R (Johnson (Boris)) v Westminster Magistrates’ Court [2019] EWHC 1709 (Admin) - S 1(1)(a) MCA 1980.
- misleading statements made in public office.
1) before issuing summons, magistrate must determine alleged offence is known to law and essential ingredients are prima facie present.
- four elements of common law offence of misconduct in public office.
- high threshold for issuing summons.
2) as ingredients of offence of misconduct in public office, a) “acting as such” means acting in the discharge of the duties of the office and b) “wilfully neglects to perform his duty and/or wilfully misconducts himself’ means the individual must be acting as, not simply whilst, a public official.”
3) D entitled to know why court found his prosecution not vexatious.
undefined: unpaid