Justice · Search warrant challengeContinuing story · report 2 of 2
Andrew’s Warrants Were Quashed in July. Police Still Hold the Seized Material
A correction to our 6 October report: the High Court had already invalidated the warrants. The investigation continues, but police authority to retain and examine the seized material remains contested.
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Continuing storyDay 5
2 reports40 outlets69 sources12 videos
Full storyWhat changed since our last report
3 days later
Then
Why Is a Suspect Suing the Police Who Searched His Homes?What we said was still open
Whether Sky's "around 9 October" hearing and the Thursday hearing are the same event.
Still openWhen the substantive review will be heard, and whether the investigation ends in a charge or no further action.
Still openThe judge's decision on document restrictions, and whether media organisations are allowed to make representations.
Still openNo restriction on court-file access is reported. The precise access terms and whether media organisations made representations remain unestablished. 44
Now
A correction to our 6 October report: the High Court had already invalidated the warrants. The investigation continues, but police authority to retain and examine the seized material remains contested.
What moved
- Mr Justice Hilliard explains the outcome at the Royal Courts of Justice.
22 July 2026 is the date that changes this story. That was when the High Court quashed the warrants used to search Andrew Mountbatten-Windsor’s homes—not 8 October, when the outcome was explained publicly. Months after the warrants lost their legal authority, police still hold the documents and electronic devices seized under them. Whether investigators may lawfully retain and examine that material is now the consequential court fight. 11 10 67
Thames Valley Police accepted that the warrants were issued under the wrong provision of the Police and Criminal Evidence Act 1984. That is a concrete failure in the authority obtained for the searches. It is neither a finding that Mountbatten-Windsor committed the suspected misconduct nor a finding that he did not. The investigation continues. 1 11
It also requires a correction to our reporting. On 6 October, HeyDay News reported a warrant challenge still awaiting its substantive outcome, with permission for judicial review granted and an upcoming hearing concerning access to court documents. We said no unlawful-warrant ruling had been established. The newly available account shows the warrants had already been quashed. Our description of a challenge awaiting that decision was wrong and is superseded.
The Guardian’s 8 October account foregrounded the court’s unlawful-warrant ruling; BBC News, reporting the same day, specified that quashing had occurred on 22 July. The police statement published at 14:44 on 8 October began: “On 22 July, the High Court quashed search warrants granted on 18 February 2026”. October was the public explanation reported here, not a new quashing decision. Whether that statement was the first public disclosure is not established. 1 11 67
The decision preceded the public explanation
- 18 February 2026167
The recorder of London issues the warrants at the Old Bailey.
- 19 February 2026110
Police search two properties and arrest Mountbatten-Windsor.
- 18 May 202640
The judicial-review claim is issued.
- 22 July 20261167
The High Court quashes the warrants.
- 8 October 20264011
Mr Justice Hilliard explains the outcome at the Royal Courts of Justice.
Mountbatten-Windsor, the former Prince Andrew, was arrested on suspicion of misconduct in public office on his 66th birthday. He was questioned for 11 hours and released under investigation. The allegation concerns sharing sensitive or confidential information with Jeffrey Epstein while serving as a UK trade envoy. He denies wrongdoing. This update establishes no charge, acquittal or decision to take no further action. 1 4 8 17
The wrong route into the homes
The warrant application sought authority under sections 8 and 9 of the Police and Criminal Evidence Act. The warrants were granted under section 8; Hilliard concluded that lawful warrants for these searches required section 9. Police and the claimants agreed they were unlawful. Hilliard was dealing with the High Court challenge, not issuing the original warrants. 10 1 40
significant error was made in the application for — and grant of — the search warrants
That description reaches both the request for authority and the court’s approval. This was not simply a dispute about how officers executed an otherwise valid warrant. But the reporting establishes neither deliberate deception nor criminal wrongdoing by officers, and does not settle why the wrong route was used. 53 1
Section 9(1) provides a prescribed route: “A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.” The requirement is to follow that procedure, not to obtain access through any available warrant. 60
That does not classify everything police took. No complete inventory or item-by-item statutory classification is available. Describing every seized document or device as confidential or legally privileged would go beyond the evidence. Legal privilege, excluded material and special procedure material are distinct terms, not interchangeable labels for sensitive records.
The searches covered Royal Lodge, Mountbatten-Windsor’s former Windsor home, and a residence on the Sandringham estate in Norfolk. The Independent’s 8 October report names Wood Farm; our earlier account carried Marsh Farm as a reported identification. Those are different names, and the precise Norfolk premises remain independently unsettled. Naming the estate and naming a residence on it are not inherently contradictory; the variations do not establish a third searched property. Our earlier Marsh Farm reference should not be treated as a confirmed address. 3 50 67
Possession is not permission to examine
Hilliard stressed that quashing the warrants neither ends the investigation nor makes the whole investigation unlawful. Police have already made a separate application, under a different statutory provision, to retain the seized property. Channel 4 also reports a request to retain and examine it. Mountbatten-Windsor opposes the application. Accounts describing that step as merely possible are less complete than reporting establishing it has been taken. 11 1 6
The documents and devices remain in police custody while that dispute continues. Physical possession does not itself settle permission to examine every item, use its contents in the investigation or rely on it in a future prosecution. The new application’s statutory basis has not been verified, and no final ruling on retention, examination or admissibility is established. A hearing or decision is expected in 2027; no exact date is confirmed. 10 1 3 42
CTV News reports that Mountbatten-Windsor’s lawyers seek to exclude search-derived evidence from any trial. That is an objective, not an exclusion order already made. Nor does this update establish damages, costs, an appeal or an automatic bar on prosecution. 7
Criminal barrister Chris Daw KC told Channel 4 that courts generally allow investigations to continue where police could properly have obtained a warrant, and that orders returning seized material are very rare. That is an assessment of legal practice—not a decision about these particular items. The unresolved court dispute matters more than a general prediction. 6
The 8 October hearing also addressed police efforts to restrict access to the court file. Legal chambers 5RB reports no restriction on court-file access. The precise operative terms, whether the application was withdrawn or dismissed, and any media organisations’ participation remain unestablished. The judge did not order the seized documents and devices made public: access to litigation papers and disclosure of police-held evidence are different questions. Mountbatten-Windsor did not attend. 44 4 50
Funding remains unidentified. Our 6 October report carried the Palace position that the King would not fund the action and that his private support for his brother should not pay for it. That dated position identifies no alternative payer. The original judicial-review permission date and the judge who granted permission also remain unestablished. 26 24
The central distinction is straightforward. Winning a challenge to an unlawful search is not exoneration. Continuing an investigation is not permission to disregard the safeguards governing its evidence. The old warrants have been resolved against police; lawful authority over what they still hold remains to be decided.
Sources
Current reporting: Guardian 1; ABC Australia 2; Independent 3; ABC Australia 4; SBS 5; Channel 4 6; CTV 7; BBC explainer 8; BBC Newscast 9; BBC court report 10; BBC July chronology 11.
Earlier coverage: SBS 12; BBC 13; Sky 14; ITV 15; Associated Press 16; NPR 17; Telegraph 18; The Brief 19; BBC 20; Belfast Telegraph 21; GB News 22; Al Jazeera 23; Telegraph 24; TheJournal.ie 25.
Earlier coverage continued: Guardian funding report 26; UK Pulse 27; LBC 28; CNN 29; Times 30; Forbes 31; Independent 32; Royal Central 33; ITV 34; Guardian 35; IBTimes UK 36 37; Newsweek 38; Brit Brief 39.
Court and follow-up reporting: High Court order 40; Police Professional 41; Standard 42; Independent 43; 5RB 44; Al Jazeera 45; Standard 46; ABC Australia 47; GB News 48; Belfast Telegraph 49; ITV 50; Mirror 51; Judiciary case page 52; Joshua Rozenberg 53; Washington Post 54; National 55; Independent 56.
As aired 19 lines
- On October 6, we reported Andrew's warrant challenge was pending. The court had already quashed them.
- Police still hold the documents and electronic devices seized from his homes, and their misconduct investigation continues. Whether investigators can lawfully keep and examine that material is now the court fight.
- Andrew Mountbatten-Windsor didn't attend the October 8 hearing at the Royal Courts of Justice. Mr Justice Nicholas Hilliard explained the warrant outcome publicly there. The court had made its decision months earlier, on July 22.
- The High Court acted in July, well before the October hearing. Thames Valley Police confirmed that timing in its October 8 statement. Our earlier statement that the challenge was still awaiting a ruling was wrong.
- The recorder of London issued the warrants at the Old Bailey on February 18. Police searched the homes and arrested Andrew the following day. He filed his court claim on May 18. The warrants were quashed July 22, before the October 8 explanation.
- Andrew was arrested on suspicion of misconduct in public office on his sixty-sixth birthday. Police questioned him for 11 hours and released him under investigation. Investigators are examining allegations that he shared sensitive information with convicted sex offender Jeffrey Epstein while serving as a UK trade envoy. Andrew denies wrongdoing.
- Royal Lodge, Andrew's former home in Windsor, is one of the two searched properties. The other was a residence on the Sandringham estate in Norfolk. The precise Norfolk residence needs care because two different farm names have been used.
- Wood Farm and Marsh Farm are different names. The exact residence hasn't been settled. Our earlier mention of Marsh Farm was a reported identification, and shouldn't be treated as a confirmed address.
- Police sought authority under sections eight and nine of the Police and Criminal Evidence Act. But the warrants were granted under section eight. Hilliard concluded that lawful warrants for these searches required section nine. Police and Andrew's side agreed the warrants were unlawful.
- Hilliard said a significant error had been made in both the application for the warrants and their grant. The failure reached back to the legal authority police obtained before entering the homes. It involved the application and the court's approval.
- Section nine requires police to follow a prescribed application procedure for material the law calls excluded material or special procedure material. It directs them to Schedule One of the Act. Investigators have to comply with that procedure to obtain access.
- Hilliard also said the investigation could continue. Thames Valley Police is still investigating the alleged misconduct. The successful warrant challenge resolves the authority for those searches. The allegation against Andrew still has to be investigated.
- Police still have the documentary records and electronic devices taken from the homes. They've already made a separate application to retain that property under a different legal provision. Andrew opposes it, so the next dispute concerns material investigators already possess.
- Keeping the items, examining their contents and using those contents as evidence involve further legal questions. Police custody alone doesn't settle those questions. Andrew's lawyers are reportedly seeking to exclude evidence obtained in the searches from any future trial. The court hasn't decided that request.
- Criminal barrister Chris Daw says courts generally allow investigations to continue when police could properly have obtained a warrant. He also says orders returning seized material are very rare. That's his assessment of legal practice. The court must decide what happens to these particular items.
- The October 8 hearing also dealt with police efforts to restrict access to the court file. The outcome was reportedly no restriction on access. The judge didn't order the documents and devices seized from Andrew's homes to be made public.
- The court file contains papers from the legal proceedings. The seized documents and devices remain with police while the separate dispute continues. Andrew's judicial-review claim challenged the Central Criminal Court and the chief constable of Thames Valley Police.
- The Palace's position on October 6 was that the King wouldn't fund Andrew's legal action. It also said his private support for his brother shouldn't pay for it. That was the position carried in our earlier report. Nobody has identified who's paying for the litigation.
- The old warrants have been quashed. Police now need the court to resolve their authority over the material they hold. A hearing or decision on that separate dispute is expected in 2027. No exact date has been announced.
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