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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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NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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