arrested. This was during the English Civil War when Charles I was captured for treason before being found guilty and executed in 1649.

Some royals, including Princess Anne, have committed driving-related offenses, including speeding. However, this arrest makes Mountbatten-Windsor the first member of the royal family to be arrested in modern times; However, it should also be noted that he is no longer a royal; He was stripped of all his official titles in October 2025 as his friendship with Epstein came under even greater scrutiny.

What limits do the police have on investigating royal properties?

Sovereign immunity also prevents police from entering private royal properties to investigate alleged crimes without permission. This could theoretically protect members of the royal family from arrest and prosecution. The Cultural Property (Armed Conflicts) Act 2017 also bans police from searching for stolen or looted artefacts on royal property.

In 2007, two chickens were illegally shot on the Sandringham estate. But Norfolk Police first had to ask Sandringham authorities for permission to enter the property, by which time the bodies of the dead birds had been removed. Police questioned Prince Harry but did not charge him.

Other incidents allegedly led to Sandringham being accused of becoming a wildlife crime hotspot; At least 18 cases of suspected wildlife crime were reported between 2003-23 ​​– but only one resulted in prosecution.

Another long-standing legal precedent is that no one can be arrested in the presence of the monarch or in the vicinity of the royal palace. It was thought that this rule could protect other members of the royal family and royal employees. But Mountbatten-Windsor’s arrest at Sandringham shows that this antiquated principle may no longer apply today.