13th-century misconduct law used to prosecute journalists is too vague, says watchdog 

  • Even judges and lawyers do not understand the law, watchdog said
  • The misconduct in public office law 'had fallen into disuse after 1800'
  • It was used to prosecute journalists during discredited Operation Elveden  

By Steve Doughty Social Affairs Correspondent For The Daily Mail

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The ancient law of misconduct in public office, used to prosecute journalists under Scotland Yard’s discredited Operation Elveden, is unclear and ambiguous and needs urgent reform, Government law advisers said yesterday.

Even judges and lawyers do not understand what counts as a crime under the law, the Law Commission said.

The operation led to 90 arrests of those suspected of paying public officials for information and 34 arrests of journalists and editors. 

A law used by Scotland Yard in its discredited Operation Elveden, is unclear and ambiguous and needs urgent reform, Government law advisers said

A law used by Scotland Yard in its discredited Operation Elveden, is unclear and ambiguous and needs urgent reform, Government law advisers said

While 32 public officials, including police and prison officers, were convicted, only two prosecutions of journalists were successful, with one appealing this autumn.

The Commission, which advises ministers on which laws are not working, said the misconduct in public office law, which dates from the 13th century, had fallen into disuse after 1800.

‘It is probably unsurprising, therefore, that many people, including judges and lawyers, were unsure of the definition of the offence,’ its report said.

The Commissioner for criminal law, Professor David Ormerod QC, said the law is ‘unclear in a number of fundamental respects. 

There is urgent need for reform to bring clarity and certainty and ensure that public officials are appropriately held to account for misconduct committed in connection with their official duties.’ 

Metropolitan Police Commissioner Sir Bernard Hogan-Howe has been accused of knee-jerk reaction to the political furore in 2011 and a failure to rein in the inquiry as its progress waned

Metropolitan Police Commissioner Sir Bernard Hogan-Howe has been accused of knee-jerk reaction to the political furore in 2011 and a failure to rein in the inquiry as its progress waned

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