Misconduct in Public Office (MIPO) – Claim Roadmap

Misconduct in Public Office (MIPO) – Claim Roadmap

Prepared for: Common Legal Circle (CLC)

For use in private prosecution initiatives under OPS

What is a MIPO Claim?

A MIPO claim is a criminal allegation brought against a public officer who has:

- Abused or neglected their official duties
- Acted dishonestly, corruptly, or with serious dereliction
- Betrayed public trust in a way that causes serious harm

It is not a statutory offence — it comes from common law, meaning it was developed through court judgments over time.

Legal Definition of MIPO

(From Attorney General’s Reference No. 3 of 2003)

To successfully make a MIPO claim, four legal elements must all be satisfied:

1. Public Officer

The accused must be a holder of a public office, e.g.:

- Police officers
- Civil servants
- Council officials
- Elected MPs or councillors
- NHS or prison staff acting in public functions

2. Misconduct in the Course of Duty

The conduct must occur while performing (or failing to perform) official duties.

3. Wilful or Reckless Misconduct

The misconduct must be:

- Deliberate, or
- Reckless about the consequences (Accidental errors or carelessness do not qualify)

4. Abuse of Public Trust – Seriousness Threshold

The act must be so serious that it:

- Undermines public confidence
- Damages trust in the institution or office held

ROADMAP TO MAKING A MIPO CLAIM

Step 1: Establish the Incident

- Collect facts: Who, What, When, Where
- Identify what public function was involved
- Define what duty the officer had (statutory, policy-based, or implied)

Step 2: Check the Four Elements

Use the four-part test:

- Was this person in public office?
- Did they act or fail to act while in duty?
- Was it wilful/reckless, not a mistake?
- Was the misconduct serious enough to harm public trust?

Step 3: Evidence Gathering

Types of evidence required:

- Internal reports (misconduct logs, complaint findings)
- Eyewitness statements
- Documents/emails showing failure to act
- CCTV, audio, official records
- Duty documents (Code of Ethics, SOPs, policy manuals)

Step 4: Draft the BOI (Bill of Indictment)

A formal accusation outlining:

- Identity of the accused
- Timeline of actions/inactions
- The official duties breached
- Why it meets the MIPO test
- Supporting evidence

CLC/OPS uses this to begin private prosecution if CPS fails to act.

Step 5: Legal Filing

- File the BOI and supporting evidence to a Magistrates’ Court
- Application made under Section 6(1) Prosecution of Offences Act 1985
- The court decides whether to issue a summons and allow trial

Step 6: Prosecution and Trial

If accepted:
- Case moves to Crown Court
- CLC (via OPS) prosecutes as a private prosecutor
- Possible outcomes: conviction, fines, imprisonment, disqualification

CASE EXAMPLES – Supporting The Claim

Common Pitfalls (Avoid These)

- Claim doesn’t prove seriousness
- Officer was not in public office
- Intent not shown (recklessness not proven)
- No clear link between duty breached and public harm

Use of MIPO in CLC/OPS

- CLC builds and investigates MIPO-based complaints
- OPS (Our Prosecution Service) mirrors CPS by issuing private prosecutions for MIPO when public systems fail
- MIPO claims allow prosecution of police, judges, council officers, DWP agents, prison guards, etc.

Useful Legal Sources

- Crown Prosecution Service (CPS): Misconduct in Public Office Guidance
- House of Commons Justice Committee Report on Public Office Misconduct
- GOV.UK Police Conduct Regulations
- Attorney General’s Reference No. 3 of 2003 – Leading case
- Judicial College Bench Book on Public Office Misconduct