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The Commission has the ability to take forward a prosecution on behalf of a mortality review committee, if:

  • information requested by a mortality review committee Chair is not provided without reasonable excuse
  • information held by or on behalf of a mortality review committee is shared outside of the mortality review process.

There is a Prosecution Policy which sets out how the Commission is to exercise its discretion to prosecute on behalf of a mortality review committee. The purpose of this policy is to provide general guidance. It does not provide a binding set of rules about how the Commission will exercise its powers in particular cases. The key decision criteria in any case will always be whether the proposed exercise of prosecution powers is likely to further the Commission’s mortality review functions.

Any enquiry can be directed to

Download a copy of the prosecution policy here.

Last updated: 13th November, 2021