Police and prosecutors have held talks over allegations that Andrew Mountbatten-Windsor leaked confidential reports to Jeffrey Epstein.
Documents in the latest release of the Epstein files appeared to suggest the former prince and Duke of York shared government information with the deceased sex offender when he was the UK's trade envoy.
Andrew has repeatedly denied any wrongdoing in relation to Epstein.
In a statement on Friday, Thames Valley Police said it has spoken with specialists from the Crown Prosecution Service (CPS) about allegations of misconduct in public office.
Assistant Chief Constable Oliver Wright said: "As part of this assessment, we have engaged in discussions with specialist crown prosecutors from the CPS."
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He added that at this phase, information is evaluated to determine whether a criminal offence is suspected and whether a full investigation is needed.
Stephen Parkinson, the director of public prosecutions, also said that the CPS is in "close contact" with both Thames Valley Police and the Metropolitan Police, "but we haven't been asked to give formal advice yet".
He added: "In complex and sensitive cases, the CPS and the police do work together, and I'm sure in the investigation that's been announced, we will do so.
"The position now is we have made contact and we won't be giving step-by-step updates about the investigation."
When asked about the common law offence of misconduct in a public office, Mr Parkinson said that "the law is quite clear".
"I don't think it would be difficult to give advice on that," he added. "As always, the issue when giving advice on criminal cases is about the application of the law."
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It comes after Buckingham Palace said it would support the police if contacted over the allegations about Andrew earlier this week.
The palace also said the King had "made clear, in words and through unprecedented actions, his profound concern" over the claims about his brother.
Meanwhile, on Friday, US attorney general Pam Bondi testified to the US Congress about the release of the Epstein files, and was asked by a Democrat why she has "not prosecuted former prince Andrew".
Ms Bondi responded to Ted Lieu, Democratic representative for California's 36th district, by asking why he did not ask the former attorney general under Joe Biden the same questions.
He said he did ask before accusing her of failing to hold anyone accountable, adding "shame on you".
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