Status: We will commence work on this project early in 2014. We aim to open a consultation in early 2015 and produce our final report in summer 2016
Misconduct in public office is a common law offence but there is no exhaustive definition. As a result the boundaries of the offence are uncertain and despite there being relatively few prosecutions each year a disproportionately high number of those cases are the subject of appeal. Areas of difficulty identified in recent appeals include the fact that the fault element of the offence varies according to the conduct that is the subject of prosecution and that there is uncertainty as regards the liability of private individuals who discharge public functions.
In 2010 the Committee on the Issue of Privilege (Police Searches on the Parliamentary Estate) recommended that the Law Commission revisit its 1997 proposal to create a statutory offence.
This project is most suitable for treatment by the Law Commission. It will involve the simplification, clarification and codification of a common law offence. It will also ensure that the law takes into account practices whereby traditionally public functions are discharged by private individuals and volunteers to ensure that the scope of the offence is neither over- nor under-inclusive.
