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01 May 2026 / Alice Lepeuple
Issue: 8159 / Categories: Features , Public , Criminal
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Misconduct in public office: time for a reset?

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© Getty images

A surge of scandals has revived debate over misconduct in public office: Alice Lepeuple asks whether a more principled approach to the offence is needed

  • The common law offence of misconduct in public office is widely criticised as vague, overly broad and inconsistently applied—most often used against junior officials rather than senior decision-makers.
  • Proposed reforms under the Public Office (Accountability) Bill aim to replace it with clearer statutory offences and stronger duties of candour, with the goal of improving accountability, proportionality and public trust.

The centuries‑old common law offence of misconduct in public office (MIPO) has re‑entered the headlines in recent times. In February, Andrew Mountbatten‑Windsor and Peter Mandelson were both arrested on suspicion of MIPO and later released, in the context of investigations relating to the Epstein Files (see ‘Notes on two scandals’, NLJ, 13 March 2026, p21). In early March, Police Federation Chief Executive Mukund Krishna was arrested on suspicion of fraud by abuse of position, while retired Metropolitan Commander Karen Findlay was

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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