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Andrew Parsons from RadcliffesLeBrasseur has written a short briefing on the Lexology website on what general factors will the CQC, HSE, the police and other regulator prosecutors consider when contemplating charging an organisation or individual?
The CQC and other bodies who have power to prosecute follow guidance issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985.
On 24 October 2018 the Director of Public Prosecutions (DPP) issued revised guidance for prosecutors considering charging decisions.