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
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