Andrew Mountbatten Windsor remains in custody following a surprise morning arrest at Sandringham. But will the former prince, born second in line to the throne, be treated like any other suspect?
While Andrew Mountbatten Windsor may have been arrested on the grounds of a royal estate, he won’t be given any special treatment, a criminal law expert warns.
Thames Valley Police took the former Duke of York into custody this morning on suspicion of misconduct in public office, marking the first time in modern history that a senior member of the British royal family has been arrested. Earlier this week, it was revealed that a number of police forces around the UK have launched probes into Andrew and his ties to Jeffrey Epstein. The National Crime Agency (NCA) revealed it is supporting UK police forces investigating information in the Epstein files, to “enable a full and independent assessment of the information released”.
Police will now have the power to search his homes and put formal questions to him in an interview. The Crown Prosecution Service (CPS) will then need to make a decision about charging him. Andrew, who today marks his 66th birthday, has not commented on today’s developments but has always denied allegations of any wrongdoing.
Police vehicles were seen swarming the Sandringham Estate this morning, where the former prince moved to after being booted out of Royal Lodge on the Windsor estate. It’s understood that the force is searching properties in Berkshire and Norfolk. This “unprecedented” development has left many stunned. Nobody living can remember a time when the brother of a king, born second in line to the throne, was brought to a police station for questioning. But will Andrew be treated like any other suspect?
READ MORE: Andrew’s doomed birthday minute-by-minute – arrest, Fergie vanished and Charles’ role
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Andrew could be held for a maximum of 96 hours – although this would require multiple extensions from senior police officers and a Magistrate’s court, policing commentator Danny Shaw told the BBC. More typically, suspects are held for 12 or 24 hours and are then either charged or released pending further investigation.
Andrew will have been placed in “a cell in a custody suite” with just “a bed and a toilet”, where he will wait until his police interview. Shaw says “there’ll be no special treatment for him”. It’s not known when the former prince is being held.
King Charles has implied that he will not be intervening in his brother’s arrest, asserting in a statement today that “the law must take its course”. He also pledged his “full and wholehearted support and co-operation” to the authorities. On this note, the Mirror heard from Rachel Fletcher, Head of Crime and Regulatory at Slater Heelis, about what might come next for Andrew as he remains in custody.
Ms Fletcher told us: “Although it may feel symbolically like the Crown is prosecuting one of its own, the police and CPS act independently of the monarch and will apply the usual tests for undertaking investigations and arrests. The arrest of a senior royal remains unprecedented in modern UK history.
“As with any other detainee, he will have the same rights and entitlements while in custody, and one would expect he had legal representation ready, given the circumstances. The King has made clear that the law must take its course, signalling that he will not intervene, which is an important step in reassuring the public and rebuilding confidence in a monarchy already under strain. Arrests are typically conducted without notice, not least to ensure that evidence is preserved and minimise opportunity for collusion or interference with witnesses. Public interference would have been unavoidable if the arrest had been publicised.”
Breaking his silence today, the monarch issued the following statement: “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. 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.”
It’s understood that the Prince and Princess of Wales support King Charles’s statement following the arrest of Andrew. Neither the King nor Buckingham Palace were reportedly informed in advance of the arrest, which took place at 8 am at Wood Farm, Andrew’s temporary home on the sprawling Sandringham estate.
Assistant Chief Constable Oliver Wright stated: “Following a thorough assessment, we have now opened an investigation into this allegation of misconduct in public office. It is important that we protect the integrity and objectivity of our investigation as we work with our partners to investigate this alleged offence. We understand the significant public interest in this case, and we will provide updates at the appropriate time.”
Andrew’s arrest comes mere days after Buckingham Palace pledged that it would “stand ready to support” the police if approached over the claims made against the King’s brother, who is effectively now a commoner after being stripped of his titles late last year over his association with paedophile Jeffrey Epstein. Despite his lack of titles, Andrew remains in the line of succession and is currently eighth in line to the throne.
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READ MORE: King Charles makes glaring omission in Andrew statement as he’s holed up in custody
