Dominic Casciani
Family and Law Correspondent

Yesterday, Thames Valley Police arrested Andrew Mountbatten-Windsor on suspicion of misconduct in a public office.

Cheating in public office is a very complex crime. This essentially boils down to an allegation that someone working on behalf of the British public did something seriously wrong, knowing it was wrong.

There are four “elements” or elements that police must focus on during an investigation so that later prosecutors can decide whether to charge someone.

First, police need to establish that the person they are investigating is a “public official” and that the incident in question is part of the official’s duties.

If they agree, detectives will look for evidence that the suspect “deliberately” neglected his duties or acted in some other way intentionally in the case in question. This redundant definition has long been a source of legal debate, but more on that later.

The next question is whether the acts they committed were so egregious as to amount to an “abuse of the public’s trust.”

Finally, if the evidence passes these three tests, police must examine whether the person being investigated acted “without reasonable excuse or justification.”

The last question is very important. It is a fundamental principle of criminal justice that those suspected of wrongdoing are given the opportunity to present their side of the story, and that begins with the police coming and knocking on the door.