Meanwhile, a legal expert has explained what exactly misconduct in public office means, and what prosecutors need to prove to secure a conviction.What the police initially said
« As part of the investigation, we have today (19/2) arrested a man in his sixties from Norfolk on suspicion of misconduct in public office and are carrying out searches at addresses in Berkshire and Norfolk, » Thames Valley Police said, per the BBC.
« The man remains in police custody at this time. We will not be naming the arrested man, as per national guidance. Please also remember that this case is now active so care should be taken with any publication to avoid being in contempt of court. »
Assistant Chief Constable Oliver Wright added: « Following a thorough assessment, we have now opened an investigation into this allegation of misconduct in public office.
« It is important that we protect the integrity and objectivity of our investigation as we work with our partners to investigate this alleged offence.
« We understand the significant public interest in this case, and we will provide updates at the appropriate time. »
What does misconduct in public office mean and what is the maximum sentence?
The Crown Prosecution Service describes misconduct in public office as the ‘serious wilful abuse or neglect of powers’ in a public role.
Andrew served as UK trade envoy between 2001 and 2011.
Gareth Martin, specialist criminal defence and regulatory lawyer at Olliers Solicitors: « Unlike many modern offences, this is a common law crime with no statutory limit on sentencing – meaning it carries a maximum of life imprisonment. »
“The threshold for this offence is exceptionally high. The courts have been clear that it should only be used where the conduct is so blameworthy that it warrants criminal punishment rather than civil or disciplinary action.”
Prosecutors must prove there was ‘a wilful breach of his official duties’.
