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26 March 2021 / Simon Parsons
Issue: 7926 / Categories: Features , Public
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Revisiting misconduct in public office (Pt 2)

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Simon Parsons hails the Law Commission’s proposed reforms to the misconduct in public office offence
  • Reform proposals would give a clear distinction between public office offences and other offences such as manslaughter and theft/fraud.

In the first article on the Law Commission’s report ‘Misconduct in Public Office’ (Law Com no 397), it was noted that the Law Commission recommended that this common law offence should be abolished (see ‘Revisiting misconduct in public office’, NLJ, 19 March 2021). However, the report does not recommend abolition without replacement, because that would potentially encourage or facilitate corruption and dereliction of public duty which could undermine confidence in government and public services. In addition, there are five situations listed in the report where no other offence may be available, or would be inadequate to address the criminality (pp39–40, para 3.49); for example, the neglect of duty leading to serious harm, to individuals and to the public interest such as a child safety officer failing to perform basic checks leading to damaging

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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