Expert breaks down why Andrew's former role is key to misconduct in public office case
The offence is 'not a straightforward concept', as a criminal defence lawyer explains
A criminal defence lawyer has broken down why Andrew Mountbatten-Windsor's former role as UK trade envoy could be vital after his arrest.
The former prince was detained on suspicion of misconduct in public office on Thursday (February 19), which happened to be his 66th birthday.
The offence is a 'serious wilful abuse or neglect of powers’ relating to a role in public office, according to the Crown Prosecution Service.
Thames Valley Police officers descended on Andrew’s Sandringham estate in Norfolk as videos of the incident circulated on social media.
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The force later confirmed they’d arrested ‘a man in his 60s from Norfolk on suspicion of misconduct in public office’ and that they were ‘carrying out searches at addresses in Berkshire and Norfolk.’
“The man remains in police custody at this time,” they added.
Gareth Martin, specialist criminal defence and regulatory lawyer at Olliers Solicitors, says that misconduct of public office is a ‘heavyweight criminal charge’ reserved for the ‘most serious abuses of the public’s 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 secure a conviction - bear in mind, Andrew hasn’t even been charged with a crime - the prosecution must prove more than 'just a mistake.'
“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 says.
He adds that in this particular case, the main issue comes down to whether Andrew's former role as UK trade envoy constitutes 'public office.'
A trade envoy is a parliamentarian appointed by the government to help boost international trade and support investment opportunities overseas. Andrew, who also served in the House of Lords, held the position between 2001 and 2011.
But Martin stresses that simply having held the title is not enough.
He says that, critically, it must be determined whether Andrew’s alleged sharing of documents with convicted child sex offender Jeffrey Epstein was ‘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.”
However, he warns that where that bar is met, the consequences can be severe.
“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 news of Andrew’s arrest, both King Charles and the family of Virginia Giuffre have issued their own statements.
The King, Andrew’s elder brother, said: "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 said their ‘broken hearts have been lifted’ following the news and that ‘no one is above the law, not even royalty.’
The 41-year-old, who died by suicide last year, had made a series of allegations about the former Duke of York dating back to 2001 when she met the royal family member in London.
She had claimed that she was sexually abused by Andrew on three occasions when she was a teenager after being trafficked by Epstein's accomplices, including Ghislaine Maxwell, allegations which Andrew has continuously and vehemently denied. These allegations are unconnected to Andrew's arrest.
Speaking out on Andrew's arrest, Giuffre's family said: "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."
Topics: Prince Andrew, Jeffrey Epstein, Royal Family, UK News, Court
Ellie Kemp