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What is misconduct in public office?

Andrew Mountbatten-Windsor is arrested on suspicion of 'misconduct in public office'

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Andrew pictured in New York in 2001 during his first major overseas engagement after being appointed as an 'ambassador' for British business.
Andrew pictured in New York in 2001 during his first major overseas engagement after being appointed as an 'ambassador' for British business. Picture: Getty

By William Mata

Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in public office and is in police custody.

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The former prince was arrested on Thursday morning, his 66th birthday, at his home in Sandringham following allegations related to paedophile financier Jeffrey Epstein.

Read more: Follow live as Prince Andrew is arrested in Sandringham

Pictures circulated online appearing to show unmarked police cars attending Wood Farm on the Sandringham Estate in Norfolk, with plain-clothed officers appearing to gather outside.

The arrest follows allegations made against the former prince after the release of millions of pages of the Epstein Files.

Assistant Chief Constable Oliver Wright said: “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.”

But what is misconduct in public office?

A sign at the entrance to Wood Farm on the Sandringham Estate in Norfolk, where Andrew Mountbatten-Windsor is reported to be staying temporarily.
Andrew was arrested in the Sandringham Estate. Picture: Alamy

What is misconduct in public office?

Misconduct in a public office is a serious offence that carries the maximum sentence of life imprisonment. It relates to a clear link of misconduct and abuse of power and responsibilities.

The Crown Prosecution Service states: “Misconduct in public office (“MiPO”) is a common law offence that can be tried only on indictment.

“It carries a maximum sentence of life imprisonment. The offence concerns serious wilful abuse or neglect of the power or responsibilities of the public office held.

“There must be a direct link between the misconduct and an abuse of those powers or responsibilities. The Court of Appeal has made it clear that the offence should be strictly confined, and it can raise complex and sometimes sensitive issues.”

The law is not defined in any statute and, according to the Law Commission, is an offence that is “widely considered to be ill-defined and has been subject to recent criticism”.