header-logo header-logo

Home Login E-newsletter About us
17 March 2021 / Simon Parsons
Issue: 7925 / Categories: Features , Public , Criminal
printer mail-detail

Revisiting misconduct in public office

© Copyright LexisNexis 2026. All Rights Reserved.
42772
Simon Parsons examines the Law Commission’s analysis of the current law & puts forward the case for reform
  • The history and case law surrounding the criminal offence of misconduct in public office.
  • Breaking down the current elements of the offence, and setting out the case for its reform.

On 4 December 2020, the Law Commission issued its final report into misconduct in public office (Law Com no 397). Its publication had been delayed for some time because of the complexity of the subject matter and funding issues. In the report, the Law Commission recommends the repeal of the current common law offence and its replacement with two more precise and targeted statutory offences. The aim of the report is to strike the correct balance between applying a criminal sanction for the most serious forms of misconduct by public officer holders for the purposes of punishment and deterrence, while leaving space for civil and disciplinary penalties for cases that do not warrant a criminal sanction. The offence was only occasionally

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

Read All
Sponsored by
Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Read All
‘Joe Donor’ parentage declaration is rejected
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
Class action overhaul?
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
Fallout escalates from collapsed firm
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
Technology push to assist in capture of fraudsters & fakers
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Business healthy for legal services
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
Copyright © 2026 LexisNexis
back-to-top-scroll