What Happens Next? The King v Andrew Mountbatten-Windsor and the Constitutional Reckoning

0:03 Calorougus Shark Media. Hi, am welcome through palace intrigue game your host Mark Francis. Andrew mount Batten Windsor may have been released from custody, but his legal situation is far from resolved. Police searchers at Royal Lodge in Windsor continued on Friday, while searchers at Wood Farm on the Sandringham estate have concluded. According to Thames Valley Police, his release under investigation does not mean he has been cleared, nor does it mean he has been released on bail. There are no conditions attached. It indicates only that the police have completed this phase of questioning and are continuing their inquiry.

0:43 Police retain the option to recall him for further questioning or re arrest him if necessary. They may also pursue additional lines of inquiry. Ultimately, investigators will consult with the Ground Prosecution Service to determine whether there is sufficient evidence to bring charges. That decision could take weeks or months. If charges were brought, the case would formally be styled the King Versus mount Batten Windsor, reflecting the constitutional reality. The prosecutions are brought in the name of the Crown. This is the case in England and Wales, so the case caption reads Rex v. Defendant Rex, being Latin for King. So if and we were charged and brought to trial, the case would formally read Rex v. Mount Batten windsor in the more common shorthand rendering used in British legal and media contexts, that becomes the King v. Mount Batten windsor The Crown in the legal sense is an abstraction.

1:38 It represents the states prosecutorial authority, not the personal will of Charles the third. So it would be constitutionally imprecise to say the King is prosecuting his brother Charles has no personal role in the prosecution, but constitutionally precise and symbolically devastating. The two entirely different things, and the optics of that case caption would be extraordinary. The King his brother Rex versus the man who was stripped of his HRH, the full weight of the Crown's legal authority arrayed, at least in Naane against a member of the family that wears it. For now, the investigation continues, with no formal charge laid and no timeline announced. In the Daily Mail, Richard Kay provides some perspective, writing for centuries, the monarchy has withstood scandal and insurrection, regicide and abdication, and yet survived.

2:26 It has done so thanks to a combination of pragmatic adjustments, and with the exception of the briefest of Blip's public devotion. But this feels different, and dangerously so. But the affair of the ex Prince Andrew was of a different scale. In some savory allegations involving money, sex, and his abandonment of patriotism have permeated every crack of the royal fabric, overshadowing good intentions, obliterating hard won reputations, and somehow trapping the family in an endless cycle of sles. With it too, has gone public sympathy. It is now quite likely that, however long or short, the King's reign will be remembered for one thing, and one thing only, Andrew and how he dealt with him. Yesterday, some of the King's more reliable supporters rushed to the airwaves to claim that charles interventions, commendable as they undoubtedly are, demonstrate the resilience of the monarchy, and that his statement in which he said the law must take its course was a sign of both his and his institution's openness and honesty. I cannot agree. As this whole saga has unfolded, it has felt more and more like a symbolic moment that has struck not just at the public's affection for the monarchy, but at something far more fundamental, our trust in it. There is, I believe, a very real sense of vulnerability, and the decline in public support is pivotal. It has been building for some time.

3:43 The King has been heckled twice in public on official engagements, and in recent days journalists have been emboldened to shout questions at both Charles and Prince William as though they are politicians on the stump. When news that Andrew was no longer to be a prince broke on television, the audience on BBC Question Time broken to spontaneous applause. Even more questions are being asked about the wealth of the Windsors, their extensive properties, and their many privileges. All this can be traced back to Andrew in Broglio. The arrest, however, is not the end of the issue, but rather the beginning more palasage the moment. It's been more than three and a half century since a member of the British royal family was arrested. The last time a reigning monarch was taken into custody was during the English Civil War, when King Charles the First was seized by parliamentary forces.

4:33 Now Andrew mount Batten Windsor has become the first modern royal to be detained by police, arrested on suspicion of misconduct in public office at Sandringham on Thursday morning. He denies all wrongdoing. The alleged offense carries a maximum sentence of life imprisonment. No royal has been arrested in the modern era. That does not mean members of the family have entirely avoided legal trouble, but recent incidents have been of a very different order. Princess Anne has had several speeding convictions. In two thousand and one, she was fined four hundred pounds and given five penalty points after driving her Bentley at ninety three miles an hour and seventy mile an hour zone in Gloucestershire. She reportedly said she believed the police car behind her was at Royal Escort.

5:14 In January of seventy seven, at twenty six, she was fined forty pounds at Alfredton Magistrates Court in Derbyshire for traveling at ninety six miles an hour on the air one. In October of nineteen ninety she was fined one hundred and fifty pounds in banned from driving for one month at Stowe on the Wall after admitting two speeding events, saying she had been late for an engagement. In two thousand and two, Anne's English bull terrier Dotty bit two boys in Windsor Great Park. The Princess Royal pleaded guilty under the Dangerous Dogs Act at Slough Magistrates Court and was fined five hundred pounds. Her daughter Zara was banned from driving for six months in twenty twenty after being caught speeding at ninety one miles an hour near her Cotswolds home. Prince Philip was involved in a road traffic accident near Sandringham in twenty nineteen when his land Over Freelander overturned after a collision with another vehicle. He accepted responsibility.

6:04 The Crown Prosecution Service decided he would not face charges nor police later gave him suitable words of advice after he was photographed driving without a seat belt. He wrote a personal letter of apology to the other driver. Sarah Ferguson had previously recounted that she and Princess Diana were nearly arrested on her hand night in nineteen eighty six, after dressing as police women and ending up in the back of a park's police van. King Charles himself was interviewed as a witness in two thousand and five as part of a Metropolitan Police investigation into the death of Diana, Princess of Wales. Lord Stephens of kirk Welbington later told The Daily Mail that he had interviewed the then Prince of Wales during a three year inquiry. The investigation examined, among other things, a note in which Diana had written that she feared she would die in a staged car accident involving brake failure and serious head injury. No evidence of a plot was found to find a royal detained in custody, however, must go back to the English Civil War.

7:02 In sixteen forty six, King Charles the First surrendered to the Scottish Army after fleeing the besieged city of Oxford. The Scott's later handed him over to the English Parliament. He was held in guarded captivity at Hampton Court Palace, escaped with the help of supporters, and was recaptured and detained at Carsbrook Castle on the Isle of Wight. His continuing negotiations and attempts to rally support led to the Second Civil War. Charles the First was brought to trial in Westminster Hall in January of sixteen forty nine. He was convicted of high treason and executed later that month in Whitehall. In Tudor times, arrests within royal circles were more common. Henry Yates wives and Berlenin Catherine Howard were both accused of trees and adultery and were executed. Princess Elizabeth later Elizabeth the First was imprisoned in the Tower of London in fifteen fifty four under suspicion of involvement in the Wyatt Rebellion, before being released into house arrest.

7:57 Mary Queen of Scot's was arrested in fifteen six sixty eight and held in custody in England for nearly two decades. Modern constitutional monarchy has until now largely avoided such scenes. Andrew mount Batten Winsor's arrest therefore marks an extraordinary moment in contemporary royal history, placing him in a line of royal's attentions that stretches back not decades, but centuries. Palace Intrigue will remain on a modified publishing schedule. We'll have another episode for you later today, and there you have it. If you'd like to email us, it addresses the Palace intrig Get Gmail and dot com. Please follo us on Spotify, Apple or the app of your choice. I Mark Francis my thanks to John McDermott. This is Palace Intrigue and good Times