Section 25 Care provider offence: liability for ancillary and other offencesI1

England and Wales

(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, F1...

(b)

the provision of health care or social care F2, or

(c)

the provision of care or support for a child at a regulated establishment.

(5)

In this section—

“Act” includes an Act or Measure of the National Assembly for Wales;
F3“child”, “health care” F4, “regulated establishment” and “social care” have the same meaning as in section 20.

Annotations

Textual amendments

F1: Word in s. 25(4) omitted (29.6.2026) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 22(4)(a)(i), 78(2)(b)
F2: S. 25(4)(c) and word inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 22(4)(a)(ii), 78(2)(b)
F3: Word in s. 25(5) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 22(4)(b)(i), 78(2)(b)
F4: Words in s. 25(5) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 22(4)(b)(ii), 78(2)(b)

Commencement

I1: S. 25 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 21