Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
The offence, dating back to 1783’s R v Bembridge, requires a ‘public officer acting as such’ who wilfully neglects or abuses their duty ‘to such a degree as to amount to an abuse of the public’s trust’, and ‘without reasonable excuse’. Parsons notes that emailing sensitive information could amount to misfeasance, and potentially even ‘fraud in office’ if dishonesty under the Ivey test were proved.
But conviction is far from certain. The prosecution would need to satisfy a jury ‘beyond reasonable doubt’ on each element of a ‘very uncertain’ offence now under review by the Law Commission.
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