Conditions of Andrew Mountbatten-Windsor's arrest explained as he'll get no special treatment

Andrew Mountbatten-Windsor will not receive special treatment in police custody following his arrest, it has been claimed.

Earlier today (19 February), it was revealed the former Duke of York had been arrested on suspicion of misconduct in a public office.

"As part of the investigation, we have today 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.

"The man remains in police custody at this time," read a statement from Thames Valley police regarding the latest development.

"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."

The arrest, which happened on Andrew's 66th birthday, follows increased concerns about his links to disgraced financier Jeffrey Epstein. The former prince has 'strongly denied' any wrongdoing in relation to the convicted sex offender.

The former Duke of York has been arrested on suspicion of misconduct in a public office (Chris Jackson/Getty Images)

What happens next?

Following the news of Mountbatten-Windsor's arrest, policing commentator Danny Shaw explained to BBC Radio 5 Live what the King's brother can expect to face in the next couple of days.

Shaw revealed that suspects can be held for either 12 or 24 hours before they are either charged or released pending further investigation.

The longest in which Andrew could remain in police custody is 96 hours, however, this would require multiple extensions to be granted by senior police officers and a Magistrate's Court.

When it comes to the conditions that Andrew can expect for the next few hours, Shaw revealed there will be 'no special treatment for him' and he will instead be held in a cell featuring 'a bed and a toilet'.

What we don't know about Andrew's arrest

Police are yet to release the grounds on which the arrest was made or what prompted Thames Valley Police to take him into custody.

It is not currently clear whether or not Andrew has been interviewed under caution by police.

There was increased presence outside the former prince's home in Sandringham, Norfolk, this morning (Peter Nicholls/Getty Images)

What does misconduct in a public office mean?

Explaining the charges, Judge Simarjot Singh, managing partner at Judge Law, said: "Misconduct in public office is a serious common law offence which requires prosecutors to show that a public officer deliberately breached their duty in a way that represents a serious abuse of public trust.

"It is not enough for there to have been an error of judgment - the conduct must be wilful and sufficiently serious."

Judge Singh went on to add that prosecutors would need to prove that any material shared 'amounted to a deliberate breach of official duty'.

"Prosecutors would need to establish intent, seriousness and whether the conduct crossed the threshold into criminal wrongdoing," he said.

"An arrest under suspicion does not mean a charge has been brought, and it does not imply guilt. Police must gather and assess evidence before deciding whether the case meets the charging threshold."