 |
answer text |
<p>The CPS published updated legal guidance on gross negligence manslaughter in May
2019, to help make decision-making in these cases more transparent and to provide
comprehensive and up-to-date guidance on the offence of gross negligence manslaughter
in a medical setting, incorporating the recent relevant case law.</p><p> </p><p>Evidence
of medical experts will be required in all cases of medical manslaughter. Experts
have to be suitably qualified and are selected on the basis of having recent and relevant
expertise on the area of medicine concerned. Experts are provided with terms of reference
on the elements of the offence before providing their advice. For cases where a charging
decision of gross negligence manslaughter is under consideration, the prosecutor and
counsel will meet with the expert to discuss the report and the evidential test. Any
information which meets the disclosure test will be provided to the defence if a prosecution
is commenced.</p><p> </p><p>Since April 2019, all case decisions relating to charges
of gross negligence manslaughter are made by specialist prosecutors or senior specialist
prosecutors within the CPS Special Crime Division, and are taken in accordance with
the Code for Crown Prosecutors.</p>
|
|
