Andrew Mountbatten-Windsor remains locked in a High Court battle over whether evidence obtained during raids of two of his properties can be used in the criminal investigation into him after police acknowledged the search warrants used were unlawful.
asserted
warrants → remain → him
Mr Justice Hilliard said on Thursday that while the former Duke of York and Thames Valley Police had reached an “agreement” that the warrants were unlawful, police have since launched a bid to retain evidence gathered during the searches in February.
asserted
police → say → February
He said Andrew opposes the bid to retain the evidence, with a hearing in the case to be held in private in 2027.
asserted
hearing → say → 2027
It means that the former prince could remain in limbo for several more months before learning if he will be charged with an offence.
uncertain
he → mean → offence
Read More
He was then arrested on suspicion of misconduct in public office on February 19, his 66th birthday, following allegations he shared sensitive information with Jeffrey Epstein during his time as the UK’s trade envoy.
asserted
he → read → envoy
Andrew was interviewed under caution before being released under investigation, and denies wrongdoing, with the police probe ongoing.
asserted
probe → interview → wrongdoing
The King’s younger brother then challenged the search warrants at the High Court, with Mr Justice Hilliard saying in a ruling on Thursday that an “agreement was reached between the claimant and Thames Valley Police that the search warrants were unlawful”.
asserted
warrants → challenge → claimant
Mr Justice Hilliard said that a “significant error was made in the application for and grant of the search warrants,” and that was “enough to render the warrants, the searches and the material seized unlawful”.
asserted
warrants → say → warrants
But he also said: “There would be little point handing it back if it could be lawfully seized on some other provision.
uncertain
it → say → provision
“I will have to decide whether the new application is granted or not.
asserted
application → have → ?
“The fact the search warrants have been quashed does not bring the investigation to the end or mean the whole investigation is unlawful.”
asserted
investigation → quash → end
Andrew did not attend the hearing, with his barrister making no submissions.
asserted
barrister → attend → submissions
In a statement after the hearing, a Thames Valley Police spokesman said: “The initial court’s decision to issue warrants under the specific piece of legislation used was incorrect, and therefore these must be legally quashed.
asserted
these → say → legislation
“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.
asserted
we → decide → investigation
“Our 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.”
asserted
we → remain → investigation
It is understood that Thames Valley Police applied for search warrants under two parts of the Police and Criminal Evidence Act, which regulates police powers, but an Old Bailey judge decided warrants were only needed under one.
It is further understood that after Andrew launched his legal challenge, it was agreed that the warrants should have been granted under the other part of the legislation, known as Section 9.
asserted
warrants → understand → Section
Warrants under this part allow for searches of items covered by legal privilege, or “excluded material”, including business records and confidential journalistic material.
asserted
Warrants → allow → records
Mr Justice Hilliard said that after the warrants were granted, police later conceded that the judge “could not properly have been satisfied there were reasonable grounds for believing” that section 9 warrants were not needed.
uncertain
warrants → say → ?
This was because it was “expressly envisaged” that police would search for material covered by legal privilege and other conditions.
asserted
police → envisage → privilege
Danielle Reece-Greenhalgh, partner at Corker Binning, said that an unlawful or defective search warrant does not stop the police from examining the items during their investigation, and does not automatically mean any evidence is inadmissible in any future trial.
asserted
evidence → say → trial
She continued: “The question of whether and how unlawfully obtained evidence can be used centres on whether its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
asserted
court → continue → it
“If the irregularity or unlawfulness goes hand in hand with some significant resulting unfairness which is incapable of remedy, Mr Mountbatten-Windsor may have grounds to argue that whatever material has been uncovered should not be used against him.”
uncertain
uncovered → go → him
Sean Caulfield, a partner at law firm Hodge Jones and Allen, said he believes the police will continue to be able to use the material they have while waiting for the 2027 hearing.
asserted
they → say → hearing
He said: “The police will retain the material and are very likely to continue to examine it thoroughly, but the CPS are likely to wait until this process resolves in their favour before making a charging decision because it’s at least possible that some of the evidence could be ruled inadmissible because of the flaw in the warrant.”
uncertain
some → say → warrant
A National Police Chiefs’ Council spokesperson said: “Thames Valley’s investigation into misconduct in public office continues.
asserted
investigation → say → office
“The force is pursuing a number of live lines of inquiry and continues to support the national response to the release of the Epstein files in various ways, including victim engagement.
asserted
force → pursue → engagement
“Nationally, the policing response to the release of the files also continues to progress.”
asserted
response → continue → files
The spokesperson said a “small national team made up of two senior detectives and intelligence experts specialising in organised exploitation” are reviewing “a significant volume of material to determine where further investigation may be required”.
uncertain
investigation → say → material
They added: “Identifying any further potential offending, suspects, victims or witnesses is a complex process, and will take time, but UK policing remains committed to carrying out a meticulous assessment of the material released by the US Department of Justice.”
asserted
policing → add → Justice
Mr Justice Hilliard also said the case had not previously been heard in open court because the parties agreed the search warrants were unlawful without the need for a hearing.
asserted
warrants → say → hearing
Thursday’s hearing was expected to hear the police’s bid to restrict access to documents in the claim.
uncertain
hearing → expect → claim
But Mr Justice Hilliard said that on Wednesday afternoon police indicated they no longer pursued the restrictions, subject to certain information being redacted, such as the names of individual officers.
asserted
they → say → officers
The Aporia
