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Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office , alleging in essence that the office-holder has misused or abused their power. [ 1 ]
In December 2020, the Law Commission issued a report recommending the common law offence of misconduct in public office be abolished, and replaced with two new statutory offences; one of 'corruption in public office' and another of 'breach of duty in public office'. [13] As of 2024, the government has not issued a response to the report. [14]
Accountability: all public office-holders are accountable, and should co-operate with all scrutiny procedures. Openness: all decisions should be justified, and information should be restricted only when necessary for the public interest. Honesty: public office-holders are required, by duty, to be honest in all their dealings and business.
Furthermore, the 1983 Law Commission report, Criminal Law: Offences Relating to Public Order recommended updating the law. [3] The Law Commission stated its desire to further to extend the codification of the law in England and Wales. It advocated the abolition of the common law offences of affray, riot, rout, and unlawful assembly. It argued ...
Misconduct in public office; Refusal to execute public office; Offences of selling public offices under the Sale of Offices Act 1551 and Sale of Offices Act 1809; Purchasing the office of clerk of the peace or under-sheriff, contrary to section 27 of the Sheriffs Act 1887; Cheating the public revenue; Offences under the Customs and Excise ...
Misconduct in public office; Refusal to execute public office; Doing an act tending and intended to pervert the course of public justice - a.k.a. perverting the course of justice, defeating the ends of justice, obstructing the administration of justice; Contempt of court a.k.a. criminal contempt; Fabrication of false evidence; Escape ...
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Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute. The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up the crime of misfeasance.