I finally found the (purported) crime.
Misconduct in Public Office
07 July 2023 Updated: 7 July 2023|Legal Guidance
Introduction
Misconduct in public office (“MiPO”) is a common law offence that can be tried only on indictment.
It carries a maximum sentence of life imprisonment. The offence concerns
serious wilful abuse or neglect of the power or responsibilities of the public office held. There must be a direct link between the misconduct and an abuse of those powers or responsibilities. The Court of Appeal has made it clear that the offence should be strictly confined, and it can raise complex and sometimes sensitive issues. . . .
A public officer
There is no simple definition of a public officer, and each case must be assessed individually, taking into account the nature of the role, the duties carried out and the level of public trust involved. . . .
The following have been held to be public officers:
- holders of judicial and quasi-judicial office (judges, magistrates, registrars, coroners)
- police constables (including while suspended from duty – see Knox [2011] EWHC 1629 (Admin)
- police community support officers (Amar Iqbal [2008] EWCA Crim 2066) and other police civilian employees (L [2011] EWCA Crim 1259 ; Gallagher [2010] EWCA Crim 3201)
- immigration officers (John-Ayo [2008] EWCA Crim 1651)
- elected officials (MPs, councillors, ministers, mayors)
- civil servants (including local authority officers and DVLA employees)
- prison staff (including prison nurses and those employed by private companies operating prisons)
- army officers
- Bishops of the Church of England (Ball [2015] Unreported)
- volunteer members of the Independent Monitoring Board (Belton [2010] EWCA Crim 2857). . . .
Wilful neglect/breach of duty or misconduct
“Wilful” means “deliberately doing something which is wrong knowing it to be wrong or with reckless indifference as to whether it is wrong or not”: Attorney General’s Reference No 3 of 2003 [2004] EWCA Crim 868. Recklessness in this context means subjective recklessness i.e., the suspect was aware of a risk and in the circumstances known to them at the time it was unreasonable to take that risk (R v G [2003] UKHL 1034).
The offence can take a wide range of forms. It may involve a positive act or an omission in circumstances where action was required. In Dytham (1979) QB 722, for example, a police officer was held to have been correctly convicted when he made no move to intervene during a disturbance in which a man was kicked to death. In Attorney General’s Reference No 3 of 2003 [2004] EWCA Crim 868 it was alleged that the police failed to prevent the death of an injured man who was in their custody.
Examples of positive acts include:
- a local authority manager improperly arranging for contractors to carry out work at his partner’s home: Bowden [1996] 1 WLR 98
- a police officer accessing information from the Police National Computer to pass on to a criminal: Attorney General’s Ref (No.1 of 2007) [2007] EWCA Crim 760
- a prison officer passing information to journalists for payment: Norman [2016] EWCA Crim 1564
- a probation officer harbouring a wanted criminal after developing a sexual relationship with him whilst supervising him: McCarthy [2015] EWCA Crim 111