Offence of Misconduct in a Public Office (MiPO) replaced by two new offences
What this means
Offence MiPO is to be abolished and replaced by Seriously Improper Acts Offence and Breach of Duty to Prevent Death or Serious Injury Offence.
Elements of the Offence
- Serious Improperly Act Offence (replacing ‘wilful misconduct’ limb of MiPO)
- Use of office to obtain a benefit (for themselves or another) or to cause another to suffer a detriment
- Knowledge that the act is seriously improper
- Maximum sentence of 10 years imprisonment
- Breach of Duty to Prevent Death or Serious Injury Offence (replacing ‘wilful neglect’ limb of MiPO)
- the person is under a duty to prevent, or to prevent a risk of, another person suffering critical harm,
- the person knows, or ought to know, that they are under the duty,
- in breach of the duty, the person intentionally or recklessly causes, or creates a significant risk of causing, another person to suffer critical harm, and
- the act constituting the breach falls far below what could reasonably be expected of the person in the circumstances.
Implications
- Greater certainty as to who the offences apply to and conduct captured
- Does not widen the scope of the current common law offence
- Only actions taken in connection with their role as a public official are caught
- Penalty brought into line with other corruption type offences
- Director of Public Prosecutions must consent to prevent vexatious private prosecutions
Tel: 020 7628 7576
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This advisory is based on the current provisions of the Public Office (Accountability) Bill and associated guidance. Clients should seek specific legal advice on how these provisions may apply to their particular circumstances.