An exact definition of malfeasance in office is difficult: many highly regarded secondary sources (such as books and commentaries) compete over its established elements based on reported cases.
Case law has established a broad definition of "public office holder" for this purpose that does not depend on the person holding a formal "office" as such, nor on being paid out of the public purse, though a government employee is more likely to be found to fall into the definition.
[9] A similar statutory offence exists under section 26 of the Criminal Justice and Courts Act 2015 for those who improperly or corruptly use the powers or privileges they have as police officers.
[10][11] In the House of Lords judgement in the BCCI case, it was held that this had three essential elements:[12] In December 2020, the Law Commission issued a report recommending the common law offence of misconduct in public office be abolished, and replaced with two new statutory offences; one of 'corruption in public office' and another of 'breach of duty in public office'.
As noted above, many courts will find malfeasance in office where there is "ignorance, inattention, or malice", which implies no intent or knowledge is required.