Andrew Mountbatten-Windsor, the King’s brother, has been arrested on his 66th birthday on suspicion of misconduct in public office

Andrew Mountbatten Windsor horseriding
The former prince was seen horseriding at Windsor Great Park earlier this month (Image: Reuters)

Andrew Mountbatten-Windsor, the King’s brother, has been arrested on his 66th birthday.

Thames Valley Police issued the following statement:

It says: “We have today arrested a man in his sixties from Norfolk on suspicion of misconduct in public office and are carrying out searches at addresses in Berkshire and Norfolk.

“The man remains in police custody at this time.

“We will not be naming the arrested man, as per national guidance. Please also remember that this case is now active so care should be taken with any publication to avoid being in contempt of court.”

Assistant Chief Constable Oliver Wright added: “Following a thorough assessment, we have now opened an investigation into this allegation of misconduct in public office.

“It is important that we protect the integrity and objectivity of our investigation as we work with our partners to investigate this alleged offence.

“We understand the significant public interest in this case, and we will provide updates at the appropriate time.”

Explained: What is misconduct in a public office?

Here’s an explanation of the offence…

Misconduct in a public office refers to “serious wilful abuse or neglect” of powers relating to the role in public office, according to the Crown Prosecution Service.

Joshua Rozenberg, a legal commentator, told Sky News that it is an “unusual” offence “because it’s one created by the judges, laid down by the courts over many years”.

“For that reason, there isn’t actually a maximum penalty at all. It’s life imprisonment because parliament has never actually set a maximum.”

Due to the “complicated” nature of the offence, Rozenberg said the government is trying to replace it with a new law, the Public Office (Accountability) Bill, which is currently going through parliament.

Part of the bill covers misconduct in public office, stating that a person commits an offence if they use “their office to obtain a benefit, whether for themselves or somebody else, or to cause somebody else to suffer a detriment”.

What caused the arrest?

Police had been assessing claims against the former Duke of York that emerged in the Jeffrey Epstein files.

The former Duke of York served as the UK’s trade envoy between 2001 and 2011, travelling globally and enjoying privileged access to senior government and business contacts around the world.

In 2010, Andrew appears to have forwarded government reports from visits to Vietnam, Singapore and China to Epstein, files relating to the late financier recently released by the US Department of Justice appear to show.

The documents also appear to show Andrew forwarded information on investment opportunities in gold and uranium in Afghanistan to Epstein.

Under official guidance, trade envoys have a duty of confidentiality over sensitive, commercial, or political information about their official visits.

Andrew has always vigorously denied all the allegations against him and any claims of wrongdoing in connection with Epstein.

How long can police hold Andrew for?

We don’t know what time Andrew was arrested by Thames Valley Police or where he is being held.

The longest the former prince can be held for is 96 hours, but this would require several extensions from senior police officers and a Magistrates’ Court.

Suspects are typically held for 24 hours and are then either charged or released pending further investigation.

For an extension to be applied, the court must be satisfied that the detention is necessary to secure/preserve evidence, the investigation is being conducted diligently, and the offence is serious.

‘He’s not going to be held overnight’

“I don’t think that sort of thing is really going to arise,” says legal commentator Joshua Rosenberg.

“I would have thought that, if he is questioned at a police station, he’s not going to be held overnight or anything dramatic like that.

“That’s perhaps one reason for arresting him first thing in the morning.

“But again, if he doesn’t have anything to say, and I’d be surprised if he wants to say anything to the police, then perhaps the interview isn’t going to take very long.”

King’s statement

“I have learned with the deepest concern the news about Andrew Mountbatten-Windsor and suspicion of misconduct in public office.

“What now follows is the full, fair and proper process by which this issue is investigated in the appropriate manner and by the appropriate authorities.

“In this, as I have said before, they have our full and wholehearted support and co-operation.

“Let me state clearly: the law must take its course.

“As this process continues, it would not be right for me to comment further on this matter.

“Meanwhile, my family and I will continue in our duty and service to you all.

“Charles R.”

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