What happens next after Andrew Mountbatten-Windsor’s arrest?
Andrew Mountbatten-Windsor was arrested on suspicion of misconduct in public office over allegations he leaked confidential documents to pedophile financier Jeffrey Epstein and was released under investigation.
Thames Valley Police confirmed the arrest on Thursday, his 66th birthday, following allegations that the former prince shared sensitive information with Epstein while serving as Britain’s trade envoy, revealed in the latest installment of the Epstein files.
Aylesham was held in custody for 11 hours for police questioning before he was photographed cowering in the back of a Range Rover as he was driven from a police station in Norfolk.
Police also raided two addresses outside Wood Farm, where Mr Mountbatten-Windsor lived on the King’s Sandringham Estate in Norfolk, where unmarked police cars and plainclothes officers were seen on the morning of his arrest.
Searches are also entering their third day at the sprawling 30-room Royal Lodge in Berkshire’s Windsor Great Park, the former home he until recently shared with ex-wife Sarah Ferguson.
Thames Valley Police previously said police were also looking into allegations that a woman was trafficked to England by Epstein to have sex with Mr Mountbatten-Windsor.
The former duke became the first senior royal to be arrested in modern history. Police commentator Danny Shaw told the BBC that the former prince will likely be held “in a cell in a holding room” following his arrest, containing just “a bed and a toilet”.
Mr Mountbatten-Windsor has consistently denied any wrongdoing.
What is misconduct in public office?
According to the Crown Prosecution Service (CPS), misconduct in public office is a common law offense and carries a maximum sentence of life imprisonment.
Individuals can be held liable for this duty if the matter concerns “intentionally serious abuse or neglect of the powers or responsibilities of public office held.”
The CPS also states that “there must be a direct link between the misconduct and the abuse of those powers or responsibilities”.
Simarjot Singh Judge, managing partner Judge LawHe said: “Misconduct in public office is a serious common law offense that requires prosecutors to prove that a public official deliberately breached his duty in a way that constituted a serious abuse of public trust.”
He said: “It is not enough for there to be an error of judgment; the conduct must be deliberate and sufficiently serious.”
While an arrest is an important step, it does not mean Mr Mountbatten-Windsor will face charges and is not a finding of guilt.
To secure a conviction, prosecutors will need to prove that the person was acting in an official capacity and that the alleged misconduct was intentional.
Does royal status protect him?
Mr Mountbatten-Windsor’s former royal status and position as the King’s brother will not provide him with any legal immunity from the criminal justice system.
If he were to be accused of abuse of public office, the case would proceed as usual in the courts.
Are other powers investigating the royal’s connections to Epstein?
On Friday the Metropolitan Police called on Mr Mountbatten-Windsor’s former bodyguards to “carefully consider whether anything they have seen or heard is relevant to their investigation”.
The Met, which is responsible for providing police protection to members of the royal family, said it had identified and contacted the former Duke of York’s former and close bodyguards and urged them to share any information that could assist the investigation.
Met detectives are working with authorities in the US to establish whether London airports were being used to “facilitate human trafficking and sexual exploitation” after former prime minister Gordon Brown called on police to “urgently” re-examine allegations that women or girls were smuggled to the UK by Epstein on flights to Stansted.
In a statement, police said: “The Met is identifying and contacting former and serving officers who may have worked closely with Andrew Mountbatten-Windsor in a bodyguard capacity.
“They have been asked to carefully consider whether anything they have seen or heard during their time of service is relevant to our ongoing investigations and to share any information that may assist us.
“Whilst we are aware that there has been extensive media coverage and commentary on this matter, as of today no new criminal allegations have been made to the Met in relation to sexual offenses said to have occurred within our jurisdiction.”
