Politics

Boris Johnson to appear in court over misconduct claims – live news


According to Crown Prosecution Service legal guidance, ‘misconduct in public office’ is committed when a public officer wilfully neglects to perform his duty and/or wilfully misconducts himself, to such a degree as to amount to an abuse of the public’s trust in the office holder, without reasonable excuse or justification.

The origin of the offence dates back to the 13th century, and it can carry a punishment of life imprisonment. The CPS cites the following examples of behaviour that have in the past fallen within the offence:

  • wilful excesses of official authority
  • ‘malicious’ exercises of official authority
  • wilful neglect of a public duty
  • intentional infliction of bodily harm, imprisonment, or other injury upon a person
  • frauds and deceits

2016 Law Commission report into the application of the offence found several problems with it, including that ‘public office’ lacks clear definition yet is a critical element of the offence, and that an ‘abuse of the public’s trust’ is also a crucial component, but is so legally vague that it is difficult for investigators, prosecutors and juries to apply. 



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