A legal expert has explained why Andrew Mountbatten-Windsor’s previous position as a UK trade envoy might be significant following his recent detention.
The former royal was taken into custody on suspicion of misconduct in public office on Thursday, February 19, coinciding with his 66th birthday.
The charge involves a ‘serious wilful abuse or neglect of powers’ linked to a role in public service, as outlined by the Crown Prosecution Service.
Police from Thames Valley arrived at Andrew’s estate in Sandringham, Norfolk, as footage of the event spread on social media platforms.
The police department later stated they had detained ‘a man in his 60s from Norfolk on suspicion of misconduct in public office’ and were conducting searches at locations in Berkshire and Norfolk.
“The man remains in police custody at this time,” they confirmed.
Gareth Martin, a criminal defence and regulatory lawyer at Olliers Solicitors, describes misconduct in public office as a ‘significant criminal charge’ meant for the ‘most severe violations of public trust.’
“Unlike many modern offences, this is a common law crime with no statutory limit on sentencing – meaning it carries a maximum of life imprisonment,” Martin explains.
To establish guilt—note that Andrew has not been officially charged—the prosecution must demonstrate more than a simple error.
“They must show that a public officer, acting in their official capacity, wilfully neglected their duty or misconducted themselves to such a degree that it strikes at the very heart of the public’s trust in that office,” Martin explains.
The key issue in this matter is determining whether Andrew’s past role as UK trade envoy qualifies as ‘public office.’
Trade envoys, members of Parliament appointed by the government, are tasked with enhancing international trade and supporting foreign investment. Andrew, who was also a House of Lords member, held this post from 2001 to 2011.
However, Martin clarifies that merely holding the position is insufficient.
He emphasizes that it must be ascertained whether Andrew’s alleged sharing of documents with convicted child sex offender Jeffrey Epstein constituted ‘a wilful breach of his official duties whilst acting as such’.
“It is not a straightforward concept, and there must be a distinguishable connection between his actions, the power and authority he held in that specific role,” Martin says.
“The threshold for this offence is exceptionally high. The courts have been clear that it should only be used where the conduct is so blameworthy that it warrants criminal punishment rather than civil or disciplinary action.”
Nonetheless, he cautions that if this threshold is met, the repercussions can be significant.
“The reality is stark. For those convicted, particularly where there is an allegation of breaching government trust, a custodial sentence is almost an inevitability,” he says.
“We only have to look at the recent nine-year sentence handed to a high-ranking prison governor to see that the courts use this offence as a powerful deterrent to preserve the integrity of public bodies.”
Following the announcement of Andrew’s detention, both King Charles and the family of Virginia Giuffre have released their own statements.
The King, Andrew’s older sibling, remarked: “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,” King Charles continued.
“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.”
Giuffre’s family expressed that their ‘broken hearts have been lifted’ following the development and affirmed that ‘no one is above the law, not even royalty.’
The 41-year-old, who passed away by suicide last year, had made several claims against the former Duke of York, dating back to 2001, when she encountered the royal in London.
She alleged that she was sexually abused by Andrew on three instances during her teenage years after being trafficked by Epstein’s associates, including Ghislaine Maxwell. Andrew has continually and strongly denied these accusations. It’s important to note these allegations are unrelated to Andrew’s current legal situation.
Addressing Andrew’s detention, Giuffre’s family stated: “At last. Today, our broken hearts have been lifted at the news that no one is above the law, not even royalty.
“On behalf of our sister, Virginia Roberts Giuffre, we extend our gratitude to the UK’s Thames Valley Police for their investigation and arrest of Andrew Mountbatten-Windsor.
“He was never a prince. For survivors everywhere, Virginia did this for you.”