Andrew arrested: What is misconduct in public office?

King Charles III's younger brother, Andrew Windsor, was arrested by cops on Thursday at his Sandinrgham home on suspicion of misconduct in public office over allegations he sent confidential government documents to Jeffrey Epstein.

Thames Valley Police said earlier this month officers were considering allegations that Mountbatten-Windsor had passed documents to the late convicted sex offender, according to files released by the US government.

Thames Valley Police released a statement after the arrest on their official X, writing: "As part of the investigation, we have today (19/2) arrested a man in his sixties from Norfolk on suspicion of misconduct in public office and are carrying out searches at addresses in Berkshire and Norfolk."

Without sharing any further specific details in the case, the cops said: "The man remains in police custody at this time. We will not be naming the arrested man, as per national guidance."

They continued: "Please also remember that this case is now active so care should be taken with any publication to avoid being in contempt of court."

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.”

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.