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13 March 2026 / Simon Parsons
Issue: 8153 / Categories: Features , Profession , Public , Fraud
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Notes on two scandals

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Simon Parsons examines the cases of Andrew Mountbatten-Windsor & Peter Mandelson: do they pass the misconduct test?
  • 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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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

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Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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