The former neonatal nurse, 35, is serving fifteen whole life terms in prison after being found guilty of murdering seven babies and attempting to murder a further six while working at the Countess of Chester hospital between June 2015 and June 2016.
Senior Investigating Officer Detective Superintendent Paul Hughes has now confirmed the investigation has now been upgraded to include potential offences of gross negligence manslaughter.
According to UK law, the offence of gross negligence manslaughter is committed when a death occurs due to the grossly negligent “act or omission” on the part of an individual.
Lucy Letby is arrested by Cheshire Constabulary (Photo: Cheshire Constabulary/PA)
Prosecutions are extremely rare, and the definition of what amounts to gross negligence has evolved following a number of landmark cases considered by the courts over the past 30 years.
It adds that the “conduct of the defendant” must be “so bad in all the circumstances as to amount to a criminal act or omission.”
Who can be prosecuted?
A corporate manslaughter prosecution would mean the hospital trust being taken to court rather than any individuals, where the sentence would be an unlimited fine.
However, DS Hughes says the Cheshire Police investigation has now widened to the offence which focuses on the “grossly negligent action or inaction of individuals.”
According to Crown Prosecution Service guidance, the offence can be committed by “any healthcare professional.”
Chair of the independent inquiry Senior appeal court judge Kate Thirlwall (Photo: Peter Byrne / POOL / AFP)Letby’s most recent attempt to challenge her convictions was rejected in October last year by the Court of Appeal.
Letby’s legal team argued her trial had been unfairly prejudiced by media coverage and public comment by police, but three High Court judges dismissed the appeal.
He has asked the miscarriages of justice watchdog, the Criminal Case Review Commission (CCRC), to put her case back before the Court of Appeal.
The Countess of Chester Hospital (Photo: Jacob King/PA Wire)A spokesperson added: “At this stage it is not possible to determine how long it will take to review this application.”
Public inquiry due to conclude
Lady Justice Thirlwall has spent months hearing evidence about whether more could have been done to prevent Letby harming babies during sessions at Liverpool Town Hall.
Justice Thirlwall has said she intends to publish a report with her findings by the end of the year.
Mr McDonald said: “It is astonishing that on the eve of the legal argument to stop the Thirlwall Inquiry, the police have decided to issue a press release discussing gross negligence manslaughter.
“It is time they take a step back and ask themselves whether have they made a huge mistake.”
A spokesperson at the Countess of Chester Hospital NHS Foundation Trust said: “Due to the Thirlwall Inquiry and the ongoing police investigations, it would not be appropriate to comment further at this time.”
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