What happens next for Andrew Mountbatten-Windsor after his arrest?

Andrew Mountbatten-Windsor was arrested Thursday morning and has been in custody for hours. But the arrest — as dramatic as it is — is only the beginning of what could be a lengthy legal process. Here’s what comes next.

What happens after an arrest

Despite spending much of his 66th birthday in a police custody suite, Mr. Mountbatten-Windsor is unlikely to remain detained indefinitely.

Under U.K. law, police can generally hold a suspect for up to 24 hours without charge. In more serious cases, officers can apply to extend detention — in some circumstances up to 96 hours. How long Mr. Mountbatten-Windsor remains in custody will depend on investigators’ assessment of the evidence and the needs of the inquiry.

If he is released without charge, he could be released on police bail and required to return to a police station at a later date while the investigation continues.

The evidence will be examined

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SEE ALSO: British police arrest ex-Prince Andrew over Epstein ties

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While Mr. Mountbatten-Windsor is being questioned, police are searching properties in Norfolk and Berkshire connected to him, including Wood Farm on the Sandringham Estate, where he has been staying. Investigators will be seeking material that either corroborates or contradicts the central allegation under investigation — that Mr. Mountbatten-Windsor, while serving as Britain’s special trade envoy for international trade between 2001 and 2011, improperly shared confidential government information with convicted sex offender Jeffrey Epstein.

The National Crime Agency has confirmed it is assisting U.K. police forces in assessing material connected to the Epstein files, adding further resources to the inquiry.

Andrew has not been charged with any offense. He has consistently denied wrongdoing and has not publicly responded to the specific allegations now under investigation.

The challenge of proving misconduct in public office

Misconduct in public office is one of the oldest offenses in English common law and is widely regarded as difficult to prosecute. The Crown Prosecution Service must establish several elements: that the defendant was acting as a public officer, that he willfully neglected his duty or engaged in misconduct, that the conduct amounted to an abuse of the public’s trust, and that it was serious enough to warrant criminal punishment.

The threshold is deliberately high. The Court of Appeal has said the conduct must amount to “an affront to the standing of the public office held” — not merely an error of judgment but a serious and deliberate abuse.

Data from recent years show that most convictions under the offense have involved police or prison officers. Prosecutions of elected officials appear to be rare.

A central legal question in any potential case would likely be whether Andrew was “acting as” a public officer at the time of the alleged conduct — a distinction courts have examined closely in past cases.

A charging decision may take time

Thames Valley Police and the Crown Prosecution Service will now assess whether there is sufficient evidence to authorize charges. That process typically takes weeks rather than days in complex cases.

If prosecutors determine the evidential threshold is met, Mr. Mountbatten-Windsor would be formally charged and the case would proceed to court. Under the British system, criminal cases are styled “R v. [Defendant],” with the “R” standing for Rex — the king — reflecting that prosecutions are brought in the name of the Crown.

King Charles III released a statement Thursday saying “the law must take its course” and indicating that the Palace will cooperate with authorities.

What he could face if charged

Misconduct in public office carries a maximum sentence of life imprisonment, though penalties vary widely depending on the severity of the conduct. In less serious cases, courts have imposed suspended sentences.

For now, Mr. Mountbatten-Windsor has not been charged. The presumption of innocence applies. The path from arrest to any potential conviction is often lengthy and uncertain.

Media coverage has described the arrest as an unprecedented moment for a senior royal in modern times. Whatever happens next, the investigation now enters a phase that could stretch on for months — with legal, constitutional, and personal consequences still unknown.