Despite his arrest, the former Prince Andrew might not necessarily be charged with a crime
Andrew was arrested on suspicion of misconduct in public office
Legal experts tell PEOPLE what will happen next for the former prince
The former Prince Andrew was arrested in connection with an investigation into an allegation that he shared confidential information with Jeffrey Epstein, but it’s not yet clear if he will be charged.
Police took the former prince, who goes by the name Andrew Mountbatten-Windsor after being stripped of his royal titles, into custody at his new home at his brother King Charles’ estate at Sandringham in Norfolk on Thursday, Feb. 19, the day of his 66th birthday.
He left the Aylsham Police Station in Norfolk after spending approximately 11 hours in custody, and was photographed after leaving in the backseat of a vehicle.
British authorities are investigating an allegation that Andrew shared the confidential information with Epstein while the former was serving as a trade envoy for the U.K.
Andrew has denied all wrongdoing connected to Epstein.
Dr. Tom Frost, a senior lecturer in law at Loughborough University, tells PEOPLE that despite Andrew’s arrest, it doesn’t necessarily mean he will face charges or appear in court.
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“Being placed under arrest allows the police force to question him under caution (which means he would be advised of his legal rights), and it also allows them to search his properties for evidence pertaining to the investigation,” Frost says.
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Scenes from Sandringham, where Andrew was arrested.Peter Nicholls/Getty
The former Duke of York was arrested on suspicion of misconduct in public office, a charge that would require an indictment, Frost says, adding that prosecutors would need to establish that he abused the public’s trust and that he either willfully neglected his duties or willfully committed misconduct.
“An ‘abuse of the public’s trust’ is a high bar and is not defined,” says Frost. “Misconduct alone is not enough. The misconduct must be so bad that a jury concludes it is an abuse of the public’s trust.”
George Kampanella, a partner and the head of Business Crime & Regulatory at the law firm Taylor Rose, says in England, suspects who haven’t yet been charged can be released under investigation or on police bail.
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“If he is charged, he would normally appear before a magistrates’ court as soon as practicable and often the next working day if still in custody,” Kampanella says. “If bailed, that appearance could be weeks or even months away.”
Following Andrew’s arrest, King Charles issued a statement through Buckingham Palace.
“I have learned with the deepest concern the news about Andrew Mountbatten-Windsor and suspicion of misconduct in public office,” he said. “What now follows is the full, fair and proper process by which this issue is investigated in the appropriate manner and by the appropriate authorities.”
“In this, as I have said before, they have our full and wholehearted support and co-operation,” the King continued. “Let me state clearly: the law must take its course.”
Epstein died in a New York City jail in 2019 while set to face federal sex trafficking charges.
