Andrew Mountbatten-Windsor and Thames Valley Police agreed warrants to raid two properties were unlawful

A High Court judge has said Andrew Mountbatten-Windsor and Thames Valley Police have agreed the search warrants that allowed officers to raid two of his properties earlier this year were unlawful.

But the criminal investigation into the former Duke of York is ongoing, while further legal proceedings will decide whether police can keep hold of evidence seized during the searches.

The former prince launched a legal challenge to quash the warrants - issued by an Old Bailey judge on 18 February last year - which allowed police to raid Andrew's residence on the Sandringham estate and his former Windsor home, Royal Lodge.

Andrew was arrested the following day, on his 66th birthday, on suspicion of misconduct in public office following allegations he shared sensitive information with Jeffrey Epstein during his time as the UK's trade envoy.

At a hearing at the Royal Courts of Justice on Thursday, which Andrew did not attend, Mr Justice Hilliard said that "agreement was reached between the claimant and Thames Valley Police that the search warrants were unlawful".

But the judge also 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".

A TVP spokesperson said the agreement that led to the quashing of the warrants "relates specifically to a decision made by the court regarding the legal basis for these and is not a judgement on our ongoing investigation".

"Legal proceedings are currently ongoing to decide how material seized during the searches will be managed and whether we can lawfully retain it in support of our ongoing investigation," they said.

"Our investigation into alleged misconduct in public office by a man in his 60s from Norfolk remains ongoing, and we continue to pursue all reasonable lines of enquiry to effectively and fairly progress this investigation."

Andrew, who now lives on the King's private Sandringham estate in Norfolk, was interviewed under caution on February 19 before being released under investigation.

Police began their searches of the properties on the same day, with the force confirming on 24 February they had ended.

Mr Justice Hilliard said in Thursday's ruling officers "took possession of documentary material and electronic devices".

He said the Crown Court judge who granted the search warrants had done so on the basis that the items wanted were not subject to legal privilege or which amounted to special procedure material.

This includes "material which is in possession of a person who acquired it or created it in the court of any trade, business, profession or other occupation or for the purpose of any paid or unpaid public office, and who holds it subject to an express or implied undertaking to hold it in confidence," the High Court judge said.

But he said shortly after proceedings were issued, police conceded "the judge could not properly have been satisfied there were grounds for believing the material searched for did not include items subject to legal privilege or special procedure material, because the search for this material was especially envisaged in the application for search warrants and inherent in respect of the allegation".

The judge also said that police made an application in June to allow them to retain evidence obtained through the searches, even though the search warrants were unlawful.

He said Andrew opposes the bid to retain the evidence, with a hearing in the case to be held in private in 2027.

Thursday's hearing had been expected to deal with a bid by police to restrict access to documents in the legal claim, but Mr Justice Hilliard said that on Wednesday afternoon police indicated that they no longer pursued the matter.

Charles stripped his brother of both his right to be a prince and his dukedom late last year over his association with convicted sex offender Epstein.

Andrew receives an annual stipend - the amount of which has not been disclosed - provided by the King from his private funds, but a palace source said on Monday it has been made clear that these monies should not be used to fund the judicial review.

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