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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 justifies the conclusion that the ‘strict confinement’ should be to the position held by whomsoever is carrying out the duty: rather, it should be addressed to the nature of the duty undertaken and, in particular, whether it is a public duty in the sense that it represents the fulfilment of one of the responsibilities of government such that the public have a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. This is consistent with Lord Mansfield’s observation in Bembridge referring to ‘an office of trust concerning the public.”

Judges:

Levesen LJ, Mitting, Males JJ

Citations:

[2013] EWCA Crim 466, [2013] 3 WLR 1064, [2013] 2 Cr App R 8

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Benbridge 1783
Lord Mansfield said that: ‘a man accepting an office of trust concerning the public, especially if attended with profit, is answerable criminally to the King for misbehaviour in his office; this is true, by whomever and in whatever way the officer . .

Cited by:

CitedMitchell, 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: 17 November 2022; Ref: scu.472640

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