Royal Arrest Explained: Top UK Lawyer on 'Misconduct in Public Office'

Ian Collins speaks to former Old Bailey judge Wendy Joseph KC about the arrest and swift release of former prince Andrew on suspicion of misconduct in public office. Joseph explains the charge is rare and legally awkward because it is a common law offence, not set out in a clear statute, meaning prosecutors must piece together principles from past cases that may not neatly match what’s alleged here. Collins notes how unusual the situation feels, and Joseph dryly reminds him that royals have been arrested before — citing Charles I as the historical outlier.

Collins asks what happens next, and Joseph suggests the royal has likely been released “under investigation” rather than on police bail. That means no bail conditions, but police can recall him for further interview at any time — a status introduced after public concern about suspects being left on bail for months or even years. They also touch on the idea that, aside from the reigning monarch’s legal immunity, there is no special treatment in procedure: everyone else goes through the same custody and interview process.

They then consider what the apparent speed and drama of an early-morning arrest might indicate. Joseph says police could have requested a voluntary interview instead, so choosing arrest implies they believed they had “reasonable grounds” to suspect an offence — still far short of charge, let alone trial, but more than gossip. On speculation around material emerging from the US “Epstein files”, she cautions she hasn’t seen the specifics, though credible, attributable communications could trigger enquiries. She adds that any investigation may move slowly due to the scale of examining electronic devices and the unpredictable drip-feed of further US disclosures, before Collins signs off with a light joke about Joseph’s calm, reassuring manner.

Andrew Mountbatten-Windsor denies any wrongdoing.

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