The interview

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

by Silvia Martelli

Robert Hazell

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

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'.

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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'.

But will there be reputational and institutional consequences for the British monarchy?""The British public is perfectly capable of distinguishing between the behaviour of an individual and the monarchical institution as a whole. Polls clearly demonstrate this. According to a YouGov survey in October, the opinion of Andrew was strongly negative, with an extremely low approval rating. In the same poll, other members of the royal family recorded positive ratings: support for Charles III, for example, stood at around 62%. A similar percentage of Britons said they wanted to maintain the monarchy as a form of state. This indicates that reputational damage tends to affect the individual rather than the institution'.

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Has the monarchy already survived such crises and scandals?""Well, it has already been through difficult times. Famous is the 'annus horribilis' of 1992, as defined by Elizabeth II, marked by a series of family scandals. Yet public support for the monarchy has remained relatively stable. I expect something similar to happen now'

But is this the most serious crisis involving the royal family?"
This is a serious affair, but not comparable to a real constitutional crisis. A far more serious precedent dates back to the 1930s, with the so-called abdication crisis: Edward VIII was forced to abdicate in order to marry the twice-divorced American Wallis Simpson. That was a major constitutional crisis".

Could this case lead to a review of the public roles entrusted to members of the royal family?"Yes, there is likely to be closer scrutiny in the future. Events like this inevitably lead institutions to strengthen control and evaluation mechanisms

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