Unsatisfactory Performance and Attendence Flashcards
1
Q
What is the offence of misconduct in a public office?
A
It is an offence for anyone holding a public office to do anything which amounts to malfeasance
The offence is categorised…
- where there is no statutory offence but the circumstances are such that they amount to criminal conduct
- where there is a statutory offence but it would be inappropriate to use it (such as evidential difficulties proving it)
- where there is a statutory offence but the sentence is not sufficient for the seriousness of the misconduct
There must be a link between the office and the misconduct so misconduct by a police officer off duty may not count
For there to be misconduct there must be…
- conduct by the person involving an act or omission
- evidence of wilful neglect or wilful misconduct
- the degree of neglect or misconduct
- proof the action was taken without a reasonable excuse or justification
Examples include…
- a man employed as a local authority maintenance man using resources and staff to carry out work on his family home
- a police officer neglecting to stop and assault
- a supervisor failing to stop an officer committing an offence
- police officers writing to people who they believed to have cars stollen in other countries telling them they might not be the legal owners (possibly?)
- there is no limit to the sentence that can be imposed
2
Q
What is the offence of impersonating a police officer?
A
Any person who…
- with intent to deceive
- impersonates a member of the police force or special constable
- makes any statement
- does any act
- to augment they are a member of the police force
3
Q
What is the offence of wearing or possessing a uniform?
A
Any person who…
- wears any article of p ok ice uniform
- to have the appearance if a police officer
- with intention to deceive
…OR…
- has in their possession
- any article of uniform
- unless they can prove they have it lawfully
- this includes
- article of clothing
- mark or badge
- ID document
4
Q
What is the offence of impersonating an accredited person?
A
Any person who…
- impersonates a designated person or inspector
- does an act or makes a statement to suggest they are a designated person or inspector
- does an act or makes a statement to suggest they have the powers of such designated person or inspector
5
Q
What is the offence of causing dissatisfaction?
A
Any person who…
- causes or attempts to cause
- dissatisfaction amongst the police
- induces
- attempts to induce
- any member of the police to withhold services
