What is misconduct in public office? | UK News
Andrew Mountbatten-Windsor and Peter Mandelson were both arrested on suspicion of misconduct in public office – but what is the offence? Misconduct in public office refers to “serious wilful abuse or neglect” of powers relating to the role in public office, according to the Crown Prosecution Service (CPS). It states there must be a direct link between the misconduct and an abuse of those powers or responsibilities without reasonable excuse or justification. Andrew and Lord Mandelson have consistently denied any wrongdoing. Andrew was released under investigation after around 11 hours in custody on Thursday. Lord Mandelson was released on bail on Tuesday morning pending further investigation. An ‘unusual’ offence Joshua Rozenberg, a legal commentator, told Sky News that it is an “unusual” offence “because it’s one created by the judges, laid down by the courts over many years” – instead of statute, also known as a common law offence. He said: “For that reason, there isn’t actually a maximum penalty at all. It’s life imprisonment because parliament has never actually set a maximum.” You need …








