 The Crown Prosecution Service (CPS) prosecuted Lee for the dispensing error.She was originally arrested for gross negligence manslaughter but then charged under the Medicines Act offences, through early lack of useable evidence of that degree and/or as the death was, per the post mortem, one of natural causes of the lung cancer patient, the dosage in blood found evincing it was not the primary cause of the death.On 2 April 2009, before the case went before the President of the Crown Courts of London (and of the Old Bailey) who heard the arguments as to law only and not as to fact in relation to the Medicines Act 1968, as the facts were not contested.