Can Andrew face life in prison for misconduct after arrest?

Andrew's arrest marks the first time a member of the royal family has been arrested in modern history

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Geo News Digital Desk
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Andrew arrested: What is misconduct in public office?
Andrew arrested: What is misconduct in public office?

Andrew's arrest has sparked widespread debate, with many questioning the royal's future and sentence.

The 66-year-old was taken into custordy on Thursday at his Sandinrgham home on suspicion of misconduct in public office. 

As the legal process unfolds it's premature to comment. The courts will do their work without undue influence.

An initial arrest in a white collar crime would be for a few hours to allow searches to be conducted and initial questioning to be done.

It is very unlikely that somebody would be held in custody overnight. Although police can potentially hold someone for 24 hours and get extensions, that really is not very likely.

Assistant Chief Constable Oliver Wright added: "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."

Andrew's arrest comes days after King Charles, 77, said he had been left "profoundly concerned" by allegations relating to his brother's "conduct".

What is Misconduct in Public Office as per UK law?

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.

Seriousness of the neglect or misconduct

Not every wilful neglect of duty or misconduct will suffice to constitute the offence. There is a high bar of seriousness. In Attorney General's Reference No 3 of 2003 [2004] EWCA Crim 868 the court said that the misconduct must amount to:

"… an affront to the standing of the public office held. The threshold is a high one requiring conduct so far below acceptable standards as to amount to an abuse of the public's trust in the office holder."

It is difficult to extract from the case law definitive guidance on when conduct will reach the necessary threshold for misconduct in public office. Each case will be fact and context specific.