What to know about the arrest of Andrew Mountbatten-Windsor

LONDON (AP) — Andrew Mountbatten-Windsor, formerly known as Prince Andrew, has been arrested on suspicion of misconduct in public office that is centered on his close relationship with the late convicted sex offender Jeffrey Epstein.

His arrest Thursday follows years of allegations over his links with Epstein, who took his own life in a New York prison in 2019. The accusation at the heart of his arrest is that he with the disgraced financier.

It is one of the gravest crises to affect the House of Windsor since its establishment more than a hundred years ago. Arguably, only the abdication of King Edward VIII in 1936 and the death of Diana, Princess of Wales, in 1997 have been graver for the institution of the British monarchy.

Here’s what to know:

The arrest

Mountbatten-Windsor was taken into custody Thursday morning by officers from Thames Valley Police at King Charles III's private retreat in Sandringham, where the former prince is now living.

The arrest follows a ratcheting up of allegations against Mountbatten-Windsor in the wake of the release of millions of pages of files last month related to Epstein by the U.S. Justice Department.

Many of the allegations center on sexual impropriety on the part of Mountbatten-Windsor, specifically that a woman was trafficked to the U.K. by Epstein to have a sexual encounter with the then-prince.

However, he has been arrested on suspicion of misconduct in public office.

The suspicion

The Crown Prosecution Service, which decides on whether a charge has the potential to lead to a successful prosecution, defines the misconduct in public office as the “serious willful abuse or neglect of the power or responsibilities of the public office held.”

Thames Valley Police said it was “assessing” reports that Mountbatten-Windsor sent confidential trade reports to Epstein in 2010, when the former prince was Britain’s special envoy for international trade. Other police forces in the U.K. are also conducting their own investigations.

Specifically, emails released as part of the Epstein files appeared to show Mountbatten-Windsor sharing reports of official visits to Hong Kong, Vietnam and Singapore.

One email, dated November 2010, appeared to be forwarded by Andrew five minutes after he had been sent it. In another, on Christmas Eve 2010, he appeared to send Epstein a confidential brief on investment opportunities in the reconstruction of Helmand Province, Afghanistan.

The potential sentence

The offense technically carries a maximum sentence of life imprisonment, but experts say a shorter term would be more likely if he is convicted by a jury.

Mountbatten-Windsor has always denied any impropriety but has not commented on the most recent allegations.

Experts said that proving misconduct in a public office is notoriously difficult to prove.

“Firstly, it must be determined if Andrew Mountbatten-Windsor was in a role within government that constitutes the title of public officer," said Sean Caulfield, a criminal defense lawyer at Hodge Jones & Allen.

In recent years, prison officers have been prosecuted for the offense after having inappropriate relationships with inmates, as well as police officers leaking information.

The coming hours

Police have the power to search Mountbatten-Windsor's properties, and formal questions can now be put to him during interviews. Under UK law, police can hold a suspect without charging them for up to 24 hours from the time of arrest. This can be extended to a maximum of 96 hours.

The police can then release Mountbatten-Windsor on bail if there’s not enough evidence to charge him.

It is unclear where exactly Mountbatten-Windsor is being questioned, but he is likely to have had his mug shot taken before heading into the confines of a small interview room. If he hasn’t got a lawyer, then police would offer one. The lawyer may advise Mountbatten-Windsor to say “no comment” to each question as is his right.

Searches are being carried out at addresses in Berkshire, west of London, and Norfolk, northeast of the capital. Windsor Castle, within which Mountbatten-Windsor lived until earlier this month, is in Berkshire, while Sandringham is in Norfolk.

The Crown Prosecution Service will need to make a decision about charging him.

Andrew Gilmore, a partner at Grosvenor Law, said that prosecutors will apply the two-stage test known as the “Code for Crown Prosecutors."

“That test is to determine whether there is a more realistic prospect of a conviction than not based on the evidence and whether the matter is in the public interest,” he said. “If these two tests are met, then the matter will be charged and proceed to court.”

The response

Mountbatten-Windsor's arrest is not a huge surprise, but it is a consequential moment in the history of the modern monarchy.

You have to go back to the arrest of King Charles I almost 400 years for an example of a senior British royal being arrested. That turned into a seismic moment in British history, leading to revolution, Charles' beheading and the temporary abolition of the monarchy.

After Mountbatten-Windsor’s arrest Thursday, King Charles III said that the law must take its course in the investigation as he sought to distance the royal family from his brother.

“As this process continues, it would not be right for me to comment further on this matter," the king said in a statement signed Charles R. "My family and I will continue in our duty and service to you all.’’

His wife, Queen Camilla, did not comment when questions were shouted to her outside a lunchtime orchestral concert in London. Camilla waved to cameras but did not respond.

Mountbatten-Windsor's former wife, Sarah Ferguson, has yet to comment. She has faced her own allegations in connection with her dealings with Epstein.