The Crown Prosecution Service defines Misconduct in public office as follows:
The elements of misconduct in public office are:
a) A public officer acting as such.
b) Wilfully neglects to perform his duty and/or wilfully misconducts himself.
c) To such a degree as to amount to an abuse of the public's trust in the office holder.
d) Without reasonable excuse or justification
It continues, to define the Charging Practice:
Like perverting the course of justice, misconduct in public office covers a wide range of conduct. It should always be remembered that it is a very serious, indictable only offence* carrying a maximum sentence of life imprisonment. A charge of misconduct in public office should be reserved for cases of serious misconduct or deliberate failure to perform a duty which is likely to injure the public interest.
* an "indictable only offence" may only be tried in the Crown Court.
The day will come.
.
© copyright Crown Prosecution Service. Reproduced under fair use for the dual purposes of comment and news reporting
.
No comments:
Post a Comment