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.