Thames Valley police arrested a man on suspicion of misconduct in public office this morning.
So what? That man is Andrew Mountbatten-Windsor, formerly Prince Andrew. Police have been assessing allegations that Mountbatten-Windsor shared sensitive information with the convicted sex offender Jeffrey Epstein while he was the UK’s trade envoy. Mountbatten-Windsor has consistently denied any wrongdoing in relation to Epstein, but his arrest in Norfolk
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will test the limits of an ill-defined law to deal with a high-profile public figure;
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raises questions about the specific allegations being investigated by police; and
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marks the most significant royal scandal since the abdication of King Edward VIII.
The moment. Unmarked police cars and plainclothes officers were pictured at Sandringham Estate in Norfolk earlier today. Mountbatten-Windsor has been living at a cottage on Sandringham, a royal residence of King Charles, since moving out of his house in Windsor.
The offence. Misconduct in a 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 small print. A common law offence dating back to the 13th century, it is not on the statute books and is notoriously ill-defined, especially when it comes to what constitutes a “public officer”. Two new statutory offences, known as the Hillsborough Law, are intended to replace the common law offence but are still moving through parliament.
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”.
The numbers. The offence had largely fallen into disuse, but a Law Commission report in 2020 found that annual prosecutions had risen from single figures at the turn of the century to more than 80 per year. However, there remains a high bar for conviction.
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More than 90% of the 191 people convicted of the offence between 2014 and 2024 were prison or police officers, often those accused of having inappropriate relationships.
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Only four were people in senior positions, including a bishop convicted of sexual offences and a Ministry of Defence official who received more than £70,000 in kickbacks.
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No politician in modern history, even during the expenses scandal, has been convicted of the offence and certainly not any royal.
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 possible outcome. Mountbatten-Windsor, who turned 66 today and is eighth in line to the British throne, is suspected of an offence that carries a maximum sentence of life in prison.
The other claim. Thames Valley police have also been looking into allegations that a second woman was sent to the UK by Epstein to have a sexual encounter with Mountbatten-Windsor. It is understood that today’s arrest relates only to misconduct in public office.
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Unknowns. Immediate questions include where Mountbatten-Windsor is being held, whether he has been interviewed under caution, and what information prompted the arrest.
What we can say. Mountbatten-Windsor has been under heavy scrutiny for his alleged appearances in the Epstein files, not least in terms of how they relate to his public role in the royal household. His fall from grace has included being stripped of his titles.
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.
Keeping it in the family. Even if Mountbatten-Windsor is never charged, this is a crisis for the royals that puts the hoo-ha over Prince Harry and Meghan Markle into perspective. The legitimacy of the House of Windsor as a family committed to public service will be tested by questions over
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what they knew about Mountbatten-Windsor’s alleged behaviour and when;
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what role, if any, they have played in supporting him through his legal battles; and
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whether they acted fast enough in stripping his titles and removing him from public life.
What’s more… Following the arrest, King Charles said that the “law must take its course”.