- Although the offence of misconduct in a public office could apply to Mandelson and Mountbatten-Windsor, proving it beyond reasonable doubt may be difficult.
The crime of misconduct in a public office is a common law offence with a maximum punishment of life imprisonment. Its history dates back to the 13th century. However, it is not necessary to look beyond R v Bembridge (1783) 3 Doug KB 327, where Lord Mansfield CJ’s judgment defined the crime as: ‘[A] man accepting an office of trust, concerning the public, especially if attended with profit, is answerable criminally to the King for misbehaviour in his office; this is true by whomever and in whatever way the officer is appointed.’
The phrase ‘misbehaviour in his office’ shows that this common law offence covers many kinds of misconduct and is difficult to precisely define and apply. The essence of the offence is where a person, having a public
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