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ARTICLE · 03 MARCH 2026

Misconduct In Public Office: In The Spotlight

K&L Gates
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The recent police investigations into high-profile individuals, including Peter Mandelson and Andrew Mountbatten-Windsor, have centred around the offence of misconduct in public office.

United KingdomGovernment, Public Sector
Dylan G. Moses
Dylan G. Moses
Rosie Naylor
Rosie Naylor

Why Is This Offence Back in the Spotlight?

The recent police investigations into high-profile individuals, including Peter Mandelson and Andrew Mountbatten-Windsor, have centred around the offence of misconduct in public office. In this article we discuss the offence, its interplay with other offences and disciplinary processes, as well as the UK government's determination to broaden measures for accountability for those that hold positions in public office.

Understanding the Offence: What Happens?

There are numerous ingredients that must be demonstrated to prove that an offence of misconduct in a public office has been committed.

Misconduct in public office is a common law offence in England and Wales, developed through caselaw. The elements of the offence, as set out in Attorney General's Reference (No 3 of 2003) [2004] EWCA Crim 868, are as follows:

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