The Crown Prosecution Service (CPS) has been criticized for not pursuing legal action against Andrew Mountbatten-Windsor a decade ago, despite receiving strong evidence, according to the attorney representing his accuser.

David Boies, who advocated for Virginia Giuffre, described the 2016 decision by the CPS and the Metropolitan Police as “clearly erroneous.”

Boies asserted there was “substantial evidence” that Andrew had sexual relations with Ms. Giuffre in London in 2001, when she was 17 years old, after being brought there by the convicted sex offender Jeffrey Epstein.

At the time, the Metropolitan Police and the CPS concluded they were not the appropriate bodies to handle the case, as the majority of the alleged misconduct occurred outside of the UK.

Following the release of three million files on Epstein by the US Department of Justice, the Metropolitan Police has joined 11 other UK police forces in probing Epstein’s sex trafficking operations within Britain.

The remarks from Boies, a prominent US attorney, come shortly after Andrew’s arrest for alleged misconduct in a public office, involving the transfer of sensitive information to Epstein.

The former Prince was questioned for 11 hours on his 66th birthday before being released from a police station in Aylsham, Norfolk.

He has not been charged with sex offences so far but Ms Giuffre, who committed suicide last April at the age of 41, claimed she was loaned to Andrew by Epstein three times in 2001.

Virginia Giuffre’s lawyer said there was substantial evidence that Andrew had sex with Ms Giuffre in London in 2001 when she was 17

Virginia Giuffre pictured with attorneys David Boies (left) following a hearing in the Jeffrey Epstein case in 2019 

Andrew has always denied her claims and said in his 2019 interview with BBC’s Newsnight he never met Ms Giuffre.

However in 2022 he settled a battery case she brought against him in a US court for a reported £10million.

In an exclusive interview, Mr Boies said that in 2016 he and his team spoke to American prosecutors after filing a defamation lawsuit in New York against Epstein’s ‘madam’ Ghislaine Maxwell.

According to Mr Boies, the US prosecutors relayed the claims against Andrew to their British counterparts but he ‘didn’t get any response’.

Instead, in November 2016, the Metropolitan Police and the Crown Prosecution Service issued a joint statement saying no further action could be taken because the allegations were largely focused on conduct outside the UK.

The Metropolitan Police said it was ‘not the appropriate authority’ and so would not be taking any further action.

Mr Boies called that decision not to investigate in 2016 ‘clearly erroneous’.

He said: ‘There was photographic evidence: the photograph of Andrew and Virginia in Maxwell’s (London) house, that was published in 2011.

‘The idea that they didn’t know it was happening in the UK is not sustainable.

‘Prosecutors generally have failed to pursue sex trafficking even when the evidence of it was presented and even when much of the evidence was public.’

Andrew Mountbatten-Windsor kneeling over a woman lying on the floor in an image released by the Justice Department on January 30

Andrew Mountbatten-Windsor was arrested and spent 11 hours in police custody before being released under investigation on Thursday

Mr Boies said that even back in 2016 the evidence that Andrew had sex with trafficked women was compelling and there was ‘no significant room for doubt’ that Ms Giuffre was loaned to him by Epstein.

He said: ‘There’s substantial evidence based on Andrew’s presence at Epstein’s various residences, his interactions not just with Virginia but other victims as well that Andrew certainly should have known what was going on.’

Mr Boies praised King Charles and said that he had imposed ‘ever greater sanctions’ on his brother as the allegations against him grew more serious.

The blame did not lay with the Royal Family, as Mr Boies saw it, because Andrew was telling them the same lies he was telling the public.

Mr Boies said: ‘Everything I’ve heard…was Andrew was saying the same thing to his mother and brother and other people as he was saying publicly: “I didn’t do it, this is extortion, I’m innocent.”‘

Since Andrew’s arrest, his ex-wife Sarah Ferguson has not been seen publicly and Mr Boies said it was time for her to return to the UK and face the music.

But now she ‘absolutely’ had to go back to the UK and speak to the police because she was an ‘important’ witness, Mr Boies said.

He said: ‘The circumstances under which she gives her evidence I think can depend on what her exposure is but everybody (with evidence) ought to give it.’

Sky and Amanda Roberts, brother and sister-in-law of Virginia Giuffre, pictured following the release of the Epstein Files

Mr Boies worked with Ms Giuffre for several years through a series of bitter legal cases with Epstein, Maxwell and other powerful men.

The mother-of-three committed suicide last year at the age of 41.

Her not being alive to see Andrew arrested is ‘very, very sad’, Mr Boies said.

He said: ‘Had it not been for Virginia I would have never been involved. If it had not been for her we wouldn’t have had cases against Maxwell then Epstein that built an evidentiary record that helped with the prosecution in the US.

‘Had it not been for Virginia the focus would never have been on Andrew. She was the one that first outed him, she was the person who persisted year after year enduring enormous abuse and attacks from Epstein and his cohorts.

‘If it had not been for her the lawsuit against Andrew would never have been filed, and this thing could have easily died. She was a woman of enormous courage, commitment and I think not to have her alive when people are even partially being held to account is very sad’.  

As for Andrew, Mr Boies said that ‘if he doesn’t get it now, he never will’.

He said: ‘This might be enough of a shock to get him to understand he is not above the law.’

Mr Boies said the fact Virginia was not alive for Andrew’s arrest was ‘very, very sad’

In its statement issued on Friday, the Metropolitan Police said that it was ‘assessing’ the Epstein Files released by the DOJ.

In addition, the force is ‘actively seeking further detail from law enforcement partners, including those in the United States’, the statement said.

The statement said: ‘While we are aware of the extensive media reporting and commentary about this matter, as of today, no new criminal allegations have been made to the Met regarding sexual offences said to have occurred within our jurisdiction. We continue to urge anyone with new or relevant information to come forward. All allegations will be taken seriously and, as with any matter, any information received will be assessed and investigated where appropriate.’

Ella Marriott, central specialist crime commander at the Metropolitan Police, added: ‘Our thoughts will always be with Ms Giuffre’s family and friends following her death.

‘In 2015, the Metropolitan Police Service (MPS) received allegations relating to non-recent trafficking for sexual exploitation involving Jeffrey Epstein and Ghislaine Maxwell. These allegations primarily concerned events outside the United Kingdom, with one allegation of trafficking to central London in March 2001.

‘Officers assessed all available evidence at the time, interviewed the complainant, Ms Virginia Giuffre as well as contacting several other potential victims. This did not result in any allegation of criminal conduct against any UK-based nationals. 

‘The MPS sought advice from the Crown Prosecution Service (CPS) and liaised with United States authorities, who were leading investigations into related matters involving US nationals.

‘Following this legal advice, it was clear that any investigation into human trafficking would be largely focused on activities outside the UK and perpetrators based overseas. 

‘Officers therefore concluded, in consultation with the CPS, that other international authorities were best placed to progress these allegations. 

‘Officers maintained close liaison with the United States and other relevant authorities throughout their investigation to ensure any UK matters could be identified and to consider any support requested.

‘A decision was made in November 2016 not to proceed to a full criminal investigation. That decision was reviewed in August 2019 and again in 2021 and 2022; in each instance, the position remained unchanged, and Ms Giuffre and her legal representative were informed.

‘Following recent reporting suggesting that Mr Andrew Mountbatten-Windsor asked his Met Police Close Protection Officer to carry out checks on Ms Giuffre in 2011, the MPS has carried out a further assessment. This assessment has not revealed any additional evidence of criminal acts or misconduct.

‘The Met remains committed to thoroughly assessing any new information that could assist in this matter. To date, we have not received any additional evidence that would support reopening the investigation. 

‘In the absence of any further information, we will be taking no further action. As with any other matter, should new and relevant information be brought to our attention, including in any information resulting from the release of material in the US, we will assess it.’

The Daily Mail has contacted the CPS for comment. Andrew and Sarah Ferguson have both been approached for comment.