Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in public office – but what is the offence?
Misconduct in public office refers to “serious wilful abuse or neglect” of powers relating to the role in public office, according to the Crown Prosecution Service (CPS).
It states there must be a direct link between the misconduct and an abuse of those powers or responsibilities without reasonable excuse or justification.
Andrew has consistently denied any wrongdoing.
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” instead of statute.
He said: “For that reason, there isn’t actually a maximum penalty at all. It’s life imprisonment because parliament has never actually set a maximum.
“What it actually boils down to is whether the police have evidence that Andrew Mountbatten-Windsor wilfully misconducted himself as a trade envoy to such a degree as to amount to an abuse of the public’s trust in him.”
The CPS website states there is no simple definition of a ‘public officer’, meaning each case must be assessed individually.
This includes taking into account the nature of the role, the duties carried out, and the level of public trust involved.
The British Monarchy acts as a public institution in a non-political sense, with members of the Royal Family expected to support the monarch while also carrying out work in the areas of public and charitable service in their own right.
Due to the “complicated” nature of the offence, Mr 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”.
“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.”
How long can police hold Andrew?
It remains unknown where Andrew is being held, or what time he was arrested, but suspects are typically held for 24 hours and are then either charged or released pending further investigation.
Technically the longest the former prince can be held by police is 96 hours, however this would require several extensions from senior police officers and a Magistrates’ Court.
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.
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Mr Rozenberg told Sky News that he thought it was unlikely Andrew would be held overnight, if he is being questioned at a police station.
“That’s perhaps one reason for arresting him first thing in the morning,” he said.
“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.”
