Misconduct in Public Office

by Little D Wed Jun 21, 2017 8:14 pm

Misconduct in Public Office

https://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/

Principle

Scope of the offence

Misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment. It is an offence confined to those who are public office holders and is committed when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office.

The Court of Appeal has made it clear that the offence should be strictly confined. It can raise complex and sometimes sensitive issues. Prosecutors should therefore consider seeking the advice of the Principal Legal Advisor to resolve any uncertainty as to whether it would be appropriate to bring a prosecution for such an offence.

by Little D Sun Aug 20, 2017 11:42 pm

Misconduct in public office := http://researchbriefings.files.parliament.uk/documents/SN04909/SN04909.pdf

Archive copy := https://web.archive.org/web/20170820223815/http://researchbriefings.files.parliament.uk/documents/SN04909/SN04909.pdf

This Note briefly sets out the history of the common law offence of ‘misconduct in public
office’. It looks at recent use of the offence in prosecutions and considers proposals to place
the offence on a statutory footing.

Misconduct in Public Office Issues Paper 1: The Current Law := http://lawcom.gov.uk/app/uploads/2016/01/misconduct_in_public_office_issues-1.pdf

Archive copy := https://web.archive.org/web/20170820223953/http://lawcom.gov.uk/app/uploads/2016/01/misconduct_in_public_office_issues-1.pdf

Standards of Conduct in Local Government := https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336865/3rdInquiry_summary.pdf

Archive copy := https://web.archive.org/web/20170820224101/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336865/3rdInquiry_summary.pdf

Misconduct in Public Office

Misconduct in Public Office

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