Question to the Attorney General:

To ask the Attorney General, with reference to the report of the Independent review of gross negligence manslaughter and culpable homicide, commissioned by the General Medical Council, published in June 2019, whether the CPS has taken steps to implement the recommendation on enhancing the transparency and understanding of its decision-making process.

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.

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.

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.