How Andrew became the first British royal to be arrested

The arrest of Andrew Mountbatten-Windsor on his 66th birthday adds him to a rare club of royals to face police action. Officers from Thames Valley Police today detained the former prince on suspicion of misconduct in public office and took him into custody. The arrest at his new home in Sandringham, Norfolk, is understood to be in relation to reports the ex-Duke of York might have passed sensitive information to the late billionaire Epstein in his role as a UK trade envoy. The move is without precedent in the history of the modern royal family – although there are other royals who have been subject to the force of the law, including Andrew’s sister Princess Anne as well as members of different monarchies overseas.

Thames Valley Police previously said the force was reviewing allegations that a woman was trafficked to the UK by Epstein to have a sexual encounter with Andrew, and claims he shared sensitive information with the US financier while serving as the UK’s trade envoy. Misconduct in public office is classed as one of the most serious offences in British law, carrying a maximum sentence of life in prison. But Andrew will only face this if he is charged, tried and convicted in a court of law. He can be held by police for up to 24 hours without charge, although police can apply for extensions to this limit up to a maximum of 96 hours. After this he must be charged or released – which could see him placed on bail with various conditions.

Due to the seriousness of the offence, it is classed as indictable only, meaning any trial will take place at a Crown Court. Being a member of the royal family does not offer Andrew any protection from prosecution or jail. As the monarch, King Charles III is the only royal with sovereign immunity. Confirming that an arrest had been made this morning, Thames Valley Police said in a statement: ‘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.’ Former royal status does not provide immunity from criminal law. Commenting following today’s arrest, Simarjot Singh Judge, managing partner at Judge LaJudge, said: ‘The criminal justice system applies equally regardless of title or former position. The process would be the same as for any other individual.

Although the arrest of Andrew for misconduct in a public office is without modern precedent, it is not the first time that Royal Family members have faced the possibility of appearing in court . In 2002, Princess Anne became the first Royal Family member to be convicted of a criminal offence when she was fined £500 after one of her dogs bit two children. Anne also became the family’s first member to have a criminal record after admitting a charge under the Dangerous Dogs Act over the incident in Windsor. She also had several convictions for speeding, all dealt with without the embarrassment of a court appearance – in 1972, 1977, 1990 and 2000. Anne’s daughter Zara Tindall was also banned from driving for six months in 2020 for doing 91mph in a 70mph zone . Historically, King Charles I was beheaded in 1649 for tyranny and treason after the English civil war.

And in 1586, Mary, Queen of Scots was executed after being convicted over an alleged plan to assassinate her cousin Queen Elizabeth I. More recently, police announced in February 2019 that the former Duke of Edinburgh would not face further legal action over a Land Rover crash near Sandringham the previous month. The late Prince Philip voluntarily gave up his driving licence after his collision on the A149 that left two women in hospital on January 17 that year. But the Chief Crown Prosecutor for the area confirmed the late Queen Elizabeth II’s husband would not be pursued by police as a prosecution was ‘not in the public interest’. In response, a Buckingham Palace statement said the Duke ‘respects’ the decision. CPS bosses said the decision was based on his age and choice to surrender his licence. Elsewhere, there have been scandals and police action related to alleged offences by separate royal family members across the Channel in Europe.

Spain’s former King Juan Carlos, now 88, has been at the centre of corruption investigations in his homeland in recent years. He abdicated in 2014 in favour of his son Felipe VI and has been living since 2020 in the Middle East. Juan Carlos has also been accused of harassment by former lover Corinna zu Wittgenstein-Sayn in a case heard by London’s Court of Appeal in 2022. UK Court of Appeal judges ruled in December that year that Juan Carlos, who reigned as King of Spain from 1975 to 2014 , had immunity for the period before he abdicated. Their relationship remained a secret until 2012 when it emerged they had been on safari together to Botswana at the height of Spain’s economic crisis.

The trip came to light after the former monarch broke his hip in a fall and he had to be flown back to Madrid for surgery. Juan Carlos left Spain for a luxury hotel in Abu Dhabi after Swiss prosecutors opened an investigation into bank accounts he was accused of having in tax havens. Spain launched its own investigations based in part on information shared by Switzerland including one about cash the former king allegedly received as part of his involvement in a high-speed Saudi Arabia rail contract. But the probes into him for alleged corruption and tax fraud were archived after he deactivated the possibility of legal action by paying off his tax debts. And the charges were dismissed by Spain’s Supreme Court last May.

Meanwhile, the son of Norway’s Crown Princess Mette-Marit has this year gone on trial accused of sexually assaulting four women . Earlier this month Marius Borg Hoiby admitted to a life of excess due to ‘an extreme need for recognition’ when he took the stand. Wearing jeans , shirt and a sweater, the 29-year-old broke down in tears as he addressed the Oslo district court, saying he had been ‘hassled’ by the media since the age of three when the relationship between his mother and Crown Prince Haakon became public. ‘I’m mostly known as my mother’s son, not anything else. So I’ve had an extreme need for recognition my whole life. And that manifested itself in a lot of intercourse, a lot of drugs, and a lot of alcohol ,’ he said. Hoiby, the crown princess’s son from a relationship before her 2001 marriage to the future king, is accused of 38 crimes including four alleged sexual assaults . He has pleaded not guilty to the most serious charges. He faces up to 16 years in prison if convicted.