The appellant had, after a ruling by the judge, pleaded guilty to a charge that ‘while acting as a public officer, namely a member of the Independent Monitoring Board, wilfully misconducted herself by developing personal and inappropriate relationships with serving prisoners at HMP Parkhurst.’ She had been a volunteer and appealed saying that as such she did not hold a public office.
Held: Remuneration was not an indispensable requirement for the holding of a public office, or for liability to prosecution for the offence of misconduct in a public office. The appeal failed.
Judges:
Gros LJ, Holroyde J, Mettyear Rec
Citations:
[2010] EWCA Crim 2857, [2011] 2 WLR 1434, [2011] 1 Cr App Rep 20, [2011] QB 934, [2011] 1 All ER 700
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Mitchell, Regina v CACD 12-Feb-2014
‘Is a paramedic employed by a National Health Service Trust in its ambulance service the holder of a public office so as to be subject to criminal sanction for misconduct?’
Held: The appeal succeeded; he was not: ‘the nature of the duty . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 28 August 2022; Ref: scu.427190
