Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in a public office – but what is the offence?
Misconduct in a public office refers to “serious wilful abuse or neglect” of powers relating to the role in public office, according to the Crown Prosecution Service (CPS).
It states there must be a direct link between the misconduct and an abuse of those powers or responsibilities.
Andrew has consistently denied any wrongdoing.
Joshua Rozenberg, a legal commentator, told Sky News earlier this month that it is an “unusual” offence “because it’s one created by the judges, laid down by the courts over many years”.
He said: “For that reason, there isn’t actually a maximum penalty at all. It’s life imprisonment because parliament has never actually set a maximum.”
The CPS website states there is no simple definition of a ‘public officer’, meaning each case must be assessed individually.
This includes taking into account the nature of the role, the duties carried out, and the level of public trust involved.
The British Monarchy acts as a public institution in a non-political sense, with members of the Royal Family expected to support the monarch while also carrying out work in the areas of public and charitable service in their own right.
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Due to the “complicated” nature of the offence, Mr Rozenberg said the government is trying to replace it with a new law, the Public Office (Accountability) Bill, which is currently going through parliament.
Part of the bill covers misconduct in public office, stating that a person commits an offence if they use “their office to obtain a benefit, whether for themselves or somebody else, or to cause somebody else to suffer a detriment”.
In a statement, Thames Valley Police said: “We have today 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.
“The man remains in police custody at this time.
“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.”
Assistant Chief Constable Oliver Wright added: “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.”
