Prince Andrea, lawyer explains: 'A serious affair, but not a constitutional crisis'
British lawyer Robert Hazell explains that the monarchy has faced far more serious situations than the one generated by the arrest of Prince Andrew
With the arrest of former Prince Andrew, the British monarchy enters one of its most delicate phases in recent decades. But what is the scope of the indictment and what effect will it have on the hold of the Crown? We spoke with Robert Hazell, barrister and founder of the Constitution Unit, the University College London think tank specialising in constitutional reform.
Professor Hazell, how serious is the crime charged against the prince and what should the prosecution prove? "It is a serious charge: the crime of misconduct in public office, i.e. abuse of public office. It is a common law offence, therefore not provided for by a specific statutory law, but derived from customary law. To obtain a conviction, the prosecution would have to prove that, at the time of the events, the prince held a public office and that he abused the trust connected with that role in such a serious manner as to constitute a real betrayal of the public trust, without reasonable justification'.
What legal consequences could Prince Andrew face?""Being a common law crime, the theoretical maximum penalty can be up to life imprisonment."
And is it realistic for him to be given one? "No, it is highly unlikely. Even in the case of guilt, any prison sentence would likely be much less than for far more serious crimes, such as murder'.
But as a member of the royal family, does he not enjoy any special protection or privileges? "No. There is no legal protection or special treatment. In criminal law terms, he is a citizen like anyone else. This applies to all members of the royal family, with the exception of the sovereign. The king, as head of state, enjoys specific immunities, similar to those granted to heads of state in other legal systems, such as the President of the Republic in Italia'.



