Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Why has Andrew Mountbatten-Windsor been arrested and what does ‘misconduct in public office’ mean? – Legal Perspective
Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in public office over claims he leaked confidential documents to paedophile financier Jeffrey Epstein.
Thames Valley Police confirmed the arrest on Thursday, on his 66th birthday, following allegations uncovered in the latest tranche of the Epstein files, that the former prince had shared sensitive information with Epstein while serving as the UK’s trade envoy.
The news comes as pictures circulated online appearing to show unmarked police cars and plain-clothed police officers gathering outside Wood Farm, where Mr Mountbatten-Windsor lives on the King’s Sandringham Estate in Norfolk.
Thames Valley Police previously said the force was also reviewing allegations that a woman was trafficked to the UK by Epstein to have a sexual encounter with Mr Mountbatten-Windsor.
The former duke is the first senior royal in modern history to be arrested. Policing commentator Danny Shaw said the maximum time Mr Mountbatten-Windsor could be held by police is 96 hours, though this would require multiple extensions from police and approval from a magistrates’ court.
He told the BBC that the former prince will be held in “a cell in a custody suite” with just “a bed and a toilet”, awaiting his police interview.
What is misconduct in public office?
According to the Crown Prosecution Service (CPS), misconduct in public office is a common law offence and carries a maximum sentence of life imprisonment.
People can be charged with the office if it “concerns serious wilful abuse or neglect of the power or responsibilities of the 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 at Judge Law, said: “Misconduct in public office is a serious common law offence which requires prosecutors to show that a public officer deliberately breached their duty in a way that represents a serious abuse of public trust.”
He said: “It is not enough for there to have been an error of judgment – the conduct must be wilful and sufficiently serious.”
While an arrest is a significant step, it does not mean that Mr Mountbatten-Windsor will face charges and is not a finding of guilt.
To secure a conviction, prosecutors would need to prove that the individual was acting in an official capacity and that the alleged misconduct was deliberate.
Would his royal status protect him?
Mr Mountbatten-Windsor’s former royal status and his position as the King’s brother would not provide him with any legal immunity from the criminal justice system.
If he were to be charged with misconduct in public office, the case would proceed through the courts in the same manner as usual.