PART 1Criminal Justice

Offences involving ill-treatment or wilful neglect

I125Care provider offence: liability for ancillary and other offences

1

An individual cannot be guilty of—

a

aiding, abetting, counselling or procuring the commission of an offence under section 21, or

b

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence under section 21.

2

Where, in the same proceedings, there is—

a

a charge under section 21 arising out of a particular set of circumstances, and

b

a charge against the same defendant of a relevant offence arising out of some or all of those circumstances,

the defendant may, if the interests of justice so require, be convicted of both offences.

3

A person convicted of an offence under section 21 arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a relevant offence arising out of some or all of those circumstances.

4

Relevant offence” means an offence under an Act, or an instrument made under an Act, dealing with—

a

health and safety matters, or

b

the provision of health care or social care.

5

In this section—

  • Act” includes an Act or Measure of the National Assembly for Wales;

  • health care” and “social care” have the same meaning as in section 20.