Could the consultant be prosecuted under the National Health Service Act 2006?
The use of a report in these circumstances can be distinguished from the previous Caldicott issue, as in this case information was required regarding whether the individual should be prosecuted; the report in the previous Caldicott issue did not require this type of information. The Council considered it to be inappropriate for a consultant to provide a decision on prosecution to the CPS. If the incident took place and it was that person who did it, the CPS must decide whether to prosecute. It is not the responsibility of the consultant to say whether or not a prosecution should take place. However, if the person is subsequently found guilty a psychiatric report can be requested to use in the sentencing.
