London Daily

Focus on the big picture.
Saturday, Aug 22, 2026

Can Prince Andrew be forced to testify?

Can Prince Andrew be forced to testify?

Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.

The Duke of York said in a BBC interview in November that he did not see, or suspect, any suspicious behaviour when visiting the homes of his then friend.



But he said he was "willing to help any appropriate law enforcement agency". So what happens now?

Can Prince Andrew be forced to co-operate with an investigation in the US?
There are two broad types of legal "investigations" involved.

Firstly, the criminal investigation being conducted by the FBI into Jeffrey Epstein.

Secondly, investigations being undertaken by lawyers acting for accusers of Jeffrey Epstein who are seeking compensation in civil claims against his estate.

Prince Andrew is not under any legal obligation to assist the FBI or lawyers representing Epstein's accusers.

However, under something known as "Mutual Legal Assistance" (MLA), both prosecutors and the lawyers acting for Epstein's accusers can issue a formal request for the prince to give evidence (known as a deposition) in the UK.

In relation to the criminal investigation, this would take place at a magistrates' court, almost certainly Westminster Magistrates Court, where it is customarily done.

Prince Andrew would be sworn in and asked questions. The hearing would take place before a judge in private. However, he could exercise his right against self-incrimination and choose not to answer.

In relation to the civil claims, there is a similar process. Again, a formal letter of request must be issued under MLA. The High Court would then appoint an examiner - either an experienced barrister or a "master", a judge who deals with procedural matters before a trial.

Prince Andrew would be required to attend a place and answer questions on oath in a private hearing. Questions would be put by lawyers representing Epstein's accusers, and Prince Andrew would be entitled to legal representation. Again, he could exercise his right against self-incrimination and not answer.

In both the civil and criminal proceedings, Prince Andrew could seek to have any formal MLA request set aside before he is deposed, on the grounds that he has no relevant or material evidence to give.


Will 'depositions' happen?


If it happens, it is all some way off in the future. Statements by US prosecutor Geoffrey Berman and lawyers for Epstein's accusers are putting moral pressure on Prince Andrew to co-operate.

That co-operation could be provided by the prince informally by agreement. This is something that his lawyers are likely to be seriously considering now.

It is significant that neither US prosecutors nor lawyers for Epstein's accusers have yet issued MLA requests, so there is the opportunity for the prince to co-operate informally.


What if a subpoena is issued in the United States?


A subpoena is an order to compel someone to appear in court or to submit evidence.

If that happens, there is no obligation for Prince Andrew to go to the US and submit to the subpoena.

If he did travel to the US and there is an outstanding subpoena, he could in theory be arrested for contempt of court and taken to a court to answer questions.

It is obviously highly unlikely that he would be arrested. It would be more likely that he would simply be required to go to court and answer questions. Once in court the Prince could exercise his right against self-incrimination and refuse to answer questions.

Daniel Sternberg, a barrister specialising in extradition law at Temple Garden Chambers in London, said: "It is important to remember that Prince Andrew has not been charged with any offence in the US. The FBI is investigating whether he has material evidence that could assist in its criminal investigation of alleged sex trafficking.

"In the civil case brought by Epstein's victims, the close friendship between the Prince and Epstein means that the lawyers for Epstein's victims believe his evidence may be relevant to their claims.

"While there is no way to compel Prince Andrew to give evidence in the UK or the US in either the civil or criminal case, his failure to do so does not sit well with his previous public statements that he would help any appropriate law enforcement agency with its inquiries."

However the legal process develops, Prince Andrew's discomfort is likely to increase.

Newsletter

Related Articles

0:00
0:00
Close
The rise and fall of Hui Ka Yan, China’s richest man
Woke: Britain Considers Plain Packaging for Cigars as Specialist Shops Warn of Industry Collapse
Britain's Public-Service Productivity Remains Below 2019 as £80 Billion Output Gap Fuels WFH Debate
Mandelson Epstein Case in Jeopardy as U.S. Files Stay Out of Reach
Prince Harry and Six Others Ordered to Pay £9.5 Million After High Court Defeat
Bank of England Holds Interest Rate at 3.75% as Inflation and Energy Risks Persist
UK AI Security Tests Find Autonomous Agent Attempting Malicious Code Injection
UK Economy Grows 0.4% in Second Quarter Amid Global Pressures
UK Joins European Allies in Condemning Israeli Settlement Plans in West Bank E1 Area
Multiple People Killed in A66 Collision Near Middlesbrough Involving Police Vehicle
UK Government Holds First National Day for Victims and Survivors of Terrorism
UK Met Office Warns of Severe Autumn Storms as Strong El Niño Follows Historic Drought
Petrol Bombs Set Luxury Cars Alight Outside Birmingham Wedding as Police Hunt Three Men
Bitcoin Surges Toward $80,000 as Short Squeeze and ETF Inflows Ignite Crypto Rally
Prince Harry and Co-Claimants Ordered to Pay £9.5 Million Toward Daily Mail Publisher’s Legal Costs
Prince Harry and Meghan Markle Reportedly Plan Return to Britain With Their Children
UK Court Ruling Threatens Deportation Plans for Potential Trafficking Victims to Albania
Kemi Badenoch Presses UK Government for Decisions on Rosebank and Jackdaw Oil Fields
UK Foreign Affairs Committee Chair Calls for Ban on Goods from Occupied West Bank
Andy Burnham Government to Place Civil Servants Directly in English Mayoral Offices
Met Office Warns Major El Niño Could Bring Stormier, Wetter Autumn to UK
UK Economy Gains Unexpected Momentum Ahead of Andy Burnham Government’s First Budget
Twenty-Nine US States Take Meta to Trial Over Alleged Child Addiction on Instagram and Facebook
Former Scottish National Party Executive Peter Murrell Jailed for Five Years Over £400,000 Embezzlement
Moderna and Merck's Personalized Cancer Vaccine Succeeds in Historic Late-Stage Melanoma Trial
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Royal Navy to Accelerate DragonFire Laser Deployment Against Growing Drone Threat
Northern Ireland Approves Five Hundred Million Pound Belfast Harbour Expansion
Great British Railways Takes Full Control of Avanti West Coast as Rail Nationalisation Reaches Final Stage
UK AI Safety Institute Calls for Mandatory Security Audits of Advanced AI Models
Scotland Secures Three Billion Pounds for Floating Offshore Wind Hub in Aberdeen
Government Overrides Local Councils to Approve Green Belt Housing Across Southern England
UK and EU Move Toward Mutual Recognition of Food Standards to Ease Cross-Channel Trade
Government Plans Multibillion-Pound Private Healthcare Expansion to Cut NHS Surgical Backlogs
Bank of England Signals Faster Rate Cuts as Inflation Falls Below the Two Percent Target
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
Moderna Shares Surge After Positive Personalized Skin Cancer Trial Results
UK Markets Watch US National Debt Surpass Forty Trillion Dollars
UK Broadcasters Urge Government to Invest in Digital Participation and Broadband
CVC Capital Partners and Standard Life Launch Two Billion Pound Pension Risk Transfer Venture
UK Private Sector Productivity Growth Accelerates in Second Quarter
UK Foreign Secretary Ed Miliband Condemns Israeli E1 Settlement Tender
UK Watchdog Investigates Trainline, Virgin Atlantic and RED Driving School Over Hidden Fees
Prince Harry and Meghan Markle Plan Move to Private Home Outside London
×