Misconduct in public office: how the offence works

The arrests of Peter Mandelson and Andrew Mountbatten-Windsor have shone a spotlight on the centuries-old common-law offence of misconduct in public office. Neither man has yet been charged, and both deny wrongdoing, but should police investigations proceed to prosecution, this vague and complex offence could be challenging for lawyers to prove.

“Securing a conviction for misconduct in public office is a notoriously difficult task,” said The Telegraph. There are fewer than 50 convictions...