Attorney General’s Reference (No 3 of 2003)

Subject Matter

CRIME — Common law offence — Misconduct in public office — Arrested person dying while in police custody — Recklessness as to risk to deceased's welfare — Elements of offence — Whether recklessness as to existence of duty to act sufficient — Whether concept of “bad faith” relevant

[2005] QB 73; [2004] 3 WLR 451

Commentary

Blackstones Criminal Practice 2025
Wilfully A2.13

Misconduct in Public Office B15.26

Misconduct in Public Office - Mens Rea B15.30