Arrest of Prince Andrew: Understanding the Offence of Misconduct in Public Office
On 19 February 2026, Prince Andrew, formally known as Andrew Mountbatten-Windsor, was reportedly arrested by Thames Valley Police at his residence on the Sandringham Estate in Norfolk on suspicion of misconduct in public office.
If charged, this would represent one of the most constitutionally significant criminal investigations involving a senior member of the Royal Family in modern British history.
At Tank Jowett Solicitors, our serious crime defence team examines what the offence of misconduct in public office actually means, the legal threshold the prosecution must meet, and what may happen next in a case of this magnitude.
What Is Misconduct in Public Office?
Misconduct in public office is a common law offence, meaning it has been developed through centuries of judicial decisions rather than created by statute.
It can only be tried on indictment, meaning any prosecution must proceed in the Crown Court.
To secure a conviction, the prosecution must prove that:
- The defendant was a public officer acting in that capacity;
- They wilfully neglected to perform their duty and/or wilfully misconducted themselves;
- The conduct was so serious as to amount to an abuse of the public’s trust; and
- There was no reasonable excuse or justification.
“Wilful” means deliberate wrongdoing or reckless indifference as to whether the conduct was unlawful. A mistake, poor judgment, or negligence is not enough.
Importantly, not every breach of duty amounts to a criminal offence. The misconduct must cross a high threshold of seriousness. It must represent a fundamental abuse of public trust.
There must also be a clear link between the alleged misconduct and the authority vested in the individual by virtue of their public office. Being a prominent public figure alone is insufficient.
The Allegations Reported
Reports indicate that the investigation concerns allegations that confidential or sensitive information may have been disclosed while acting in an official capacity as the UK’s trade envoy between 2001 and 2011.
The late Jeffrey Epstein has been referenced in connection with the allegations. It is understood that the current investigation relates to potential disclosure of confidential material, rather than any sexual offence allegations, which have been addressed separately in previous proceedings.
As with all criminal investigations, no charges have been confirmed and any individual under investigation is presumed innocent unless and until proven guilty in a court of law.
How Is Misconduct in Public Office Prosecuted?
Many historical prosecutions for misconduct in public office have involved police officers, prison officers, court officials, local authority officers, and Members of Parliament.
The offence has often been charged alongside statutory offences such as fraud, bribery, or false accounting.
Following recommendations by the Law Commission, Parliament introduced the Public Office (Accountability) Act 2025, sometimes referred to as the “Hillsborough Law”, which abolishes the common law offence and replaces it with new statutory offences. However, the legislation does not operate retrospectively and would not apply to conduct alleged to have taken place before it comes into force.
What Happens After Arrest?
It has been reported that the suspect was released under investigation. This means:
- No bail conditions are imposed;
- The investigation remains ongoing;
- Charging decisions have not yet been made.
In a case involving international communications, government documentation, and digital forensic analysis, investigations can take years rather than months.
Once police inquiries are complete, the Crown Prosecution Service will apply the Full Code Test:
- Is there a realistic prospect of conviction?
- Is a prosecution in the public interest?
If both stages are satisfied, charges may follow and the case would proceed to the Crown Court.
Potential Sentence for Misconduct in Public Office
Misconduct in public office carries a maximum sentence of life imprisonment, making it one of the most serious non-statutory offences in English criminal law.
In practice, sentences vary widely depending on:
- The gravity of the abuse of office;
- The duration of the conduct;
- Whether national security or financial harm was involved;
- The level of personal gain;
- The broader public impact.
Custodial sentences in serious cases have typically ranged between two and five years, though significantly longer terms are possible in cases involving substantial breaches of trust.
Constitutional and Legal Significance
Regardless of the eventual outcome, the reported arrest is constitutionally significant.
A fundamental principle of the British legal system is that no individual is above the law. The offence of misconduct in public office exists to protect public trust in those who exercise official authority.
High-profile investigations also highlight the importance of experienced criminal defence representation at the earliest stage, particularly in cases involving complex documentary evidence, cross-border elements, and reputational risk.
Specialist Defence in Serious Crime Allegations
Tank Jowett Solicitors specialise in defending clients facing complex and high-profile criminal investigations, including allegations of misconduct in public office, fraud, corruption, and other serious offences prosecuted in the Crown Court.
If you are under investigation or have been arrested in connection with a serious criminal allegation, early legal advice is critical.
Contact Tank Jowett Solicitors for strategic, discreet, and robust criminal defence representation.