Despite recent criticism, the offence of Misconduct in Public Office can hold its own under rigorous judicial scrutiny, as Nicholas Dobson reports
- There was no violation of Arts 7 or 10 of the European Convention on Human Rights when a prison officer was convicted and sentenced for providing prison information to the press in return for payment.
What is the role of a prison officer? Does it involve or allow passing on to the press for payment information obtained in the course of the officer’s duties? Er, no. For, according to the government, a prison officer is ‘responsible for supervising and managing prisoners decently, lawfully, safely and securely, ensuring that the routines of the prison operate effectively’. And to assist with this, s 8 of the Prison Act 1952 provides that: ‘Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable.’
According to Keene J in the High Court in Secretary of State for the Home Department v Barnes (The Times, 19 December, 1994)
