From: Jeremy Peter Howells, [EMAIL PROTECTED]
I would have to check but the charge of misfeasance in public
office is probably in one of the Criminal Law Acts
No just the disciplinary offence of failing to report for
duty. If he was ordered to go there and either refused or
just didn't go then the offence is more serious, neglect of
or dereliction of duty or refusing to obey a reasonable order.
Your example isn't a particularly good one as handling seized
property is a fairly mundane affair. Misfeasance requires that
he be required to act in a certain way while carrying out his
duties and he does not, should he say deliberately under count
the cigarrettes so as to reduce the crime then that might be
considered misfeasance.
Misfeasance is more usually used against local officials or
civil servants who misuse their delegated powers and its a very
unusual offence to resort to unless its linked with other
(usually criminal) charges.
Regards
Jerry
--
So what I postulated originally is usually true - if
a PC refuses to follow an order he commits no criminal act.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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