A DECISION on whether a retrial will be held on six attempted murder charges in the case of Lucy Letby, where jurors failed to reach a verdict, will be made later this month.

The Crown Prosecution Service (CPS) has confirmed there will be a court hearing on Monday, September 25 at Manchester Crown Court.

In that court hearing, the CPS will announce if a retrial on a total of six counts will be held.

The jury in the first trial, which lasted 10 months, was unable to reach verdicts on six counts of attempted murder of babies at the Countess of Chester Hospital.

The six counts were one for Child H, one for Child J, one for Child K, two for Child N and one for Child Q, with the prosecution alleging these attacks by Letby, a neonatal unit nurse, took place between September 2015 and June 2016. Letby, 33 and originally from Hereford, denied all charges.

CPS guidance in the event of the failure of a jury to agree on a verdict is, as stated on its website: "There is a presumption that the prosecution will seek a retrial where a jury fails to agree on a verdict at the first trial.

"The following factors should be taken into account when considering a retrial in these circumstances.

  • The merits of the case;
  • Likely reasons for the jury's failure to reach a verdict;
  • The public interest in seeking a verdict
  • The interests and views of the victim(s);
  • Any views expressed by the trial judge;
  • Prosecuting Advocate's opinion; and
  • The views of the police.

"Where two juries fail to reach a verdict, the presumption is that the prosecution will not seek a third trial unless there are exceptional circumstances."

Previously, prosecutor in the first trial Nicholas Johnson KC said the CPS would require 28 days from the conclusion of the first trial for a decision to be made on a retrial.