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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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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