 The prosecution asked the judge to substitute the conviction under 85(5) of the Medicines Act 1968 for a conviction under section 64(1), which had been allowed to ‘lie on file’ during the initial hearing.Lee's defence team asked for the section 64(1) charge to continue to lie on file since she had not pleaded guilty to it and the CPS protocol, when published, would likely mean that the CPS would no longer pursue a prosecution.The prosecution stated, however, that they would pursue a fresh prosecution for that breach if the issue was left to lie on file.