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Police accept searches of Andrew Mountbatten-Windsor's homes were unlawful

A High Court judge quashed the warrants but said the investigation into the former prince continues.

Discover Brum Newsdesk

3 min read

The Palace of Westminster
The Palace of Westminster. Photo: Dietmar Rabich / Wikimedia Commons, CC BY-SA 4.0

Search warrants used by police to raid two homes linked to Andrew Mountbatten-Windsor have been quashed by the High Court, after Thames Valley Police accepted they had been issued unlawfully.

Mr Justice Hilliard said on Thursday 8 October that the force had made a "significant error" when it applied for the warrants, and that the police had agreed "the search warrants were unlawful".

The investigation continues

The judge made clear that the ruling does not end the inquiry. "The fact that the search warrants were quashed does not bring an investigation to an end, or mean that the whole of the investigation was unlawful," he said.

A Thames Valley Police spokesperson said: "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 spokesperson added. The force said it had returned only material it judged not to be connected to the investigation.

The judge said the police were applying to keep the seized material, which Mr Mountbatten-Windsor opposes, and that the question would not be settled until next year.

Background

The King's younger brother was arrested on his 66th birthday in February on suspicion of misconduct in public office, in connection with his links to the late American sex offender Jeffrey Epstein. He was released later that day and remains under investigation. He denies wrongdoing.

Police then searched his former home, Royal Lodge in Windsor, and Wood Farm on the Sandringham estate in Norfolk. He later launched a legal challenge to the warrants.

He was stripped of his royal titles last year because of his association with Epstein, who died in a New York prison in August 2019.

Royal Lodge repairs

It emerged on Friday 9 October that the King has paid a £1.5 million bill for repairs to Royal Lodge, the Windsor home Mr Mountbatten-Windsor has left.

What the ruling means

A search warrant gives police the legal power to enter and search private property, and must be granted under the correct law and for proper reasons. When a warrant is found to be unlawful, the search carried out under it is also unlawful, which can affect whether evidence found can be kept or used.

That is why the next stage, a court decision on whether Thames Valley Police may retain what it seized, will be important for the investigation. No charges have been brought, and Mr Mountbatten-Windsor is entitled to be presumed innocent.

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