Britain’s former prince Andrew was arrested and released under investigation in a day of drama. What is he being probed for? Could he be jailed? And what next?
– What is the probe? –
British police are investigating Andrew Mountbatten-Windsor — who was stripped of his royal titles last year over his alleged connections to Jeffrey Epstein — for misconduct in public office during his time as a UK trade envoy between 2001 and 2011.
New revelations from the latest documents relating to Epstein released by the United States last month include emails in which Andrew appeared to share potentially confidential information with the late US sex offender.
In a November 2010 email seen by AFP, Andrew appeared to send the US financier reports on his visit to several Asian countries.
Another email, a month later, seemed to show the former prince sending Epstein a briefing about investment opportunities in Afghanistan.
Official guidance is thought to require trade envoys to have a duty of confidentiality over sensitive commercial or political information.
The former prince has previously denied all wrongdoing in relation to Epstein.
– What is misconduct in public office? –
The offence concerns “serious wilful abuse or neglect of the power or responsibilities” in public office, according to the Crown Prosecution Service, which brings criminal cases in England and Wales.
It carries a maximum sentence of life imprisonment, according to the CPS.
According to constitutional law expert Mark Stephens, however, there are “no sentencing guidelines”, and the penalty could range anywhere from a fine to a life term.
“It is also quite a difficult offence to prosecute successfully,” Stephens, a lawyer at the Howard Kennedy law firm in London, told AFP.
– Why arrested? –
According to Stephens, police are in the early “information gathering” stage.
When someone is arrested in the UK, police “can search their properties without otherwise getting a warrant”.
“The person that’s being investigated has to answer under oath, so they run the penalty of perjury if they tell an untruth,” Stephens noted.
Thames Valley police confirmed that a search in Norfolk in eastern England — thought to be at the property where Andrew is living on his brother King Charles’s Sandringham Estate — had concluded Thursday evening.
Police and unmarked vans were also seen Friday at his former home on the royals’ Windsor Estate, west of London, as searches continued for a second day there.
“I think there will be very close examination of the financial relations between both Epstein and prince Andrew, and indeed his wider family,” said Stephens.
This could also include money given to the former duke’s wife, Sarah Ferguson, whose alleged emails with Epstein are under scrutiny.
– Why released? –
Andrew was released under investigation late Thursday, according to police.
It means that while he is still a suspect, police do not have enough evidence yet to charge him, and the investigation is ongoing.
Since Andrew was released under investigation and not bailed, he would not normally have any curfew or travel restrictions. He could be re-arrested or invited back to a police station for questioning.
– Other allegations? –
The ongoing criminal probe concerning misconduct in public office means Andrew will not be able to address the UK parliament or US Congress about his links to the financier.
Police could also still launch other criminal probes.
At least nine British police forces have confirmed they are assessing claims stemming from the Epstein files, many related to the former prince.
It was “possible that evidence of other offences perhaps relating to the sexual misconduct allegations could come to light,” Stephens said.
“If that has happened then the police will undoubtedly arrest him separately.
“This is just a stage in the process, arrest means handcuffs but it doesn’t mean guilt.”
– Sovereign immunity? –
“It’s a fraught area of the law and because no prince or king has been prosecuted or investigated or arrested in recent times. I think these issues haven’t been properly tested,” said Stephens.
“As a prince of the full blood he would normally, like any king or prince, be entitled to sovereign immunity for any acts that he undertakes.”
But Stephens said he felt it was clear that Charles, through his statements pledging full support and cooperation with the police, was not going to allow his younger brother to claim sovereign immunity.
“I think everybody will understand that Andrew will be treated just like anybody else.”
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