Andrew Mountbatten-Windsor was arrested on Thursday, Feb. 19, on suspicion of misconduct in public office

Prince Andrew, Duke of York attends Katharine, Duchess of Kent's Requiem Mass service on September 16, 2025 in London, England.

Ex-Prince Andrew in September 2025.Credit : Max Mumby/Indigo/Getty

The British government may take action to remove the former Prince Andrew from the line of succession to the throne following his arrest.

The government is considering introducing legislation to remove the ex-prince, Andrew Mountbatten-Windsor, from the line of royal succession, thus preventing him from ever becoming king, the BBC reported on Saturday, Feb. 21, two days after Andrew’s arrest on suspicion of misconduct in public office.

If the legislation is introduced, it will come after the police investigation into Andrew, 66, has concluded, according to the outlet.

Andrew currently remains in the line of succession despite losing his royal titles, honors and public role in 2025.

Andrew Mountbatten Windsor, younger brother of Britain's King Charles, formerly known as Prince Andrew, leaves Aylsham Police Station on a vehicle, on the day he was arrested on suspicion of misconduct in public office, after the U.S. Justice Department released more records tied to the late financier and convicted sex offender Jeffrey Epstein, in Aylsham, Britain, February 19, 2026.

Andrew Mountbatten-Windsor on the day of his arrest, Feb. 19, 2026.REUTERS/Phil Noble

As the second son of Queen Elizabeth, Andrew was second in the line of succession upon his birth, just behind his older brother, King Charles. As Charles, 77, welcomed children and grandchildren, Andrew was pushed down in the order, and is currently eighth behind Prince Harry’s two young children, Prince Archie and Princess Lilibet.

King Charles’ younger brother was arrested on Thursday, Feb. 19 — his 66th birthday — on suspicion of misconduct in public office. The former Duke of York was arrested at the home where he is currently staying on the Sandringham estate.

Police are investigating Andrew over an allegation that he shared confidential information with the late billionaire and convicted sex offender Jeffrey Epstein while acting as a trade envoy for the U.K., a position he held from 2001 to 2011.

The arrest came 10 days after a BBC report that authorities were investigating a claim that Andrew shared confidential documents with Epstein when he was in the position, which he assumed after retiring from the Royal Navy.

On the day of his brother’s arrest on Feb. 19, the King released a statement vowing that the palace would cooperate with police in the investigation. PEOPLE understands that Buckingham Palace was not informed of the arrest before it happened.

Andrew’s relationship with Epstein set his step back from public life in motion in November 2019, and he has consistently denied any wrongdoing in relation to the late financier. Epstein died by suicide in jail in 2019, as he was set to face federal sex trafficking charges.

Prince Andrew, Duke of York, attends the Sunday Service at the Royal Chapel of All Saints, Windsor, following the announcement on Friday April 9th of the death of Prince Philip, Duke of Edinburgh

Ex-Prince Andrew.Steve Parsons – WPA Pool/Getty

Removing Andrew from the line of succession would require an Act of Parliament, as well as the consent of the 14 Commonwealth realms where King Charles is monarch, according to the BBC. Downing Street previously said that it had no plans to introduce a law to change the line of succession, per the outlet.

While rare, it’s not unprecedented for a royal to lose their spot in the line of succession.

King Edward VIII lost his place in the line of succession when he abdicated the throne in 1936 and became the Duke of Windsor. Prince Michael of Kent was also removed from the line of succession when he married a Catholic in 1978, keeping with the Act of Settlement of 1701. However, Michael was reinstated with the 2013 Succession to the Crown Act.