Explainer: Misconduct in public office

Committing "misconduct in a public office" is a serious criminal offence punishable by a maximum sentence of life imprisonment. The offence involves a "public officer" acting in a way in which he "wilfully misconducts himself ... to such a degree as to amount to an abuse of the public's trust". In previous cases the judges have said this is a strict test, requiring conduct so far below acceptable standards as to amount to an abuse of the public's trust in the office holder.

The Crown Prosecution Service, which issued guidance on the offence last year, describes misconduct in public office as "a very serious [offence], indictable only".

Previous examples of the offence include police officers who were prosecuted for taking no action as a detainee died in their care, and a county court registrar who made a court order with the intention of gaining thousands of pounds for his personal use. Whether the conduct is sufficiently serious depends on the responsibilities of the public officer, the importance of their role and the circumstances of their departure from those responsibilities.

Anyone charged with the offence has a defence if they can show they had a reasonable excuse or justification, including that they were acting in the public interest.