The fact that the Law Commission has made proposals for changes to the offence of misconduct in public office is obviously newsworthy. But, for two reasons, it should not be considered surprising.
For one, the proposals are the result of a lengthy and well-publicised consultation. There was always going to be something put forward by the commission after it had completed its in-depth review. Secondly, the offence of misconduct in public office has arguably been in need of reform for years. As the commission itself has said, the offence has for a long time been viewed as being poorly defined. The fact that the government, the Court of Appeal, commentators and academics have been critics of it is a clear indicator of its shortcomings—and the need for changes.
The need for reform
Misconduct in public office is a common law offence. For a successful prosecution, it must be shown that a public officer wilfully neglects to perform their duty and/or
