 It was expected that it would state that where gross negligence manslaughter charges had been excluded, the police and CPS should pass the case to the regulator and not pursue prosecution.This was intended to be an interim solution until Parliament agreed to amend the Medicines Act 1968 to decriminalise dispensing errors.At the appeal hearing, Lee's defence raised the issue of the new Protocol, hoping it to inform the appeal if the appeal, if rescheduled.