Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog

‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’

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UK Human Rights Blog, 6th September 2021

Source: ukhumanrightsblog.com

Ex-police officer who sexually exploited domestic abuse victims sentenced – Crown Prosecution Service

‘A former police officer who used his position to groom and sexually exploit vulnerable women has been sentenced.’

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Crown Prosecution Service, 20th August 2021

Source: www.cps.gov.uk

Smitten prison officer helped inmate lover escape – BBC News

‘A former prison officer has been jailed for forming a relationship with an inmate and helping him escape.’

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BBC News, 10th August 2021

Source: www.bbc.co.uk

Three members of Stockwell Six cleared after nearly 50 years – The Guardian

‘Three innocent black men who were jailed nearly 50 years ago over a corrupt police officer’s claims they tried to rob him have had their convictions overturned by the court of appeal.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Family of murdered sisters considering suing Met police – The Guardian

‘The family of two sisters whose killer was this week convicted of their murders are considering suing the police over alleged failures to act when they were reported missing.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Dalian Atkinson killing: officer was kept on despite gross misconduct – The Guardian

‘The police officer convicted of the manslaughter of Dalian Atkinson had been previously found by a police disciplinary hearing to have committed gross misconduct but was allowed to remain an officer and given a stun gun, it has been revealed.’

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The Guardian, 28th June 2021

Source: www.theguardian.com

Hillsborough disaster: Police forces agree compensation money after cover-up – The Independent

‘Two police forces have agreed to pay damages to more than 600 people after a cover-up following the Hillsborough disaster, lawyers have said. The South Yorkshire and West Midlands forces agreed the settlement following a civil claim for misfeasance in a public office on behalf of 601 claimants, solicitors representing the victims said.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

Former Met officer who used position to aid criminal gang jailed – The Guardian

‘A former Metropolitan police officer who used his position to help a criminal gang seize money from other offenders has been jailed for eight years.’

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The Guardian, 13th May 2021

Source: www.theguardian.com

Businessman sues police for alleged misconduct after £1.6m in assets frozen – The Independent

Posted March 31st, 2021 in fraud, freezing injunctions, misfeasance in public office, news, police by tracey

‘An international businessman is suing a British police force for alleged misconduct in the handling of a case against him, in what has been described as one of the biggest legal actions of its kind in this country. Ildar Sharipov, the owner of an international currency business, began proceedings against Merseyside Police after £1.6m in his UK bank accounts was frozen in an investigation about the sales of two cars, a plane ticket to Nigeria and a number of investments.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Shukri Yahye-Abdi: Family sue police over girl’s river death – BBC News

‘The family of a 12-year-old girl who drowned in a river has launched legal action against the police force which investigated her death.’

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BBC News, 6th January 2021

Source: www.bbc.co.uk

Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer

‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Commission proposes block on ‘vexatious’ misconduct prosecutions – Law Society’s Gazette

‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’

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Law Society's Gazette, 4th December 2020

Source: www.lawgazette.co.uk

R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law

‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’

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CrimeCast.Law, 30th November 2020

Source: crimecast.law

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

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CrimeCast.Law, 26th November 2020

Source: crimecast.law

An insight into the relevance of insight in misconduct outcomes – UK Police Law Blog

Posted August 18th, 2020 in disciplinary procedures, misfeasance in public office, news, police by sally

‘If a police officer facing professional disciplinary proceedings disputes the misconduct allegations and continues to do so even after a finding of gross misconduct, can the misconduct hearing conclude that that the officer lacks insight and remorse – and impose a higher disciplinary sanction? The case of General Medical Council v Awan [2020] EWHC 1553 (Admin) from the medical regulatory tribunals suggest that such a conclusion should not be reached automatically, although a continued denial of the findings may well be a relevant consideration.’

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UK Police Law Blog, 17th August 2020

Source: ukpolicelawblog.com

Serious Fraud Office prosecutes Airbus subsidiary over alleged corruption – The Guardian

‘The Serious Fraud Office (SFO) is prosecuting a UK subsidiary of Europe’s largest aerospace multinational, Airbus, along with three men over alleged corruption in an arms deal with Saudi Arabia.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Ex-detective who preyed on women given suspended sentence to care for son – The Guardian

‘A former detective constable who admitted inappropriate contact with women he met in the course of his duties has been given a suspended sentence after a judge heard that no one else could care for his one-year-old child during the coronavirus lockdown.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Care worker sentenced for misconduct in public office – Crown Prosecution Service

Posted March 13th, 2020 in care workers, imprisonment, misfeasance in public office, news, sentencing by tracey

‘A care worker, who had a sexual relationship with a vulnerable young adult and manipulated her colleagues to cover up her actions, has been imprisoned today (12 March 2020).’

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Crown Prosecution Service, 12th March 2020

Source: www.cps.gov.uk

Met upholds complaint of woman ‘deceived’ by undercover officer – The Guardian

Posted February 25th, 2020 in complaints, misfeasance in public office, news, police, spying by sally

‘An internal police investigation has uncovered credible evidence that an undercover officer deceived a 19-year-old woman into a long-term sexual relationship.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Family of UK man who died in police custody criticises watchdog – The Guardian

‘The family of a man who died in custody last month has criticised the police watchdog for failing to recommend the suspension of officers being investigated over the circumstances of his death.’

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The Guardian, 11th February 2020

Source: www.theguardian.com