header-logo header-logo

Home Login E-newsletter About us

Revisiting misconduct in public office

© Copyright LexisNexis 2025. All Rights Reserved.
17 March 2021 / Simon Parsons
Issue: 7925 / Categories: Features , Public , Criminal
printer mail-detail
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 prosecuted

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
DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Read All
NLJ this week: Pro bono power without the red tape
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
NLJ this week: Small firms call for tech clarity as AI looms
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
NLJ this week: Courts walk a tightrope on relocation & abuse
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
NLJ this week: Fraud claims climb as courts brace for AI threats
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
NLJ this week: AI boom collides with courtroom reality
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Copyright © 2025 LexisNexis
back-to-top-scroll