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.

The full guidance is available on the CPS website.