Practitioners must advise clients that where criminal proceedings are resolved by a negotiated agreement involving the accused consenting to intervention orders in exchange for a nolle prosequi, this will not satisfy the 'favourable termination' element of malicious prosecution. Additionally, a member of parliament making a request to police to prosecute does not constitute the exercise of a public power sufficient to ground misfeasance in public office, even if police may act more deferentially toward an MP.
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