Misconduct in public office

Misconduct in public office

Postby Freeman-B » Tue Jul 21, 2009 9:09 am

I just found this on the TPUC forums, in the thread http://tpuc.org/forum/viewtopic.php?f=17&t=2366&p=27930#p27930 (the one about Neil being taken to court)

Someone very helpfully mentioned the offence of "misfeascance", which is a tort offence caused by the abuse of power by public officials.

I imagine this could be VERY useful when dealing with constables, councils etc, who seem to abuse their power more each day. Further to my previous comments about holding constables to their oath, it could be a great way to hold them accountable.

This is the document that was posted - you can get more information by googling "misfeascance"

:peace: :love:
B
You do not have the required permissions to view the files attached to this post.
He who joyfully marches to music in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice. Einstein
Banking doesn’t “involve” fraud...banking IS fraud. Tim Madden
Freeman-B
Moderator
Moderator
 
Posts: 455
Joined: Tue May 19, 2009 2:04 pm
Location: Scotland/France

Re: Misconduct in public office

Postby Freeman-B » Tue Jul 21, 2009 12:21 pm

Couldn't resist posting this - some highlights from the attachment -
in Crouther’s Case (1600) a constable was prosecuted having refused to make a ‘hue and cry’ after being informed of a burglary.
Imagine if we were all to do the same today!

The elements of misconduct in public office are:
a) A public officer acting as such.
b) Wilfully neglects to perform his duty and/or wilfully misconducts himself.
c) To such a degree as to amount to an abuse of the public's trust in the office holder.
d) Without reasonable excuse or justification.


Try getting out of this one constable!
Like perverting the course of justice, misconduct in public office covers a wide range of conduct. It should always be remembered that it is a very serious, indictable only offence carrying a maximum sentence of life imprisonment. A charge of misconduct in public office should be reserved for cases of serious misconduct or deliberate failure to perform a duty which is likely to injure the public interest.


There is also a tort of misfeasance in public office, which is a civil offence.
First there is the case of targeted malice by a public officer i.e. conduct specifically intended to injure a person or persons. This type of case involves bad faith in the sense of the exercise of public power for an improper or ulterior motive. The second form is where a public officer acts knowing that he has no power to do the act complained of and that the act will probably injure the plaintiff. It involves bad faith inasmuch as the public officer does not have an honest belief that his act is lawful.


We SHALL hold them to account for their actions !

:peace: :love:
B
He who joyfully marches to music in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice. Einstein
Banking doesn’t “involve” fraud...banking IS fraud. Tim Madden
Freeman-B
Moderator
Moderator
 
Posts: 455
Joined: Tue May 19, 2009 2:04 pm
Location: Scotland/France

Re: Misconduct in public office

Postby huntingross » Tue Jul 21, 2009 1:07 pm

It's good info FB, thanks
Success nourishes hope
User avatar
huntingross
Moderator
Moderator
 
Posts: 4324
Joined: Mon Mar 09, 2009 11:29 pm
Location: FIDACH, Near Edinburgh

Re: Misconduct in public office

Postby Farmer » Tue Jul 21, 2009 1:25 pm

Yes, great stuff.
If you're scared of 'them' poisoning 'us' with some shit then maybe you haven't noticed the shit they are already poisoning us with.
- prajna - fmotl.co.uk forum 2011
User avatar
Farmer
Moderator
Moderator
 
Posts: 1989
Joined: Wed Apr 29, 2009 9:07 am


Return to News (the Good, the Bad & the Ugly)

Who is online

Users browsing this forum: No registered users and 2 guests

cron