[2012] NICA 35

The consent of the Director of Public Prosecutions for Northern Ireland had not been required to prosecute a care worker for offences of ill-treatment of a patient under the Mental Health (Northern Ireland) Order 1986 art.121. The purpose of the consent provision in art.126 of the Order was to guard against the risk of prosecutions being brought in inappropriate circumstances and that purpose was not undermined by any delegation of prosecutorial discretion.

CA (NI) (Morgan LCJ, Higgins LJ, Coghlin LJ)


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