The four hurdles in the Andrew investigation – and what could come next

Police investigating Andrew Mountbatten-Windsor for misconduct in a private office are facing numerous hurdles as they try to build a case against the disgraced royal.

According to a lawyer representing victims of Jeffrey Epstein, women who claim to have information about Mountbatten-Windsor do not trust the British police enough to speak to them.

Brad Edwards told the BBC he was working with “multiple clients” who could speak about the ex-prince but who fear they will not receive proper treatment in the UK.

One of Edwards’ clients claims she was sent to the UK to have sex with Mountbatten-Windsor – a claim which is being assessed by Thames Valley Police. The former prince has always denied any wrongdoing in relation to any of the allegations against him.

This week, The i Paper revealed Mountbatten-Windsor commissioned a report into his role as trade envoy – a report that prompted a boost to his taxpayer-funded expenses.

Where was the alleged sexual encounter with Andrew?

A woman Edwards represents alleged she was sent to the UK by Epstein for a sexual encounter at Royal Lodge, Mountbatten-Windsor’s former mansion home, in 2010. The alleged encounter occurred the night before the former prince had invited her to Buckingham Palace for a tour and tea, she said.

It is the first time an Epstein survivor has alleged that a sexual encounter took place at a royal residence. The woman, who is not British, said it took place when she was in her 20s.

Why won’t complainants speak out?

Edwards told BBC News that clients of his who have information which might relate to the case would not engage with UK authorities for two main reasons. “First, the authorities did not care to do anything when Epstein was alive, so their confidence is low,” he said.

“Second, and most important, the harassment by the British press has dissuaded them from ever co-operating with UK authorities or speaking with the British press.”

The National Police Chiefs’ Council (NPCC) said that people who come forward will be “treated with care, compassion and respect”.

An NPCC Spokesperson added: “We understand that coming forward can be incredibly difficult, and we want anyone affected to know they can do so in their own time, when they feel ready. Our door remains open.”

Concerns over lack of action after Virginia Giuffre claims

Virginia Giuffre alleged in 2014 that she was trafficked by Epstein and his associate Ghislaine Maxwell, and forced to have sex with Mountbatten-Windsor when she was 17, which he has denied.

In 2015, she complained to the Metropolitan Police, who decided not to open a full criminal investigation. A civil case between Mountbatten-Windsor and Giuffre was settled in 2022 with no admission of liability.

Ms Giuffre died by suicide, aged 41, in April last year, with her family saying she had been a “fierce warrior in the fight against sexual abuse” but that the “toll of abuse… became unbearable”.

Last December, her relatives expressed their “deep disappointment” that Mountbatten-Windsor woould not face a criminal investigation in the UK over allegations against him. “While we have hailed the UK’s overall handling of the case of Andrew Mountbatten-Windsor previously, today we feel justice has not been served,” the family said.

Privacy fears

People who allege they are victims of sexual offences receive lifelong anonymity. It is a criminal offence to publish a complainant’s identity or any information that might lead to them being identified.

An identity can only be revealed if a complainant, aged over 16, chooses to waive their own anonymity and provides consent to do so in writing.

Thames Valley Police said it had engaged with the woman’s legal team but her lawyer said she would not communicate with police as she was concerned about her privacy. Edwards confirmed the force had been in contact with him.

The police have admitted some victims might be put off because of the pressure of national and international attention.

Oliver Wright, Assistant Chief Constable of Thames Valley Police, said: “In terms of Epstein victims and survivors, we hope that anyone with relevant information will come forward. I really want to stress that our door is ​open whenever a victim survivor is ready ​to engage with us. We’re ready ⁠for you at whatever point that may be.”

Complexity of the offence and the investigation

Mountbatten-Windsor was arrested on suspicion of misconduct in public office in February, after emails from the Epstein files appeared to show he shared confidential documents with Epstein while serving as UK trade envoy.

The former was the UK’s special representative for international trade and investment from 2001 to 2011.

Misconduct in public office, which carries a maximum sentence of life imprisonment, can relate to any serious wrongdoing – from sharing confidential information to corruption and sexual misconduct.

However, a major obstacle for investigators is determining whether Mountbatten-Windsor’s former role as a UK government trade envoy legally qualifies him as a “public officer”.

Prosecutors must also establish that an official took part “wilfully” or “deliberately” in the act of misconduct, rather than simply making an error or mistake, and that the action they committed was so bad that it was “an abuse of the public’s trust”.

The Times has reported that Thames Valley Police detectives are understood to be struggling to build a strong enough case for prosecution against the ex-prince, due to the high bar.

Last week, police said they were widening the scope of their investigation to include allegations of sexual misconduct against the former prince.

US not releasing unredacted Epstein files

British police are struggling to obtain unredacted files between Andrew and Epstein from the US Department of Justice (DoJ) files. According to the report, police have submitted a formal request for the authenticated emails.

Doing so under a mutual legal assistance request, however, can take a long time and does not guarantee that the DoJ will release the material.

Mountbatten-Windsor was interviewed under caution following his arrest on 19 February, before being released under investigation. Searches were also carried out at his former homes in Windsor and Norfolk. Detectives are understood to be working through evidence recovered during the operation.

The Metropolitan Police Commissioner has also urged US authorities to release unredacted correspondence between Peter Mandelson and Epstein.

What could happen next?

Officers investigating Mountbatten-Windsor are reportedly looking into an allegation that he behaved inappropriately towards a woman at Royal Ascot.

The alleged incident is said to have happened at the horse-racing event in Berkshire in 2002, The Sunday Times reported, adding that it was not clear if the claim about alleged inappropriate behaviour by Mountbatten-Windsor was reported to officers at the time or more recently.

Two other police forces are conducting full criminal investigations over revelations in the Epstein files, with several others assessing claims about flights entering the UK at airports including Stansted, Luton and RAF bases.

The Metropolitan Police is investigating Mandelson over suspected misconduct in public office, and is running initial inquiries into royal protection officers.

Surrey Police is investigating allegations of non-recent child sexual abuse and human trafficking dating back to the 1980s and 1990s in relation to Epstein.