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Misconduct in public office

Common law

A public officer, acting as such, wilfully neglecting their duty or wilfully misconducting themselves so seriously that it abuses the public's trust in the office, without reasonable excuse or justification.

Misconduct in public office · Common lawCard 174 / 195

Points to prove

A public officer
Acting as such
Wilfully neglected to perform their duty and/or wilfully misconducted themselves
To such a degree as to amount to an abuse of the public's trust in the office holder
Without reasonable excuse or justification

Key definitions

Public officer – there is no simple definition. Each case depends on the nature of the role, the duties carried out and the level of public trust involved. Police officers are public officers.
Acting as such – there must be a direct link between the misconduct and the powers or responsibilities of the office. Misconduct in someone’s purely private life is not enough.
Wilfully – deliberately doing something wrong, knowing it to be wrong, or with reckless indifference as to whether it is wrong (Attorney General’s Reference (No 3 of 2003) 2004).
Abuse of the public’s trust – there is a high bar of seriousness. Not every wilful neglect or misconduct is enough. It must be serious enough to deserve criminal punishment, judged in the light of the office and its responsibilities.

Good to know

For police officers, also consider the statutory offence of corrupt or other improper exercise of police powers and privileges under s.26 Criminal Justice and Courts Act 2015 (indictable only, maximum 14 years).
Common police examples include abusing the position for a sexual purpose and misusing police systems or information.
No statutory replacement yet: the Public Office (Accountability) Bill would abolish this common law offence and replace it with new statutory offences. On 2 November 2026 it was still before Parliament (House of Lords report stage) and had not been enacted.

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Misconduct in public office: questions people ask

What are the points to prove for misconduct in public office?

1. A public officer 2. Acting as such 3. Wilfully neglected to perform their duty and/or wilfully misconducted themselves 4. To such a degree as to amount to an abuse of the public's trust in the office holder 5. Without reasonable excuse or justification

What is the maximum sentence for misconduct in public office?

Life imprisonment.

Is misconduct in public office a summary, either-way or indictable offence?

Misconduct in public office is indictable only: it can only be tried in the Crown Court.

Is misconduct in public office a statutory offence?

No. Misconduct in public office is an offence at common law, defined by the courts rather than an Act of Parliament.

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