Journal of Politics and Law; Vol. 7, No. 4; 2014 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Modernising the Common Law Offence of Misconduct in a Public or Judicial Office Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail:
[email protected] Received: September 18, 2014 Accepted: October 18, 2014 Online Published: November 5, 2014 doi:10.5539/jpl.v7n4p46 URL: http://dx.doi.org/10.5539/jpl.v7n4p46 1. Introduction As noted in a number of previous articles,1 much of our criminal law is very antiquated. In part, this is due to many obsolete pieces of criminal legislation - often of great age. Also, there still exist a number of common law offences. These should be modernised and placed in statutory form. In respect of one of these common law offences, this article looks at the offence of misconduct in a judicial - or a public - office. In analysing this offence, regard may be had to the following legal texts: E Coke, Institutes of the Laws of England (1628-41);2 W Hawkins, A Treatise of the Pleas of the Crown (1716-1824);3 M Hale, The History of the Pleas of the Crown (published 1736, written 1640’s);4 W Blackstone, Commentaries on the Laws of England (1765-9);5 WO Russell, A Treatise on Crimes and Misdemeanors (1819-1964);6 W Archbold, Criminal Pleading, Evidence and Practice (1822-2014);7 Halsbury, Laws of England.8 It may be noted, in respect of this offence, that - apart from Archbold, Halsbury and Blackstone’s Criminal Procedure9 - modern criminal texts contain no (or very little) analysis of this offence.10 Reference may also be 1 A series of articles by the author has reviewed outdated criminal legislation.