Thames Valley Police in the United Kingdom has admitted that the search warrants used to raid the homes of former British prince Andrew Mountbatten-Windsor were unlawfully issued, the High Court heard on Thursday.
The force searched Andrew’s properties in Norfolk and Berkshire on February 19 after he was arrested on suspicion of misconduct in public office.
He has denied any wrongdoing, while the criminal investigation remains ongoing.
According to the court, police obtained warrants from the Central Criminal Court a day before the searches under sections eight and nine of the Police and Criminal Evidence Act 1984.
The court initially determined that only section eight warrants were required.
However, a subsequent legal challenge established that the warrants should have been issued under section nine, leading to their quashing.
The conditions attached to section nine required reasonable grounds for believing that documents used for business or in a paid or unpaid role involving an undertaking of confidence should not be seized. Thames Valley Police has now accepted that the judge who granted the warrants could not have been certain those conditions were met.
A police spokesperson said, “The agreement that led to the quashing of the warrants relates specifically to a decision made by the court regarding the legal basis for these and is not a judgement on our ongoing investigation.
“We ensured the court was presented with all the necessary information and paperwork to inform their decision, following the correct legal processes throughout.
“We accept the position that the initial court’s decision to issue warrants under the specific piece of legislation used was incorrect and therefore these must be legally quashed.
“Legal proceedings are currently ongoing to decide how material seized during the searches will be managed and whether we can lawfully retain it in support of our ongoing investigation.”
The force added that its “investigation into alleged misconduct in public office by a man in his 60s from Norfolk remains ongoing, and we continue to pursue all reasonable lines of enquiry to effectively and fairly progress this investigation”.
Police seized documents and electronic devices during the searches, but those materials will remain in police custody while Andrew’s legal challenge over their retention continues.
His legal action followed his arrest in February, which came after the United States Department of Justice published documents suggesting that he had forwarded confidential information to convicted sex offender Jeffrey Epstein while serving as a UK trade envoy in 2010.
Andrew has consistently denied any wrongdoing in connection with Epstein.
