Parliament is in the process of replacing this common law offence (but not retrospectively) - see previous post 4 February 2026.
Only HM The King has immunity from prosecution or civil action.
The elements of the offence were set out in Attorney General's Reference 3/2003 reported at [2004] EWCA Crim 868. At para 61 of the judgment, the Court of Appeal (Criminal Division) summarised the requirements:
1. A public officer acting as such2. Wilfully neglects to perform his duty and/or wilfully misconducts himself
3. To such a degree as to amount to an abuse of the public's trust in the office holder
4. Without reasonable excuse or justification.
The court added that, as with other criminal charges, it will be for the judge to decide whether there is evidence capable of establishing guilt of the offence and, if so, for the jury to decide whether the offence is proved.
Previous post - The Epstein Files 3 February 2026
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