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Public Offices?

Public Offices?

Postby Hairyloon » Thu Aug 24, 2017 11:24 am

The CPS guidance on Misconduct in Public Office references definitions along the lines of an office in which the public has interest. This suggests to me that a private company of appropriate scope would fall into this jurisdiction.
This leads me to wonder if there are other regulations for public bodies that could or should be applied to such private institutions.
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Re: Public Offices?

Postby atticus » Thu Aug 24, 2017 12:39 pm

CPS guidance. The sections headed "A Public Officer" and "acting as Such" should be read carefully.
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Re: Public Offices?

Postby atticus » Thu Aug 24, 2017 1:52 pm

in these days of ever-increasing "outsourcing" of government functions, the OP may have a point. but ...
in that guidance, the CPS also wrote:Misconduct in public office should be considered only where:

there is no suitable statutory offence for a piece of serious misconduct (such as a serious breach of or neglect of a public duty that is not in itself a criminal offence);

there was serious misconduct or a deliberate failure to perform a duty owed to the public, with serious potential or actual consequences for the public;

the facts are so serious that the court's sentencing powers would otherwise be inadequate
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Re: Public Offices?

Postby Hairyloon » Thu Aug 24, 2017 7:01 pm

atticus wrote:in these days of ever-increasing "outsourcing" of government functions, the OP may have a point. but ...
in that guidance, the CPS also wrote:Misconduct in public office should be considered only where:

there is no suitable statutory offence for a piece of serious misconduct (such as a serious breach of or neglect of a public duty that is not in itself a criminal offence);

there was serious misconduct or a deliberate failure to perform a duty owed to the public, with serious potential or actual consequences for the public;

the facts are so serious that the court's sentencing powers would otherwise be inadequate


Yes, hence the question. What statutory offences (or other mechanisms) might be applied to such an organisation?
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Re: Public Offices?

Postby atticus » Thu Aug 24, 2017 9:59 pm

Start by looking at what has happened. Then identify any applicable laws.
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