“The arrest of Andrew Mountbatten-Windsor is an unprecedented event. He is the first senior member of the modern Royal Family to be arrested. The offence he was arrested in relation to – misconduct in public office – is a serious common law crime, triable by jury, with a maximum sentence of life imprisonment.
“This is likely the most serious arrest of a member of the Royal Family since that of King Charles I for treason in January 1649.
“The unprecedented nature of the arrest of the individual, who is eighth in the line of succession to the throne, was underscored by King Charles III’s statement on 19 February 2026 that the police “have our full and wholehearted support and co-operation”.
“The prospect (no matter how remote) of a monarch and Head of State assisting with the investigation of his brother adds to the uniqueness of the situation.
“It should be stated that this is still a very early stage of the investigation. Mountbatten-Windsor’s properties have been searched for relevant evidence, and the arrest means that he will be able to be interviewed under police caution.
“In English law, every individual is presumed innocent until proven guilty in a court of law. An arrest does not necessarily mean an individual will be charged by the Crown Prosecution Service.
“The CPS will assess whether charges should be brought using section four of the Code for Crown Prosecutors. This is known as the ‘Full Code Test’ and should usually be applied only “when all outstanding reasonable lines of inquiry have been pursued” by the police. The Full Code Test has two stages. First, the evidential stage, and second, the public interest test.
“In the evidential stage, the CPS will assess whether there is sufficient evidence to provide a realistic prospect of conviction. If the evidential test is passed, the CPS will then consider whether it is in the public interest to pursue a prosecution. Several factors are taken into consideration, including the seriousness of the offence, whether a prosecution is proportionate and whether any sources of information need protecting.
“Misconduct in public office remains a difficult offence to prove in relation to senior executives or senior political figures. There remains a ‘high threshold’ before criminal proceedings can be brought for this offence.
“Spotlight on Corruption have produced research showing junior and mid-level police and prison staff make up 92% of conviction statistics, dating back to 2014.
“The Law Commission proposed replacing the offence in 2020, and there is a Bill before Parliament, the Public Office (Accountability) Bill, which replaces the old common law offence with new offences, including an offence where a public office holder uses their office to obtain a benefit or cause another person to suffer a detriment via a seriously improper act. This new offence should make it easier for senior executives to be held to account for serious financial misconduct in a public office.
"It should be noted that new criminal offences are prospective, meaning that if Andrew Mountbatten-Windsor is charged, it will be under the old common law.”
ENDS
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