header-logo header-logo

Home Login E-newsletter About us
17 March 2021 / Simon Parsons
Issue: 7925 / Categories: Features , Public , Criminal
printer mail-detail

Revisiting misconduct in public office

© Copyright LexisNexis 2026. All Rights Reserved.
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 prosecuted until a revival in prosecutions in the 21st century,

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

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll