Law Report: Council employee guilty of misconduct
Regina v Bowden Court of Appeal (Criminal Division) (Lord Justice Hirst, Mr Justice Hidden and Mr Justice Mitchell) 24 February 1995
Wednesday 05 April 1995
The common law offence of misconduct in public office is not limited to officers or agents of the Crown but applies also to local authority employees.
The Court of Appeal dismissed the appellant's appeal against conviction of misconduct in a public office.
The appellant was employed by the Stoke-on-Trent City Council as the miscellaneous maintenance manager of the city works department, the council's direct labour organisation. He was convicted of dishonestly causing, when a holder of public office, work to be carried out at premises when those works were not required under the council's policy. The premises were let to the appellant's lady friend.
Anthony Barker QC (Registrar of Criminal Appeals) for the appellant; James Burbridge (CPS) for the Crown.
LORD JUSTICE HIRST said that the theme which ran through the cases over the past 200 years was that a "man accepting an office of trust concerning the public is answerable criminally to the King for misbehaviour in his office".
Henly v The Mayor and Burgesses of Lyme (1828) 5 Bing 91, although a civil case, correctly defined a public office as embracing "everyone who is appointed to discharge a public duty, and receives compensation in whatever shape, whether from the Crown or otherwise". No case limited the offence to officers or agents of the Crown.
The appellant was accountable for the receipt and disbursement of public money derived by the council either from rates or from central government grants. His salary was paid from the same public funds. He fell within the definition of public officer laid down in the authorities. The submission that his position was too lowly to qualify was no
Simon Calder looks at communities fighting back against the poachers
Guide dog mauled while helping owner deliver Christmas cards
The poorest pay the price for austerity: Workers face biggest fall in living standards since Victorian era
Nelson Mandela’s complex bond with Britain
Deadly ice storm pushes up US east coast as temperatures drop to -29C
10 stone five-year-old taken into care
- 1 A forgotten episode in Russian history leaves links with the Philippines
- 2 Turning up the voice of America
- 3 The man who made Femen: New film outs Victor Svyatski as the mastermind behind the protest group and its breast-baring stunts
- 4 Mass murder in the Middle East is funded by our friends the Saudis
- 5 Japan cracks down on leaks after scandal of Fukushima nuclear power plant
- < Previous
- Next >
Negotiable: Capita Education Resourcing Permanent Team: Capita Education is wo...
£700 - £800 per day: Harrington Starr: Data Warehouse Programme Manager (SQL, ...
£700 - £800 per day: Harrington Starr: Technical Programme Manager, (Static Da...
£42000 - £46500 per annum + Benefits: Pro-Recruitment Group: Big 4 Opportunity...