Independent prosecutor upholds CPS decision not to charge Lucy Letby over further allegations
The Crown Prosecution Service (CPS) has upheld its decision not to bring further criminal charges against Lucy Letby following an independent review requested under the Victims’ Right to Review (VRR) scheme.
The review examined the CPS’s earlier decision not to prosecute Letby in relation to further allegations involving the deaths and non-fatal collapses of babies. After reassessing the available evidence, an independent prosecutor concluded that the original decision should stand.
The review followed requests from the families of six babies, who exercised their right under the VRR scheme after the CPS announced in January 2026 that no additional charges would be brought. The review process involved a prosecutor who had not been involved in the original charging decision, ensuring an independent reassessment of the evidence.
Malcolm McHaffie, Head of the CPS Special Crime Division, said an extensive review had been completed. He explained that the independent prosecutor had re-examined substantial evidence and other material before reaching the conclusion that there was insufficient basis to overturn the earlier decision. The review therefore upheld the CPS’s original determination not to authorise further charges.
The CPS had previously considered a total of 11 potential charges involving nine babies. These included allegations of murder in relation to two infants who died and allegations of attempted murder concerning seven infants who survived. After reviewing evidence submitted by Cheshire Constabulary, prosecutors concluded that the evidential test required under the Code for Crown Prosecutors was not met in any of those cases.
The CPS has emphasised throughout the process that charging decisions are made independently and are based solely on whether the available evidence satisfies the legal test for prosecution. The organisation also noted that the VRR scheme gives victims and qualifying family members the opportunity to request an independent review of certain decisions not to prosecute, but it does not guarantee that proceedings will be started.
Lucy Letby remains convicted of the offences for which she was found guilty following separate criminal proceedings. The latest review concerns only the additional allegations considered after Cheshire Constabulary submitted further evidence to prosecutors in July 2025. It does not alter or affect the existing convictions or sentences.
Following the review, the CPS confirmed it had informed the families of the outcome and would continue to offer explanations of its decision-making where appropriate. The service reiterated that its role is to make fair, objective and independent charging decisions based on the evidence available rather than to determine guilt or innocence.
Cheshire Constabulary previously stated that it believed the evidence it submitted met the threshold for charging and had made representations to the CPS during the original decision-making process. However, the force acknowledged that it must respect the CPS’s independent decision. Police also confirmed that the outcome does not affect Operation Duet, the ongoing investigation into potential corporate manslaughter and gross negligence manslaughter at the Countess of Chester Hospital, which remains separate from the criminal cases against Letby.
The conclusion of the Victims’ Right to Review process brings the CPS’s consideration of the additional allegations to a close, leaving the original decision not to pursue further charges unchanged.