Detectives who arrested Andrew Mountbatten-Windsor are examining his conduct as trade envoy for the UK after the disclosure of emails from the late disgraced banker Jeffrey Epstein.
Andrew was released under investigation on Thursday evening, Thames Valley police said.
What was Andrew arrested for?
The former duke of York was arrested on suspicion of misconduct in public office.
The arrest appeared related to his conduct as a UK trade envoy and followed the disclosure of emails related to Epstein.
Among the files released by the US Department of Justice were documents that appeared to show the former prince forwarding sensitive government documents and commercial information to the convicted sex offender.
He has consistently denied any wrongdoing.
What did the documents allegedly show?
Andrew served as a UK trade envoy between 2001 and 2011. In this role he travelled globally and was given privileged access to senior government and business contacts around the world.
In 2010, he appears to have forwarded government reports from visits to Vietnam, Singapore and China to Epstein, according to the recently published files.
The emails indicate that on 7 October 2010, Andrew appeared to send Epstein details of his official forthcoming trips as trade envoy to Singapore, Vietnam, Shenzhen in China and Hong Kong, where he was accompanied by business associates of Epstein.
After the trip, on 30 November, he appeared to have forwarded official reports of those visits sent by his then special assistant, Amit Patel, to Epstein, five minutes after receiving them.
The documents also appeared to show that Andrew forwarded Epstein information on investment opportunities in gold and uranium in Afghanistan.
A briefing, prepared for Andrew by UK officials when he was a trade envoy and reported by the BBC, was said to have been forwarded to Epstein in December 2010 and includes a list of “high-value commercial opportunities” in Helmand province.
Under official guidance, trade envoys have a duty of confidentiality over sensitive, commercial or political information about their official visits.
Being named in the Epstein files is not an indication of misconduct. Andrew has previously denied any wrongdoing in his associations with Epstein and rejected any suggestion he used his time as trade envoy to further his own interests.
Could Andrew have been questioned by police about alleged sexual wrongdoing while under arrest on suspicion of misconduct in public office?
Yes, according to a lawyer who specialises in representing survivors of sexual assaults.
In 2015, the retired Church of England bishop Peter Ball was jailed for 32 months for misconduct in public office after the court was told he had misused his authority over young men for sexual gratification.
Richard Scorer, the head of abuse law at Slater and Gordon, and who represented some of the survivors in the Ball case, said: “If prosecutors build a case which convinces a jury that Andrew misused his position to have sex with young women, in my opinion he could be pursued on that basis.”
What have the police said?
A short statement by Thames Valley police on Thursday morning said: “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 ...
“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.”
Following a suspect’s arrest, police in England and Wales limit the information they release to the public under guidance which is meant to ensure a fair trial and protect a suspect’s privacy.
Under the College of Police’s national guidance, suspects should not be identified until they have been “charged” - when prosecutors decide that there is a case to answer.
After arrest, a case is considered “active” under the Contempt of Court Act, a law which is meant to ensure that public statements or articles do not prejudice future legal proceedings.
Thames Valley police issued another statement after Andrew was seen leaving Aylsham police station. It read: “On Thursday we arrested a man in his sixties from Norfolk on suspicion of misconduct in public office. The arrested man has now been released under investigation.
“We can also confirm that our searches in Norfolk have now concluded.”
The force said its searches in Berkshire were still under way, and that it would make no further statement at this time.
What is the maximum sentence under the law?
Misconduct in public office carries a maximum sentence of life imprisonment.
The offence of misconduct in public office is committed if a public officer “wilfully neglects to perform his or her duty” or “wilfully misconducts” to such a degree as to amount to an abuse of the public’s trust in the office holder, without reasonable excuse or justification.
Can there be difficulties in prosecuting under this law?
The offence is widely considered to be ill-defined and is due to be repealed after criticisms from ministers, the court of appeal and legal academics.
Six years ago, a report from the Law Commission, which advises ministers, said the offence was “one of the most notoriously difficult” to define in England and Wales.
While almost 200 people were prosecuted under the offence between 2014 and 2024, nearly all were police or prison officers and only four convictions were secured of people in senior positions, according to Dr Tom Frost, a senior law lecturer at Loughborough University.
Under the public office (accountability) bill, which is now before the House of Commons, the offence will be replaced with two new offences.
