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According to the Chemist and Druggist the Crown Prosecution
Service (CPS) has released guidance over the criminal prosecution
of pharmacists for dispensing errors.
The guidance sets out key tests for prosecutors to consider before
a pharmacist is faced with a criminal conviction under the
Medicines Act. Points include whether there was intent, the
seriousness and consequences of the error, the actions of the
pharmacist or technician after the incident, whether there is
evidence the pharmacist has made other dispensing errors, and what
regulatory action has been taken.
Director of Public Prosecutions Keir Starmer welcomed the guidance,
which was produced in cooperation with the MHRA and Department of
Health.
"[We] believe that this legal guidance will ensure high quality
decision making and consistency of approach when prosecutors come
to consider such cases," Mr Starmer added.
The guidance follows a letter from Mr Starmer to the PDA pledging
new guidance would be delivered by the end of June, after the
criminal conviction of locum Elizabeth Lee for a single dispensing
error was overturned last month.