Law and Lawyers: Andrew Mountbatten-Windsor arrested on suspicion of misconduct in public office

19 February 2026

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

With Updates

Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in public office - BBC News 19 February 2026.

Parliament is in the process of replacing this common law offence (but not retrospectively) - see previous post 4 February 2026.

Only HM The King has personal immunity from prosecution or civil action - (see note)

The elements of the offence were set out in Attorney General's Reference 3/2003 reported at [2004] EWCA Crim 868. At para 61 of the judgment, the Court of Appeal (Criminal Division) summarised the requirements:

1. A public officer acting as such

2. Wilfully neglects to perform his duty and/or wilfully misconducts himself

3. To such a degree as to amount to an abuse of the public's trust in the office holder

4. Without reasonable excuse or justification.

The court added that, as with other criminal charges, it will be for the judge to decide whether there is evidence capable of establishing guilt of the offence and, if so, for the jury to decide whether the offence is proved.

Statement from HM The King

Previous post - The Epstein Files 3 February 2026

Update 20 February 2026:

A M-W was released under investigation (RUI). This is NOT the same process as release on bail (with or without conditions).

RUI is explained in a House of Commons Research Briefing issued on 4 January 2023.

The College of Policing has issued Investigation Process - Bail and Released under Investigation.

Note:

State Immunity Act 1978 - A State is immune from the jurisdiction of the courts of the United Kingdom except as provided in Act.

Update 23 February 2026:

Lord Mandelson arrested on suspicion of misconduct in public office. He was subsequently released on bail.

Update 24 February 2026:

Mandelson's lawyers say he was arrested over 'baseless' claim he was a flight risk - BBC News