Gareth Roberts appears on The Law Show to discuss Misconduct in Public Office

February 26, 2026

Gareth Roberts from Exchange Chambers this week appeared on The Law Show, the radio programme and podcast from BBC Radio 4.

Gareth spoke to Dr Joelle Grogan about the offence of Misconduct in Public Office, following the arrests of former US Ambassador Peter Mandelson and Andrew Mountbatten-Windsor on suspicion of the offence.

The arrests follow the release of a substantial number of files by the US Department of Justice relating to the activities of Jeffrey Epstein, a convicted sex offender who died in 2019 while awaiting trial on charges of sex trafficking underage girls. Andrew Mountbatten-Windsor was a friend of Epstein, as was Lord Mandelson.

Explaining the legal position, Gareth said that Misconduct in Public Office is a common law offence carrying a maximum sentence of life imprisonment.

He outlined the four essential elements of the offence, all of which must be proved. First, the individual must be a public officer acting in that capacity. Second, they must have wilfully neglected to perform their duty and/or wilfully misconducted themselves. Third, the conduct must be so serious that it amounts to an abuse of the public’s trust in the office holder. Finally, the conduct must have occurred without reasonable excuse or justification.

Gareth explained that there is a high threshold before criminal proceedings can be brought. He also discussed why Misconduct in Public Office is a difficult charge to prove, citing the “many potential pitfalls” in securing a conviction and the absence of a strict definition of what constitutes public trust.

The Law Show aims to help people understand and navigate the law. Experts from across the legal profession discuss the legal issues behind the headlines and explain how the law impacts people’s lives.

The full podcast is available here:

BBC Radio 4 – The Law Show, What is Misconduct in Public Office?