‘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 undertaken by ambulance paramedics was to treat and provide emergency healthcare to the individual patients for whose care they become responsible by reason of the circumstances in which they come into contact with them: it is a duty to the individual. In a general sense, of course, the public would be concerned by any example of a breach of the individual duty (such as occurred in this case) but that is not to say that there is a duty to the public which is different from, or additional to, the general duty owed to the individual. There is not.’
Lord Justice Leveson identified three tests: ‘First, what was the position held? Second, what is the nature of the duties undertaken by the employee or officer in that position? Third, does the fulfilment of those duties represent the fulfilment of one of the responsibilities of government such that the public have a significant interest in the discharge of the duty which is additional to or beyond an interest in anyone who might be directly affected by a serious failure in the performance of that duty? If the answer to this last question is ‘yes’, the relevant employee or officer is acting as a public officer; if ‘no’, he or she is not acting as a public officer.’
Sir Brian Leveson P QBD, Thirlwall, Lewis JJ
[2014] EWCA Crim 318, [2014] 2 Cr App R 2
Bailii
England and Wales
Citing:
Cited – Rex v Bembridge 1783
The defendant was an accountant in the office and place of receiver and paymaster general. The court was asked whether he held a public office.
Held: A man who holds a public office is answerable criminally to the king for misbehaviour in that . .
Cited – Henly v Lyme Corporation 1828
The plaintiff owned property by the sea. It was swamped by the tide because the corporation, who had been granted land by the Crown subject to a condition that it maintain the sea-defences of the cob, had ‘wrongfully and unjustly intending to . .
Cited – Belton, Regina v CACD 9-Nov-2010
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 . .
Cited – Regina v Cosford and Others CACD 16-Apr-2013
The appellants, female prison workers, appealed against their convictions for misconduct in public office having been found to have engaged in sexual activity with male prisoners.
Held: The appeals were dismissed: ‘Nothing in the authorities . .
Cited by:
Cited – Ball v Johnson 29-May-2019
Summons granted for political lies allegation
(Westminster Magistrates Court) The court gave its reasons for acceding to a request for the issue of a summons requiring the defendant to answer a charge for three offences alleging misconduct in a public office.
Held: There was prima facie . .
Cited – Johnson v Westminster Magistrates’ Court Admn 3-Jul-2019
Public Office Misconduct – Acting As not While
The claimant sought judicial review of a decision to issue a summons against him alleging three offences of misconduct in public office. He was said to have issue misleading statements in support of the campaign leading up to the Referendum on . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 November 2021; Ref: scu.526964