Misconduct in Public Office
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the offence of Misconduct in Public Office (MiPO), a common law offence that involves the wilful abuse or neglect of power by public officers, punishable by life imprisonment. It sets forth the legal elements necessary to establish this offence, including definitions of public officers and evidential considerations for prosecution. Prosecutors are encouraged to consider relevant factors, including public interest and seriousness of conduct, when applying the law.
Key points
- MiPO is a common law offence carrying a maximum sentence of life imprisonment.
- The offence requires a direct link between misconduct and abuse of public duties.
- Prosecutors should refer to case handling guidance when assessing MiPO allegations.
- Key evidential elements include public office status and wilful neglect or misconduct.
- Conduct must reach a high threshold of seriousness to constitute MiPO.
- Prosecution should reflect the seriousness of the offence and the suspect's culpability.
Public-interest factors
- The seriousness of the offence
- Culpability of the suspect
- Harm caused by the offending
- Impact on public trust
- Whether the alleged conduct involved the exploitation of vulnerable individuals
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.