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13 August 2021 / Nicholas Dobson
Issue: 7945 / Categories: Features , Public
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Norman v The United Kingdom: a wilful neglect of duty?

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Despite recent criticism, the offence of Misconduct in Public Office can hold its own under rigorous judicial scrutiny, as Nicholas Dobson reports
  • There was no violation of Arts 7 or 10 of the European Convention on Human Rights when a prison officer was convicted and sentenced for providing prison information to the press in return for payment.

What is the role of a prison officer? Does it involve or allow passing on to the press for payment information obtained in the course of the officer’s duties? Er, no. For, according to the government, a prison officer is ‘responsible for supervising and managing prisoners decently, lawfully, safely and securely, ensuring that the routines of the prison operate effectively’. And to assist with this, s 8 of the Prison Act 1952 provides that: ‘Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable.’

According to Keene J in the High Court in Secretary of State for the Home Department

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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