Andrew Mountbatten-Windsor has been granted permission to bring a judicial review against Thames Valley Police over the search warrants that led to his arrest in February, the Telegraph reported on Sunday. The former Duke of York, King Charles's younger brother, is asking a High Court judge to rule on whether the force acted lawfully when it arrested him on suspicion of misconduct in public office in connection with documents released by the US Justice Department on the late sex offender Jeffrey Epstein. Reuters has since carried the story, though it said it could not independently verify the Telegraph's report.
Mountbatten-Windsor was arrested on February 19 — his 66th birthday — on suspicion of leaking government documents to Epstein while serving as the UK's special representative for trade between 2001 and 2011. Detectives questioned him all day before releasing him under investigation; he spent around 11 hours in custody. He has denied any wrongdoing in relation to Epstein and said he regrets their friendship.
The judicial review targets the search warrants: a judge at the Old Bailey earlier issued warrants that allowed police to raid his residence on the Sandringham Estate in Norfolk and his former home, Royal Lodge in Windsor. A judicial spokesperson confirmed on Monday that a hearing will take place at 2pm on Thursday at the High Court, before Mr Justice Hilliard. It will begin in private and concern a bid by Thames Valley Police to restrict access to court documents. It is not known whether Mountbatten-Windsor will attend.
Thames Valley Police said in a statement on Monday that its investigation into misconduct in public office continues, adding that it is "engaged in legal proceedings in relation to warrants previously obtained from the Central Criminal Court" and that "it would be inappropriate for us to comment further." The criminal inquiry and the judicial review will therefore run in parallel.
The Telegraph noted that this is believed to be the first time a member of the Royal Family has challenged the lawfulness of criminal proceedings against them since the trial of Charles I in 1649. At the heart of the investigation is the allegation that in November 2010, Mountbatten-Windsor forwarded official reports concerning diplomatic visits to Hong Kong, Singapore, Vietnam and China directly to Epstein. He was forced to quit all official royal duties in 2019 over his ties to Epstein, and last October his brother stripped him of his princely title, his dukedom and his honours. The judicial review will decide whether the evidence seized in the raids can be used — a ruling that could shape the entire investigation.