Because it’s a civil case, not a criminal one, the prince cannot be extradited to the US.
What are the accusations?
Since the Epstein scandal broke in 2019 and the famous BBC interview took place with Prince Andrew, there have been several discussions over whether Prince Andrew committed any crime and if he did, whether he would face time. Of course, Prince Andrew has always vehemently denied these allegations.
In August 2021 Virginia Guiffre filed a lawsuit against Prince Andrew in federal court in New York, accusing him of sexually abusing her when she was under 18. Crucially, the suit is a civil claim.
Does prince Andrew currently face extradition?
Prince Andrew may face a civil ruling against him, and, specifically, a civil ruling in his absence if he fails to respond to the lawsuit. However, there is no chance Prince Andrew will face an extradition request in relation to the civil case, given that it is a civil and not criminal case. You cannot face extradition for a civil case (even if a contempt of Court issue were to arise in the civil proceedings, this is not an offence for which extradition can be sought). Finally, were a Judgment debt brought against him in the US through the civil case this would need to be enforced via a UK Court.
Strategically speaking, it will be interesting to see whether Prince Andrew will engage with the civil case in any substantive capacity. The threshold for which accusations must be proved is much lower in a civil context. For that reason, putting evidence or arguments forward in an arena where that evidence will be judged on a balance of probabilities (the civil standard) would potentially be ill-advised. It could be argued that it would be prudent for Prince Andrew to enter into any potential criminal or extradition proceedings having not previously explained his strongest defences in a civil context. The last thing Prince Andrew would want would be there to be the possibility for a judge sitting in the criminal context to already have a judgement (civil or otherwise) against the arguments he planned to put forward in any criminal context (were it to arise). On the other hand, were Prince Andrew to win any civil case, it would potentially be hard for the US authorities to then pursue a criminal case given that it would require a higher standard of proof (potentially in relation to allegations that had already been disproved at a civil standard). However, this would ultimately depend on the specific factual nexus in issue in each proceedings (i.e. are they exactly the same).
Whether an indictment or criminal charges will follow against Prince Andrew remains a decision for US law authorities. For the time being however, Prince Andrew is not subject to extradition.
Finally, in terms of whether a prosecution could be brought in the UK, it should also be noted at this stage that on 11 October 2021 the Metropolitan Police decided to take no further action on the allegations against Prince Andrew in the UK.
Would there be Immunity in the event of an extradition request?
Should an extradition request be issued in Prince Andrew’s name, he would, on the face of it, be immune under the State Immunity Act 1978. The only time the Act’s applicability has come into question has been in the context of war crimes, and even if Prince Andrew was found guilty of that which he is alleged, it would obviously not constitute a war crime.
How Gherson can assist
Gherson solicitors have specific expert experience in relation to extradition, white-collar crime and deferred prosecution agreements.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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