Is Prince Andrew going to prison? In February 2026, Prince Andrew â now known as Andrew Mountbatten-Windsor â was arrested by Thames Valley Police on suspicion of misconduct in public office, in connection with his alleged sharing of confidential government information with convicted sex offender Jeffrey Epstein. He was released after approximately 11 hours without charge and remains “under investigation.” Whether he will face prosecution, and potentially a prison sentence, is a matter for the Crown Prosecution Service to decide.
The Arrest
On 19 February 2026 â his 66th birthday â Andrew Mountbatten-Windsor was arrested by Thames Valley Police at a property linked to the Sandringham estate in Norfolk. The arrest was made on suspicion of misconduct in public office. He was held for approximately 11 to 12 hours, questioned by detectives, and then released under investigation, which is the standard procedure in England and Wales when police do not have sufficient evidence to charge at the point of arrest but wish to continue enquiries.
Police also searched properties associated with Andrew, including his former home at Windsor and a property at Sandringham, in the days following the arrest. The searches were conducted as part of the ongoing investigation and were concluded without any further immediate action being confirmed. The arrest followed the publication of newly declassified documents from the United States Department of Justice relating to Jeffrey Epstein’s network of contacts.
What is He Accused Of?
The specific allegation under investigation is that Andrew Mountbatten-Windsor shared confidential government information with Jeffrey Epstein while serving as the United Kingdom’s Special Representative for International Trade and Investment between 2001 and 2011. Emails released by the United States Department of Justice appear to show Andrew forwarding official documents to Epstein, including reports of official visits to Hong Kong, Vietnam, and Singapore, as well as a confidential briefing on investment opportunities in Afghanistan.
These communications, if verified and proven to have been shared without authorisation, could constitute a breach of the Official Secrets Act or fall within the scope of the common law offence of misconduct in public office. It is important to note that Andrew has not been charged with any offence, and all allegations remain unproven at this stage.
What is Misconduct in Public Office?
Misconduct in public office is a common law offence in England and Wales that applies to a person who holds a public office and wilfully neglects to perform their duty or engages in behaviour that constitutes a serious breach of the responsibilities of that office. The offence is notoriously difficult to prosecute successfully, as it requires prosecutors to demonstrate that the holder of the office acted deliberately and to a degree that falls far below what is expected of them.
The maximum sentence for misconduct in public office is life imprisonment, making it one of the most serious offences that can be prosecuted under English law. However, legal experts have noted that the threshold for a successful prosecution is high and that it would be unusual for a case of this nature to proceed quickly through the courts. For context on how serious offences are sentenced in England and Wales, see our guide to prison sentence guidelines.
Current Legal Status
As of March 2026, Andrew Mountbatten-Windsor has been released under investigation by Thames Valley Police. This means he is neither charged nor exonerated. In England and Wales, being released under investigation (RUI) is a formal status that replaced the previous approach of releasing suspects on bail in many cases. Under RUI, there is no bail clock running and no conditions attached unless specifically imposed, but the investigation continues.
The decision on whether to charge Andrew with any offence rests with the Crown Prosecution Service (CPS), which must apply the two-part test: first, whether the evidence passes the evidential threshold, and second, whether a prosecution would be in the public interest. There is no confirmed timeline for when the CPS is expected to make a decision.
What Happens Next?
Following the conclusion of the police investigation, the case will be referred to the Crown Prosecution Service for a charging decision. If the CPS determines that there is sufficient evidence and that a prosecution is in the public interest, charges could be brought. If charged, Andrew would appear before a magistrates’ court before being sent to the Crown Court for any serious offence trial.
If convicted of misconduct in public office, sentencing would take into account the nature and duration of the alleged conduct, whether any harm was caused, and any mitigating or aggravating factors. Legal experts have noted that, historically, prosecutions for misconduct in public office are rare and the evidential burden is substantial. However, the seriousness of the allegations means the case will be closely scrutinised by the CPS. To understand how the UK’s criminal justice process works from charge through to sentencing, see our overview of types of prison sentences in the UK.
Background: Andrew and Epstein
Andrew Mountbatten-Windsor’s association with Jeffrey Epstein became a matter of intense public scrutiny following Epstein’s arrest in the United States in 2019 and his subsequent death in custody that same year. In November 2019, Andrew gave a widely criticised television interview in which he denied any knowledge of Epstein’s criminal conduct. He subsequently stepped back from royal duties.
In January 2022, a civil lawsuit filed against Andrew in New York by Virginia Giuffre, who accused him of sexual abuse, was settled out of court on undisclosed terms. Andrew did not admit any liability. In January 2023, King Charles III removed Andrew’s remaining royal patronages, and he subsequently ceased to be known as “His Royal Highness,” becoming Andrew Mountbatten-Windsor as a private individual.
The February 2026 arrest followed the release of thousands of previously sealed documents from the United States federal investigation into Epstein’s network, which included correspondence that investigators have been examining for potential criminal conduct.
Frequently Asked Questions
Is Prince Andrew going to prison?
It is not certain that Prince Andrew will go to prison. As of March 2026, he has been arrested on suspicion of misconduct in public office but has not been charged with any offence. The Crown Prosecution Service must review the evidence gathered by Thames Valley Police and decide whether to bring charges. If charged, tried, and convicted, sentencing would be at the discretion of the judge. Legal experts have noted that misconduct in public office is a difficult offence to prosecute successfully.
What is Prince Andrew accused of?
Andrew Mountbatten-Windsor is under investigation on suspicion of misconduct in public office. It is alleged that, while serving as the United Kingdom’s trade envoy, he shared confidential government documents with Jeffrey Epstein without authorisation. The documents in question are said to have included official trip reports and a confidential briefing on investment opportunities. These allegations are unproven and no charges have been brought as of March 2026.
What does released under investigation mean?
Released under investigation (RUI) is a legal status in England and Wales that means a suspect has been released from police custody without charge, but the investigation into their alleged conduct continues. There is no fixed deadline for the investigation to conclude. The police will review evidence and refer the case to the Crown Prosecution Service when they believe the investigation is complete. RUI does not mean the person is innocent or that no charges will follow.
What is the maximum sentence for misconduct in public office?
The maximum sentence for misconduct in public office under English and Welsh law is life imprisonment. However, this is an extreme upper limit and the actual sentence handed down in any conviction would depend on the specific facts of the case, the nature and extent of the misconduct, any harm caused, and the presence of aggravating or mitigating factors. The offence is rarely prosecuted and convictions are not common.
Has Prince Andrew been charged with any crime?
No. As of March 2026, Andrew Mountbatten-Windsor has not been charged with any criminal offence. He was arrested by Thames Valley Police on 19 February 2026 on suspicion of misconduct in public office and was released under investigation after approximately 12 hours of questioning. The decision on whether to charge him will be made by the Crown Prosecution Service following a review of the evidence gathered during the investigation.
