London Daily

Focus on the big picture.
Sunday, Oct 18, 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
Competition and Markets Authority Launches Formal Inquiry Into Corporate Artificial Intelligence Partnerships
Automotive Industry Leaders Urge Westminster to Accelerate Electric Vehicle Charging Infrastructure Rollout
Home Office Expands Digital Border Security Framework With Mandatory Electronic Travel Authorizations Across United Kingdom
Northern Ireland Executive Reaches Final Consensus on Public Sector Pay Reform and Budget Allocations
Welsh First Minister Secures Additional Funding for Rural Agricultural Transition and Sustainable Farming Schemes
Scottish Government Unveils Accelerated Regional Infrastructure Strategy to Boost Clean Energy Manufacturing
National Health Service England Launches Emergency Recruitment Drive to Alleviate Severe Acute Care Winter Backlogs
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Reductions Amid Persistent Wage Growth
British Government Finalizes Emergency Energy Support Package to Protect Households From Winter Price Surges
Russell Brand Trial Begins at Southwark Crown Court
UK Parliament to Debate Climate Risks and Council Tax Following Public Petitions
Department for Transport Demands Safety Audits Following Regional Rail Disruptions
House of Lords Scrutinizes Amendments to Armed Forces Bill
Devolved Administrations in Scotland and Wales Criticize Post-Brexit Funding Framework
Prime Minister Andy Burnham Defends Middle East Military Support Under Parliamentary Scrutiny
NHS Leaders Warn of Severe Pressure on Hospitals from Winter Virus Outbreaks
Retailers and Business Groups Lobby Chancellor for Relief from Rising Employment Taxes
City of London Taskforce Urges Radical Reform to Prevent UK From Becoming "Incubator Nation"
Bank of England Officials Signal Potential November Interest Rate Hike
Institute for Fiscal Studies Warns of £35 Billion Funding Gap in Upcoming Autumn Budget
IMF Upgrades UK Growth Forecast to 1.3% for 2026
Former UUP leader Jeffrey Donaldson sentenced to 15 years in prison for historical child sex offences
UK ministers adopt independent commission blueprint to fast-track AI in the NHS
Labour leadership orders local councillors to end power-sharing deals with Green Party
UK government considers regulatory intervention in proposed Sky and ITV merger
Environment Agency declares severe drought across six English regions as reservoirs hit critical lows
NHS England issues new guidance prohibiting transgender women from female-only wards
Norwegian teenager sentenced to 20 years for part of Iran-backed assassination plot in Britain
UK government threatens complete visa ban on Eritrea over refusal to accept deportees
UK Treasury lobbies UBS to move global headquarters to London amid banking sector tax threats
MI5 Warns of Growing Russian Sabotage and Espionage Threats Across Britain
UK Prime Minister Andy Burnham Plans Brussels Talks to Renegotiate Post-Brexit Trade Deal
MI5 Warns of Rising Russian and Iranian Sabotage Threats to British Military Facilities
UK Prime Minister Andy Burnham Pledges Closer EU Ties as MI5 Reveals Russian Brexit Interference
UK Orders Security Review Following Reported Killing of Former Politician Ann Widdecombe
UK Prime Minister Andy Burnham Meets German Chancellor Merz to Strengthen European Security Ties
Nearly 100,000 NHS Patients Treated in Hospital Corridors as England Braces for Winter Pressures
UK Government Rejects US-Russia Diesel Agreement and Reaffirms Sanctions Against Moscow
UK and Germany Agree to Deepen Security and Economic Cooperation Following Berlin Talks
British Prime Minister Burnham Pledges Closer EU Ties During Visit to Germany
UK Announces New Sanctions on 17 Russia-Linked Entities During Foreign Secretary's Ukraine Visit
UK and Germany Finalize Kensington Treaty to Strengthen Defense and Technology Cooperation
Britain Maintains Diplomatic Mission in East Jerusalem Despite Israeli Closure Deadline
English Councils Push Government to Rethink Proposed Funding Cuts
Scottish Homebuilding Falls to Lowest Level in 11 Years
BBC Chief Matt Brittin Defends Restructuring as Staff Challenge Job Cuts
UK Finance Warns High Energy Costs and Bond Yields Are Complicating Fiscal Outlook
UK Adopts All 44 Recommendations on Regulating AI in Healthcare
Chancellor John Healey Prepares Autumn Budget as Borrowing Costs Strain Public Finances
UK Investigators See Strong Indications of Iranian Link After RAF Fairford Security Operation
×