header-logo header-logo

13 August 2021 / Nicholas Dobson
Issue: 7945 / Categories: Features , Public
printer mail-detail

Norman v The United Kingdom: a wilful neglect of duty?

54939
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll