Healthcare briefing – CQC prosecutions: New guidance relevant to guilty pleas
We have noted in previous briefings the apparent increase in the CQC’s use of its powers as a prosecution authority. We have particularly noted the outcome of the latest prosecutions.
Where providers are charged with an offence it is important to get early legal advice. This is particularly crucial if the provider is likely to wish to plead guilty.
A guilty plea may, in accordance with the Sentencing Council’s guideline, attract a discount on the fine of up to a third.
However that ‘discount’ will only apply if the defendant pleads guilty at the earliest opportunity within the court process and clear legal advice will be needed to maximise the benefits of this in appropriate cases.
For more information or guidance, please contact:
Partner and Head of Healthcare – Providers
T. 020 7227 7282
This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.