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Bribery Guideline used to sentence offence of misconduct in public office (R (SFO) v Cook)

Published on: 19 February 2025

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Corporate Crime analysis: Mr Cook was a senior civil servant within the Ministry of Defence (MOD) who was convicted of misconduct in public office but acquitted of a more serious charge of corruption. The case related to his acceptance of commissions in relation to the award of a contract by MOD. Having been convicted of the lesser offence, the judge sentenced him to 30 months’ immediate custody having closely followed the Bribery Sentencing Guideline. The approach to sentencing in this case, and the difficulties faced by the judge in reaching the sentence provide a useful moment to reflect on the need for reform of the common law offence of misconduct in public offence. Written by Tayyiba Bajwa, barrister at Doughty Street Chambers.

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