header-logo header-logo

17 March 2021 / Simon Parsons
Issue: 7925 / Categories: Features , Public , Criminal
printer mail-detail

Revisiting misconduct in public office

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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll