On the morning of his 66th birthday, former prince Andrew Mountbatten-Windsor was arrested at Wood Farm on the Sandringham Estate on suspicion of misconduct in public office.
A statement released by Thames Valley Police explained what happened earlier today as unmarked police cars were pictured arriving at the son of the late Queen’s temporary Norfolk residence.
Covering the three counties of Buckinghamshire, Berkshire, and Oxfordshire, the police force said: “As part of the investigation, we have today (19/2) 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.
The statement published on their website continued: “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.”
Andrew is the first British senior royal in modern history to be arrested, but what is he being held in custody for and what does misconduct in public office really mean? HELLO! consulted a leading team of solicitors in Windsor to understand the significance of the arrest.
What does ‘misconduct in public office’ mean?
Essentially, the “serious” common law offence concerns “an abuse of the trust placed in someone performing a public role”, according to the experts.
Managing partner and founder of Judge Law, Simarjot Singh Judge, exclusively told HELLO!: “Although there is no fixed statutory sentencing range, the offence is technically punishable by up to life imprisonment, though sentences at that level are exceptionally rare in practice.”
He continued explaining the nuisances of this type of offence: “In reality, any sentence would depend entirely on the facts of the case – including the seriousness of the alleged conduct, whether sensitive or classified material was involved, the level of intent, and the degree of harm caused.
“Courts will examine whether there was a deliberate breach of official duty and whether the conduct amounted to a serious abuse of position.”
In terms of whether or not being found guilty of this offence could result in time behind bars, Simarjot said: “Custodial sentences are possible where the misconduct is found to be deliberate and significant, particularly if there was personal gain, reputational damage to public institutions, or risk to national interests.
“However, previous cases show a wide spectrum of outcomes, ranging from suspended sentences to several years in custody, depending on aggravating and mitigating factors.
“It is also important to stress that arrest does not equate to charge or conviction. Sentencing only becomes relevant if there is a prosecution and a finding of guilt. At this stage, the focus remains on whether the evidence meets the threshold required for criminal proceedings.
“In some circumstances, prosecutors may also consider whether related offences – such as those involving the handling of official documents – are engaged, which could carry their own sentencing implications. Ultimately, the court’s role would be to assess the gravity of any breach of public trust and determine a proportionate penalty,” the expert added.
How long can the police keep someone in custody after an arrest on suspicion of this offence?
According to UK law, a person can be held in police custody for up to 24 hours without charge while police carry out investigations and conduct interviews.
“That 24-hour period can be extended to 36 hours for more serious offences, but only with authorisation from a senior officer,” Simarjot explained. He went on to highlight: “Beyond that, police must apply to a magistrates’ court for further detention.
“In the most serious cases, detention can be extended up to a maximum of 96 hours before charge, but that requires judicial approval and clear justification that further time is necessary to secure or preserve evidence.
“If investigators do not believe they have sufficient evidence to charge within those time limits, the individual must either be released – often under investigation – or released on bail while enquiries continue.”
The lawyer revealed what might happen in cases that involve classified documents and other more protected materials as evidence. He said: “In complex cases involving digital material or classified documents, it is not unusual for suspects to be released under investigation while forensic analysis continues. That process can take weeks or months.
“It is important to understand that custody time limits relate only to how long someone can be held at the police station without charge. An investigation itself can continue long after a person has been released.”
Regardless of who is arrested, the solicitor urged: “The criminal justice system applies equally regardless of title.”
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