04 February 2026

Public Office (Accountability) Bill - Misconduct in Public Office

Currently before Parliament is the Public Office (Accountability) Bill

The Bill is now at Report Stage in the House of Commons. The text of the Bill is HERE.

This post is a brief look at Part 3 of the Bill which is headed Misconduct in Public Office

Clause 12(1) - will create a new offence ...

 Clause 16 states ... 

 

Hence, the common law offence of misconduct in public office will be abolished but not retrospectively.

One enacted, Part 5 (Commencement) will apply. Ministers are enabled to decide when particular provisions come into force.

Once in force, it is unlikely that any criminal charges will be brought for the common law offence but that, of course, remains to be seen.

The Bill will also created an offence of Breach of duty to prevent death or serious in injury - 

 

Please read the Bill in full and, in particular, Part 3 of the Bill and any Schedules referred to in Part 3.

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