Northern Irish Court of Appeal, on appeal by way of case stated, holds that consent of the DPP was not required for the prosecution of a care worker charged with two offences of ill-treatment of a patient.
Criminal law – appeal by way of case stated – refusal of a District Judge (Magistrates' Courts) to stay proceedings against the appellant – ill-treatment of a patient contrary to article 121(2) of the Mental Health (Northern Ireland) Order 1986 – DPP’s consent had not been obtained prior to the institution of the proceedings – Section 33(2)(b) of the Justice (Northern Ireland) Act 2002 – whether Court was correct in law to refuse an application to stay proceedings against the appellant on the basis that the Director of Public Prosecutions was entitled lawfully to consent to the institution of proceedings against the appellant before the invalidity of proceedings concerning the same allegations in which the appellant had entered pleas of guilty had been established by a court – Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 – PPS Code for Prosecutors paragraph 4.9.1.