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Leadership Reports disagree4 publishers 3 min read Published Updated

One error in a warrant application leaves police fighting to keep the Mountbatten-Windsor evidence

Mr Justice Hilliard ruled one significant error in the warrant application made police searches of two Andrew Mountbatten-Windsor homes unlawful. The inquiry goes on while a private hearing in 2027 decides whether officers can keep what they took.

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Police face a private 2027 hearing to keep seized evidence Who the dispute over the unlawful search warrants reaches: the police, the court that issued them, the suspect's defence and the palace.

Police: a private 2027 hearing decides if they keep seized material. Issuing court: did not consider legal privilege or special procedure material. Defence: may have grounds to argue the material should not be used. Palace: his stipend may not fund his challenge.

Police face a private 2027 hearing to keep seized evidence
WhoHowKindClaim
Thames Valley PoliceHas launched a bid to keep seized material; a private hearing in 2027 will decide if it canconstraint6
Issuing courtIts judge did not consider whether seized items were legally privileged or special procedure materialexposure17
Mountbatten-Windsor's defenceMay have grounds to argue seized material should not be used if unfairness is incapable of remedycapability19
Buckingham PalaceThe stipend he gets from the king's private funds may not be used to pay for his challenge to the warrantsdecision21

What happened

  • Hilliard found that the judge who issued the warrants had not considered whether the items to be seized were covered by legal privilege or were special procedure material.
  • Thames Valley Police conceded in July that the warrants were improper and tried to keep the matter out of public view while its investigation continued.
  • After his arrest, Mountbatten-Windsor was questioned for 11 hours and released under investigation, so he has been neither charged nor exonerated.
  • Buckingham Palace has said the stipend he receives from the king's private funds may not be used to pay for his challenge to the warrants.

Why it matters

  • What doesn't add up contradiction The judge placed significant errors with both the force and the issuing court, while police say they followed correct process throughout, so who is responsible for the failure is disputed on the record.
  • What it limits constraint English courts test unlawfully obtained evidence for fairness, so the quashed warrants exclude nothing by themselves. The defence has to show unfairness that cannot be remedied.
  • What it costs cost The suspect stays uncharged and unexonerated for months more, and the force has to win a second proceeding before it can rely on evidence gathered in February.

The defect was in the first step, and everything after it depended on that step. According to The Independent's report of the hearing, the February warrant did not cover material gained or created in the course of a trade, profession or office and expected to be confidential [18]. Mr Justice Hilliard said the presence of such material was "inherent" in a misconduct in public office case, so the application was made in error [18]. The inquiry concerns whether a former UK trade envoy shared sensitive information with Jeffrey Epstein [9]. On the judge's reasoning, material of that kind was always going to be among what officers took [18]. He said a "significant error" in the application was "enough to render the warrants, the searches and the material seized unlawful" [1].

The record is split on who made the mistake. Hilliard said significant errors were made both by Thames Valley Police in applying for the warrants and by the judge who granted them, ABC News reported [2]. The force's statement after the ruling puts the fault on the court. "We accept the position that the initial court's decision to issue warrants under the specific piece of legislation used was incorrect and therefore these must be legally quashed," a spokesperson said [8]. "We ensured the court was presented with all the necessary information and paperwork to inform their decision, following the correct legal processes throughout," the spokesperson added [23].

Nick Vamos, a criminal lawyer, said it was "embarrassing" that police had made an error in a case this prominent [20]. "This should have gone under so many noses before it went to court that it's really amazing that they still managed to make a basic error," he told the BBC [20].

How far the error reaches is a separate question, and English law gives it a narrow answer. Mark Stephens, a lawyer not involved in the case, said the ruling "opens a door to Andrew Mountbatten-Windsor's lawyers to start to chisel away at some of the fruits of that unlawful warrant" [11]. He also set it against the American rule. "For example, in America, if you have the fruits of an unlawful warrant, then all that evidence is out. But that's not the case in the U.K., so we've got a few more rounds to go here," Stephens said [13]. Danielle Reece-Greenhalgh, a partner at Corker Binning, said: "The question of whether and how unlawfully obtained evidence can be used centres on whether its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it." [14] Hilliard himself said "the fact that the search warrants were quashed does not bring an investigation to an end, or mean that the whole of the investigation was unlawful" [3].

I think the main cost of the error is time. The warrants were executed on the day of the arrest, February 19 [7] [12]. The High Court formalised the agreement to quash them on July 22 [4], about five months later [22]. Hilliard has yet to rule under the provision that lets police retain unlawfully seized property for evidence [15].

Any organisation that runs a process like this one faces the same choice: spend time reviewing an authorising document before it is signed, or spend time in litigation after it fails. The concession in July settled the argument over the warrants [4]. It started a second one over the evidence, and Mountbatten-Windsor is opposing the force's bid to keep it [6].

What to watch

  • The private 2027 hearing on whether Thames Valley Police may retain the material seized at Sandringham and Royal Lodge.
  • A charging decision on misconduct in public office, and whether any case relies on material from the quashed searches.
  • Any defence application, if the case reaches trial, to exclude particular seized items on fairness grounds.

Clarity's read

What the record supports and how the coverage leans. The claims behind it follow.

Reality

Evidence80
Adoption
Not scored
Hype gap+10
Incentives45
Confidence75

Perspective Coverage

4 publishers
Builder
Builder 10%
Operator
Operator 75%
Investor
Investor 15%
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Ranked by verification strength, evidence, and original report placement.

  1. [1]

    Mr Justice Hilliard said a "significant error" was made in the application for the warrants and that was "enough to render the warrants, the searches and the material seized unlawful."

    Reported Supported Source: Mr Justice Hilliard, as reported by The IndependentView cited source
  2. [2]

    Justice Nicholas Hilliard said significant errors were made by Thames Valley Police in applying for search warrants and by a judge in granting them.

    Reported Supported Source: ABC News (wire story)View cited source
  3. [3]

    "the fact that the search warrants were quashed does not bring an investigation to an end, or mean that the whole of the investigation was unlawful."

    Reported Supported Source: Mr Justice Hilliard, as quoted by ABC NewsView cited source
  4. [4]

    An agreement was formalised by the High Court on July 22 to quash the warrants; the case was made public only in the past week.

    Reported Supported Source: ABC (Australia)View cited source
  5. [5]

    Police had conceded in July that the warrants were improper and had tried to keep the matter out of the public eye while the investigation continued, delaying its revelation.

    Reported Supported Source: ABC News (wire story)View cited source
  6. [6]

    Police have launched a bid to retain evidence gathered during the searches; Mountbatten-Windsor opposes it, and a second hearing will be held in private in 2027 to decide if the force can keep the seized material.

    Reported Supported Source: The IndependentView cited source
  7. [7]

    Mountbatten-Windsor was arrested Feb. 19 on suspicion of misconduct in public office and police searched two of his homes.

    Reported Supported Source: ABC News (wire story)View cited source
  8. [8]

    "We accept the position that the initial court's decision to issue warrants under the specific piece of legislation used was incorrect and therefore these must be legally quashed."

    Reported Supported Source: Thames Valley Police spokespersonView cited source
  9. [9]

    The investigation follows claims Mountbatten-Windsor shared sensitive information with Jeffrey Epstein during his time as the UK's trade envoy.

    Reported Supported Source: The IndependentView cited source
  10. [10]

    Police questioned Mountbatten-Windsor for 11 hours before releasing him under investigation, meaning he was neither charged nor exonerated.

    Reported Supported Source: ABC News (wire story)View cited source
  11. [11]

    Attorney Mark Stephens, who was not involved in the case, said the development "opens a door to Andrew Mountbatten-Windsor's lawyers to start to chisel away at some of the fruits of that unlawful warrant."

    Reported Supported Source: Mark StephensView cited source
  12. [12]

    The warrants were executed on Mountbatten-Windsor's 66th birthday in February, and he was arrested the same day.

    Reported Supported Source: ABC (Australia)View cited source
  13. [13]

    "For example, in America, if you have the fruits of an unlawful warrant, then all that evidence is out. But that's not the case in the U.K., so we've got a few more rounds to go here."

    Reported Supported Source: Mark StephensView cited source
  14. [14]

    "The question of whether and how unlawfully obtained evidence can be used centres on whether its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it."

    Reported Supported Source: Danielle Reece-Greenhalgh, partner at Corker BinningView cited source
  15. [15]

    Hilliard said he still needs to rule on whether to return Mountbatten-Windsor's property because there is a provision by which police can retain unlawfully seized property for evidence.

    Reported Supported Source: ABC News (wire story)View cited source
  16. [16]

    The former prince could remain in limbo for several more months before learning if he will be charged with an offence.

    Reported Supported Source: The IndependentView cited source
  17. [17]

    The judge said the warrants were unlawful because the judge who issued them had not considered whether items being seized were subject to legal privilege or another protection known as "special procedure material."

    Reported Supported Source: ABC News (wire story)View cited source
  18. [18]

    The court heard the February warrant did not cover material gained or created in the course of any trade, business, profession, or any paid or unpaid office, and expected to be confidential; Mr Justice Hilliard said the presence of such material was "inherent" in the nature of the misconduct in public office offence and therefore the application was made in error.

    Reported Supported Source: The Independent report of the hearingView cited source
  19. [19]

    "If the irregularity or unlawfulness goes hand in hand with some significant resulting unfairness which is incapable of remedy, Mr Mountbatten-Windsor may have grounds to argue that whatever material has been uncovered should not be used against him."

    Reported Supported Source: Danielle Reece-Greenhalgh, partner at Corker BinningView cited source
  20. [20]

    Criminal lawyer Nick Vamos said it was "embarrassing" police had made an error in such a high-profile case: "This should have gone under so many noses before it went to court that it's really amazing that they still managed to make a basic error," he told the BBC.

    Reported Supported Source: Nick Vamos, via ABC (Australia) citing the BBCView cited source
  21. [21]

    Mountbatten-Windsor receives a stipend from the king's private funds, but Buckingham Palace has made clear those funds may not be used to fund his effort to challenge the search warrants.

    Reported Supported Source: ABC News (wire story)View cited source
  22. [22]

    The High Court formalised the quashing about five months after the searches.

    Derived Supported
  23. [23]

    "We ensured the court was presented with all the necessary information and paperwork to inform their decision, following the correct legal processes throughout,"

    Reported Contested Source: Thames Valley Police spokespersonView cited source

Sources

4 independent publishers whose own reporting we read for this story.

  1. abc.net.au

    1 article · October 8, 2026

    Andrew Mountbatten-Windsor wins court battle over police search warrants - ABC News
  2. abcnews.com

    1 article · October 8, 2026

    Judge says search warrants used to seize property from ex-Prince Andrew were unlawful - ABC News
  3. independent.co.uk

    1 article · October 8, 2026

    Police raids on Andrew Mountbatten-Windsor’s royal properties were unlawful | The Independent
  4. scmp.com

    1 article · October 8, 2026

    UK police accept ex-prince Andrew search warrants must be ‘legally quashed’

Topics and entities

Topics

  • Jeffrey Epstein revelations
  • Misconduct in public office
  • Search warrants in English law

Entities

  • Nicholas Hilliard
  • High Court of England and Wales
  • Andrew Mountbatten-Windsor
  • Thames Valley Police
  • Jeffrey Epstein