皇冠体育app

皇冠体育app Law Commission published reforms to outdated and unclear laws governing misconduct in public office on 4 December 2020. 皇冠体育app reforms would introduce two new statutory offences to replace the ancient common law offence, provide greater clarity, and target the most serious forms of misconduct in public office.

皇冠体育appre has been an increase in the number of prosecutions for misconduct in public office in recent years, rising from single figures in the early 2000s to averaging more than 80 per year since 2006. In 2018 (the last available figures), there were 95 prosecutions.

皇冠体育app current common law offence of misconduct in public office has existed for hundreds of years. However, as the number of prosecutions has risen in recent decades, so have the calls to reform the law. 皇冠体育app most commonly expressed concern is that the offence lacks clarity and precision. This creates the potential for misuse and injustice, and risks it being used as a 鈥渃atch all鈥� offence, in place of more targeted statutory offences.

皇冠体育app Law Commission鈥檚 recommendations, if enacted, would:

• Replace the outdated and confusing misconduct in public office offence with two offences 鈥� an offence of corruption in public office, and an offence of breach of duty in public office. 皇冠体育appse new offences would make the law clearer and easier to follow.
• Focus the criminal law on the worst forms of misconduct, leaving space for other consequences such as disciplinary proceedings in less serious cases.
• Set out a list of positions that constitute 鈥減ublic office鈥� for the offences. With the line between public and private sectors sometimes blurred, this will provide greater clarity and certainty as to the positions covered by the offences.
• Require the consent of the Director of Public Prosecutions for the prosecution of the offences, to ensure that the right cases are prosecuted, and to prevent vexatious private prosecutions.

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