Andrew Mountbatten-Windsor search warrants ruled unlawful by High Court

What the court decided

The High Court has ruled that search warrants used by Thames Valley Police to raid the homes of Andrew Mountbatten-Windsor were unlawful.

On Thursday, Mr Justice Hilliard quashed the warrants after the police force conceded it had obtained them under the wrong legal powers. The decision is a significant setback for the police investigation, though the judge made clear it does not shut down the inquiry entirely.

Why the warrants were unlawful

The search warrants were granted earlier this year by the Recorder of London, Mark Lucraft KC, at the Old Bailey. They authorised officers to raid two properties: Andrew's residence on the Sandringham estate and Royal Lodge in Windsor.

However, during a judicial review brought by Andrew’s lawyers, Thames Valley Police admitted that the information they provided to secure the warrants was incorrect.

Specifically, the terms of the warrants required there to be reasonable grounds to believe that confidential or business documents—where an undertaking of confidence had been given—would not be swept up in the search. The police now accept that the judge who signed off on the warrants could not have been sure of this.

What happens to the seized evidence

During the raids, which took place on 19 February—Andrew's 66th birthday—officers seized a quantity of documents and electronic devices.

While the warrants have now been quashed, the police are not immediately returning the items. The force has launched an application to keep hold of the seized property, arguing that they would have been legally permitted to take it under a different act of parliament.

That application will be argued in court next year. Justice Hilliard noted that the unlawful warrants do not mean the entire police operation is void. "The fact that the search warrants were quashed does not bring the investigation to an end or mean that the whole of the investigation is unlawful," he said.

The background to the investigation

Andrew was arrested on the same day as the searches on suspicion of misconduct in public office. He denies any wrongdoing.

The criminal investigation was launched following the release of files relating to Jeffrey Epstein, the convicted American sex offender. It is alleged that Andrew shared sensitive official information with Epstein during his time serving as the UK's special trade envoy.

The legal battle has also highlighted the widening gap between Andrew and the royal family. Late last year, King Charles stripped his brother of his duke title and his right to use the title of prince. While Andrew still receives an annual stipend from the King’s private funds, a palace source said it had been made clear that none of this money was to be used to pay for his legal challenge against the police.