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Lord Peter Mandelson, the former British ambassador to the US, was arrested on Monday afternoon on suspicion of misconduct in public office.
So what? Unlike the operation against Andrew Mountbatten-Windsor, which took place last Thursday behind the gates of Sandringham Estate, Mandelson was led away by plainclothes officers in full view of reporters gathered outside his home. This moment
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marks another occasion when the Epstein scandal has landed on the shores of Britain;
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could hinder Labour’s commitment to release files relating to Mandelson; and
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represents terrible timing for a government trying to get distance from him.
The man. Over 40 years in public life, Mandelson survived various controversies to become a ruthless spin doctor, government minister, life peer, and, most recently, ambassador to the US. Nicknamed the Prince of Darkness, he saw himself as a “fighter… not a quitter”.
The posting. His ambassadorial appointment in November 2024 was a late career comeback that granted him lavish digs in DC, as well as the title of “his excellency”. But these trappings were short-lived. He was sacked after seven months due to his past connections to the convicted sex offender Jeffrey Epstein. These links have since been thrust back into the spotlight by the release of new documents by the US Department of Justice.
The emails. A police investigation into Mandelson was opened earlier this month to look into allegations that he shared Downing Street correspondence and market-sensitive information with Epstein while he was a government minister under Gordon Brown. Mandelson was told by Keir Starmer that he had “let his country down” and promptly resigned from the House of Lords.
The moment. Mandelson was led into an unmarked police car at 4.30pm on Monday, carrying a bottle of water and accompanied by officers believed to be from the Met’s central specialist crime division. A statement from the Met said he had been taken to a station to be interviewed, having been arrested on suspicion of misconduct in public office.
The offence. Misconduct in public office is defined by the Crown Prosecution Service as “serious wilful abuse or neglect of the power or responsibilities of the public office held”.
The defence. Mandelson has not commented publicly over the past few weeks, but he is understood to maintain the position that he has not acted criminally in relation to Epstein and was not motivated by financial gain.
The burden of proof. The CPS says that for an offence to be committed there must be a “direct link between the misconduct and an abuse of those powers or responsibilities”.
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The barrier. What is normally hardest to prove is that an instance of alleged misconduct amounts to an “abuse of the public’s trust” that justifies a criminal prosecution.
The numbers. Having largely fallen into disuse, a Law Commission report in 2020 found that annual prosecutions of the offence had risen from single figures at the turn of the century to more than 80 per year. But no politician in modern history has ever been convicted.
The possible outcome. Mandelson, who is 72 years old, is suspected of an offence that carries a maximum sentence of life in prison.
What happens next. Police can hold suspects for a maximum of 96 hours without charging them, but only if permission is granted by a court. Typically the limit is 24 hours. The offence in question is invariably tried by a jury in the crown court.
Labour pain. The arrest puts fresh pressure on Keir Starmer, who has already been asked to explain his decision to appoint Mandelson as British ambassador despite knowing of his links to Epstein. Labour has attempted to take control of matters by promising to release documents that relate to the appointment. But this process may now be complicated by Mandelson’s arrest.
What could have been. Starmer would have wanted tomorrow’s headlines to be about his radical overhaul of special educational needs provision. Instead, two days before a crucial by-election, it will be about the alleged behaviour of one of his past appointees.
What’s more… Kemi Badenoch, the Conservative leader, said this evening that Mandelson’s arrest is “the defining moment” of Starmer’s time in No 10. It’s hard to disagree.
Photograph by Sky News via AP