Andrew Mountbatten-Windsor is taking legal action against Thames Valley Police in a bid to quash the search warrants that led to his arrest.
The former duke of York was arrested in February on suspicion of misconduct in public office after emails released by the US Department of Justice appeared to show him sharing confidential information with Jeffrey Epstein while serving as UK trade envoy. Mountbatten-Windsor has denied all wrongdoing.
There are several possible scenarios ahead for Mountbatten-Windsor, who was granted permission to lodge a judicial review over whether the police acted lawfully or not in the search of his homes.
A Thames Valley Police spokesperson confirmed that it was “engaged in legal proceedings in relation to warrants”, but that its investigation into the former prince “continues”.
An initial judicial hearing, over the police’s request to keep some documents sealed, will take place in private on Thursday, a judicial spokesperson confirmed to The i Paper. Mountbatten-Windsor’s representatives did not immediately respond to a request for comment.
1. Police could be found to have acted lawfully
A judge at the Old Bailey issued warrants that allowed Thames Valley Police to search Andrew’s residences on the Sandringham Estate and his former Windsor home, Royal Lodge, on his 66th birthday on 19 February.
The High Court will want to know if police had reasonable grounds for the searches, and if the searches were carried out in line with the warrants, experts told The i Paper.
If police are found to have acted reasonably and in the scope of the search warrants, then the force could continue its investigation with any material gathered by officers, they said.
The High Court will want to know if Thames Valley Police complied with a “duty of candour” to provide all the relevant information justifying the search warrant, said Quentin Hunt, barrister in criminal and regulatory law at 2BR chambers.
It will also want to ask if the police went “through the proper processes”, legal commentator Joshua Rozenberg told Sky News. Police typically have to show that searching someone’s home was necessary for a “prompt and effective investigation”, Rozenberg said.
2. Police use material even if they acted unlawfully
If the searches were found to be unlawful, then any material gathered in those searches could potentially still be used by Thames Valley Police, according to experts.
In a scenario where the search was found unlawful, the police force could argue that it “should still be able to keep hold of the proceeds of their investigation”, said Hunt.
The court would then make a decision “on the merits” of the police’s argument, the barrister added.
John Hagan, a solicitor who specialises in actions against the police, said that even if the searches were found to be unlawful, “it wouldn’t automatically follow that any evidence that have been uncovered would be excluded from any future proceedings”.
In cases where the police lose challenges against search warrants on a technical mistake, they have sometimes been allowed to keep material obtained in a search, Nick Vamos, a criminal lawyer at Peters & Peters, told the BBC.
3. Files tossed out if police acted unlawfully
The court could decide that the police must return any materials to Mountbatten-Windsor and block the force from using them as evidence.
“The High Court judge will have a very wide range of discretion,” said Hagan, a partner at DPP Law. “It would very much be at the discretion of the judge and dependent upon the facts of the case.
“It could be that a successful judicial review could result in those items having to be immediately handed back.”
Mountbatten-Windsor’s lawyers may try to argue that the evidence should not be used in any case made against him, said Dai Davies, head of Scotland Yard’s Royal Protection Command between 1994 and 1998.
“It’s possible strategy that I suspect that they [Mountbatten-Windsor’s legal team] may be trying to pursue,” Davies told The i Paper.
4. Andrew could receive compensation – and an apology
Mountbatten-Windsor could try to win compensation if the police searches are judged to have been unlawful.
The judicial review claim could be “taken as a precursor step to suing for substantial compensation” if he wins, said Hagan. “In view of the very high-profile nature of the case, I’m presuming it could be a very high-value claim.”
Such claim can vary from a low‑level £1,500 up to “tens of thousands of pounds”, depending on the search’s length, any damage caused, and the impact on someone’s public reputation, said Hagan.
Hunt said an apology could be part of any settlement if the judicial review is successful, although that is not something that the High Court would order initially.
“If there were, for example, a settlement of the action, part of the settlement could well be an admission of wrongdoing and an apology,” said the barrister.
However, even if Mountbatten-Windsor were to win compensation and an apology, it may not affect the police’s investigation into alleged misconduct in public office, say experts.
“I can’t see that this judicial review would be able to derail the criminal investigation,” said Hagan. “There are two separate things: you can be under suspicion of an offence, and it could be that the search warrant for your property is obtained unlawfully in some way.”
What’s next for Andrew
It is not clear whether Mountbatten-Windsor will attend the private High Court hearing on Thursday.
The King’s brother was arrested on 19 February and interviewed under caution before being released under investigation. Police began their searches of the properties the same day.
The legal definition of misconduct in a public office can include a broad range of behaviour – including sharing confidential financial information, financial misconduct, wilful neglect of duty and sexual misconduct. It also covers corruption and improper interference, conflict of interest and perverting the course of justice.
A Thames Valley Police spokesperson said: “Whilst our investigation into misconduct in public office continues, we are engaged in legal proceedings in relation to warrants previously obtained from the Central Criminal Court. As these legal proceedings are currently ongoing, it would be inappropriate for us to comment further.”
Separately, the Metropolitan Police has been contacting royal protection officers who may have worked with Mountbatten-Windsor following claims they may have information relevant to Epstein-linked inquiries.
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