Legal Expert Warns of High Bar for Misconduct Charge in Mountbatten-Windsor Case
Leading criminal defence partner Sean Caufield has cautioned that securing a conviction for misconduct in public office – an offence now under scrutiny in the case of Andrew Mountbatten-Windsor – remains exceptionally difficult in our jurisdiction.
Mr Caulfield, told reporters that the threshold for proving the offence is “extremely high,” noting that only 191 people were convicted of this offence between 2014 and 2024.
He explained that prosecutors would first need to demonstrate that Mountbatten-Windsor occupied a position that qualifies as a public office. “There is no standard statutory definition to clearly draw on,” he said. “But case law indicates that a public officer is someone who holds an office of trust or performs a public duty.”
If the case moves forward, a jury will then need to consider whether he acted “wilfully” or recklessly by allegedly sharing confidential government briefing documents – and whether such actions constituted an abuse of the public’s trust.
“If all those elements exist,” Sean added, “the final question will be whether he had a reasonable excuse or justification for his actions.”
Sean Caulfield is a Partner in the Criminal Defence team, with nearly 20 years’ experience, including 10 as a partner. Recognised in the Legal 500 as “well respected,” he specialises in serious criminal defence, including cases of sexual misconduct, violence, and high-profile public law matters. Known for his calm and strategic approach, Sean often acts early to manage risk and protect clients’ reputations while delivering robust advocacy in complex cases.
If you are under investigation, facing serious allegations, or involved in a high-profile or complex case, early specialist advice is essential. Our Criminal Defence team has extensive experience handling sensitive and high-stakes matters, from pre-charge investigations to representation in the Magistrates’ and Crown Courts. For confidential advice and support, contact our Criminal Defence team today on 0330 822 3451 or request a callback.