Our first goal will be to seek disclose of documentary evidence during his time in charge of the NHS to confirm the level of responsibility it is alleged for the necessary deaths of patients in NHS Care under his supervision. We will start reaching out to criminal barristers shortly concerning the action which will be followed by a Class Action against the Sr David Nicholson and the National Health Service.
If you believe you have lost someone, suffered injury, loss or damage and have evidence that your NHS Trust covered it up then please join http://www.facebook.com/nhscomplaint to get involved in the Prosecution.
Proceedings to be initiated at Camber-well Green Magistrates Court London, Prosecution Team to be announced shortly. Provisional Application Date 1 April 2013.
Update: 18.26 4 March 2013: NHSComplaint and Cure The NHS North East are preparing a list of persons to be prosecuted that will be associated with the prosecution of Sir David Nicholson. Experts in the field of risk analysis of patient deaths are being approached.
Update: 17.09 5 March 2013: Magistrate Court provided details of Information likely to be laid before the Court and those involved in the prosecution. The letter included:-
Summary of Charges (to be confirmed)
- Corporate Manslaughter
- Misconduct in Public Office
- Perverting the Course of Justice
- Conspiracy to Pervert the Course of Justice
- 15 March 2013: Confirm summary of offence
- 25 March 2013: Draft Short Particulars of Information
- 2 April 2013: Laying of bundle of documentary information
- 19 April 2013: Court notifies Prosecution of an Oral hearing date
- 1 May 2013: Proposed date for Laying of Information hearing
Request for information within the next 5 working days
- The name of the District Judge who will be presiding on the matter
- Whether the Information will be assessed at an Oral Hearing, on the Papers on a combination of both
- Confirmation that the Court accepts that for the purposes of the Proceedings that Sir David Nicholson is a “Public Officer“. This is very importance since the Prosecution has concerns that the court has in past failed to properly recognise NHS Civil Servants under the definition of a Public Officer for this offence. This was despite NHS staff the precedent set by the Police who have arrested NHS staff in conjunction withOperation Weeting under the same offence.
Update: 8 March 2013 Proceedings Transferred to Westminster Magistrates Court
NHSComplaint
P.S. Please help us fund this action which will end up being the spearhead for further class actions against the NHS and other bodies and individuals who have covered up patient deaths , injuries and other criminal acts.
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What is a Private Criminal Prosecution?
Rights of private prosecution and the POA 1985
The right of private prosecution is expressly preserved by section 6(1) of the POA 1985,
which provides:
- Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.24;
- The Divisional Court considered the relationship between sections 3 and 6 of the POA 1985 in R v Bow Street Stipendiary Magistrate, ex p South Coast Shipping Co Ltd.25 The court held that section 6(1) only precluded private prosecutions in cases where the DPP is under a duty to take over proceedings (such a duty exists in relation to proceedings specified in section 3(2)(a), (c) and (d)26). It did not preclude private prosecutions in cases where the duty of the DPP is to institute proceedings (the duty specified in section 3(2)(b));
The right of private prosecution is expressly preserved by section 6(1) of the POA 1985,
which provides:
- a magistrate may refuse to issue a summons;
- the Attorney-General may terminate proceedings by entering a nolle prosequi;
- the Attorney-General may prevent criminal proceedings being instituted by vexatious litigants by
applying to the High Court for an order declaring such a person to be a vexatious litigant; - the DPP may take over private prosecutions and terminate them, whether by discontinuance,
withdrawal or offering no evidence; - the Law Officers, the DPP or some other designated officer or body may, with regard to those
offences where consent is a condition precedent to the institution of criminal proceedings, refuse
that consent.
In R v West London Metropolitan Stipendiary Magistrate, ex p Klahn,29 Lord Widgery CJ stated that, in deciding whether to issue a summons, a magistrates’ court should ascertain at least: (1) whether the offence alleged is known to law and whether the essential ingredients of the offence are prima facie present; (2) whether time-limits have been complied with; (3) whether the court has jurisdiction; and (4) whether any consent to prosecute, if required, has been obtained.30 In addition, the magistrate should consider whether the application is vexatious, which would, in turn, require examination of “the whole of the relevant circumstances”
The power of the Attorney-General to enter a nolle prosequi
On any indictable matter before the Crown Court, the Attorney-General may enter a nolle prosequi.31 This will stay the proceedings only and does not operate as a bar to future continuation of the proceedings. Nor does it amount to a discharge, or acquittal, on the merits.The majority of cases in which a nolle prosequi is entered concern defendants whocannot plead or otherwise stand trial, due to some mental or physical incapacity.
The five parts of Prosecutions
Prosecutions consist of five basic parts:
- Laying the Information: Process of presenting the charges and the short particulars of the offences before the court;
- Issuing the summons: The Magistrate issues the summons on the accused requesting the return to the court within 2 to 4 weeks;
- Serving the summons: The summons is served on the accused, generally by a Police Officer;
- Setting the trial date: On the return date, the accused and the prosecution agree a trial date;
- The Trial: Prosecution of the accused, either by a lawyer or an individual who feels confident enough with the procedures and the law to do so.
- http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0115_Judgment.pdf
- www.parliament.uk/briefing-papers/SN05281.pdf
- http://www.bbc.co.uk/news/health-21811368
- http://www.telegraph.co.uk/health/heal-our-hospitals/9934555/Thousands-of-NHS-deaths-preventable-if-warnings-heeded.html
- http://www.telegraph.co.uk/health/healthnews/9934211/New-criminal-offence-to-stop-NHS-hospitals-fiddling-figures-to-be-introduced.html
- http://www.dailymail.co.uk/news/article-2291372/Fire-Calls-Man-With-No-Shame-Sir-David-Nicholson-NHS-chief-hit-expenses-probe.html
- http://www.dailymail.co.uk/news/article-2290900/Blame-Labour-Mid-Staffs-scandal–says-ex-Labour-Health-Secretary-Frank-Dobson-warned-Tony-Blair-introducing-targets-competition-hospitals.html
- http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article1227768.ece
- http://www.guardian.co.uk/commentisfree/2013/mar/06/david-nicholson-not-right-person-nhs
- http://blogs.telegraph.co.uk/news/timstanley/100205421/sir-david-nicholson-waffle-and-buck-passing-at-the-health-select-committee/
- http://lastfoundling.com/2013/03/08/mid-staffs-is-a-man-made-scandal/
- http://www.telegraph.co.uk/health/healthnews/9917031/NHS-scandal-if-Nicholson-didnt-bury-the-damning-reports-who-did.html
- http://www.telegraph.co.uk/health/put-patients-first/9913889/Growing-fears-of-Bolton-hospital-death-rate-cover-up.html
- http://www.telegraph.co.uk/health/healthnews/9913790/Mid-Staffs-scandal-Sir-David-Nicholson-could-face-corporate-manslaughter-and-misconduct-charges.html
- http://www.telegraph.co.uk/health/healthnews/9913798/Mid-Staffs-scandal-Sir-David-Nicholson-safe-for-now.html
- http://www.telegraph.co.uk/health/healthnews/9810357/I-warned-Stafford-bosses-of-high-death-rates-claims-professor.html
- http://www.telegraph.co.uk/health/healthnews/9869579/NHS-whistleblower-faces-ruin-after-speaking-out-about-patient-safety.html
- Patients First
- NHS Complaint
- Cure the NHS
- Cure the NHS NE
- Cure the NHS Durham
- Cure the NHS Derriford
- Cure the NHS North Lincolnshire
- Cure the NHS Kings Mill Hospital
- Cure the NHS University Hospital North Durham
- Cure the NHS Queens Gate’s Head
- Cure the NHS
- Morecambe Bay Inquiry Action
- Save Mid Ulster Hospital
- Wansbeck General Hospital (mistakes)
- Families of MidStaffs
- Will Powell
- Gary Walker (Ex Lincolnshire Trust Chief Executive)
- Professor Brian Jarman (Head of Faculty of Medicine and Dr Foster Unit)
- Heather Wood (Care Quality Commission investigator)
- Kim Holt (Paediatrician: Baby P)
- Kay Sheldon (Care Quality Commission)
- Julie Bailey
- Fiona Bell
- James Titcombe
- Miguel Cubels
- Will Powell
- Frank Robinson
- Alan Edwards
- Dee Speers
- Deb Hazeldine
Evidence in Public Domain
- 6 December 2006: Select Committee on Public Accounts Minutes of Evidence
- Allegations of CQC suppressing concerns at Morecambe Bay
- Dr Heather Wood Mid Staffordshire Inquiry Witness Statement and Exhibits
- 11 September 2012: Health Committee – 2012 accountability hearing with the Care Quality Commission
- 14 December 2012: Written evidence submitted by James Titcombe (PHSO 10)