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13 February 2026 / David Locke
Issue: 8149 / Categories: Opinion , Public
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Prosecuting a good story?

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David Locke on Lord Mandelson, the Epstein files & the court of popular opinion

As the drip-feed release of the Epstein files continues, it is intriguing that there is so much ‘collateral damage’ but little insight as to what offences may have been committed.

Documents released last week included communications between Epstein and Lord Peter Mandelson, with the former suggesting in one email that Mandelson was happy to receive the benefits of their relationship but was not offering much in return. However, the news also reported that Mandelson, while holding senior ministerial office, may have provided Epstein with documentation in relation to policy discussions and market-relevant information, prompting cries of misconduct in public office and predictions of criminal culpability and long jail sentences.

Misconduct in public office

The offence of misconduct in public office is not designed to criminalise politicians’ administrative failings, political misjudgements or breaches of ethical codes. That is just as well, some might say, otherwise the business of government might have to be conducted from Strangeways. The offence

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NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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