Royal experts say authorities likely interested in speaking with Duchess of York despite no arrest warrant issued following Andrew's Epstein-linked arrest
Video Former Countess Luann de Lesseps tells Sarah Ferguson how to survive Epstein scandal The "Real Housewives of New York City" alum offers empathy and advice to Sarah Ferguson, the Duchess of York, as she navigates her own public turmoil.
Sarah Ferguson, the Duchess of York, could face renewed scrutiny when she returns to the United Kingdom following the arrest of her ex-husband, former Prince Andrew, according to royal experts.
The former prince, now known as Andrew Mountbatten-Windsor, 66, was arrested Feb. 19 on suspicion of misconduct in public office as part of an inquiry linked to his ties with the late convicted sex offender Jeffrey Epstein. He was released after 11 hours, has not been charged and denies any wrongdoing.
Meanwhile, the 66-year-old Duchess of York has kept a low profile in recent months and her current whereabouts remain unknown. The U.K.’s DailyMail reported that Ferguson was last seen leaving Royal Lodge, Andrew’s former 30-room mansion, in September. Although they divorced in 1996, the pair continued living on the property.
According to People magazine, the duchess reportedly planned to spend a few months overseas — leading royal watchers to speculate over what could await her upon a return to Britain.
While Ferguson has not been accused of any wrongdoing and no arrest warrant has been issued, legal and royal experts told Fox News Digital that her homecoming could still draw fresh attention to her own past ties to Epstein and raise new questions about whether authorities may seek her cooperation as a witness.
Sarah Gerguson and the former Prince Andrew. ( Max Cisotti/Dave Benett/Getty Images;Chris Jackson/Getty Images)
Simarjot Singh Judge, managing partner at Judge Law, said there was little basis for assuming any immediate action by authorities if Ferguson were to return to the U.K. "If there is no arrest warrant, bail condition, or active requirement to attend an interview, the most likely ‘first thing’ is simply that nothing happens at the border beyond standard entry checks," he explained.
"In the U.K., an arrest generally requires reasonable suspicion of an offense and is typically carried out by police when necessary and proportionate," Judge continued. "If police wanted to speak to her, the usual starting point would be contact via lawyers to request a voluntary interview or statement — especially for high-profile cases."
"Most legal analysts believe upon her return to the U.K., it would be highly likely she’d be contacted and interviewed as a key relevant witness by either prosecutors or police but currently there isn’t any arrest warrant." — Hilary Fordwich
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Judge also urged caution regarding online chatter about a possible arrest and weighed in on any potential legal hurdles that Ferguson could face.
Ferguson and Andrew divorced in 1996 but continued to live together at the Royal Lodge. (Samir Hussein / WireImage)
"Treat ‘arrest rumors’ cautiously unless they’re backed by credible reporting of a warrant, charge, or formal request," he said. "At the moment, reputable coverage is focused on the wider fallout from the Epstein-linked revelations and on Andrew’s situation, not on any formal allegation against Sarah Ferguson."
"Practically, the hurdles, if any, would depend on whether authorities consider her a witness, a person of interest, or neither," Judge added. "Without a warrant or formal process, there’s no automatic legal ‘trap door’ upon arrival."
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However, royal expert Hilary Fordwich told Fox News Digital that it was widely believed authorities would be interested in speaking with Ferguson upon her return to the U.K. despite the lack of an arrest warrant.
"While I’m not a lawyer, most legal analysts believe upon her return to the U.K., it would be highly likely she’d be contacted and interviewed as a key relevant witness by either prosecutors or police, but currently there isn’t any arrest warrant and to date she has not been referred to as a suspect," Fordwich said. "This though, as we saw with both Andrew and Mandelson, could change at any minute."
Andrew was arrested on suspicion of misconduct in public office during an inquiry linked to his ties with Jeffrey Epstein. (Max Mumby/Indigo/Getty Images; Rick Friedman/Rick Friedman Photography/Corbis via Getty Images)
Days after Andrew's arrest, British police arrested former U.K. Ambassador to the U.S. Peter Mandelson on suspicion of misconduct in public office related to allegations he improperly shared sensitive government information with Epstein. He was later released on bail pending further investigation and has not been charged.
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Judge shared his opinion on the likelihood that authorities would question Ferguson and whether her potential cooperation would be advantageous for her.
Andrew was released from custody hours after his arrest on Feb. 19. (Reuters)
"If authorities believe she has relevant information — communications, introductions, timelines, financial context — she could be useful as a witness," he said.
