Criminal Justice and Courts Bill (HL Bill 30)

(b) a person has been “cautioned for” an offence if he or she has been given
a caution, a conditional caution or a youth caution or youth conditional
caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.

(9) 20In this section—

• “either-way offence” means an offence triable either way;

• “indictable-only offence” means an offence which, if committed by an
  adult, is triable only on indictment.

(10) This section applies whether the offence admitted was committed before or
25after the time when this section comes into force.

16 Section 15: supplementary

(1) An order under section 15 may make different provision for different
purposes.

(2) An order under section 15 must be made by statutory instrument.

(3) 30A statutory instrument containing an order under section 15(3) (specification
of either-way offences) is subject to annulment in pursuance of a resolution of
either House of Parliament.

(4) An order under section 15(7) (change to period in section 15(4)(b)) may not be
made unless a draft of the instrument containing the order has been laid before,
35and approved by a resolution of, each House of Parliament.

(5) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with
the Director of Public Prosecutions), in subsection (7), after “such a caution”
insert “(whether because of section 15 of the Criminal Justice and Courts Act
2014 or for any other reason)”.

Offences involving ill-treatment or wilful neglect

17 Ill-treatment or wilful neglect: care worker offence

(1) It is an offence for an individual who has the care of another individual by
virtue of being a care worker to ill-treat or wilfully to neglect that individual.

(2) 5An individual guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(3) 10“Care worker” means an individual who, as paid work, provides—

(a) health care for an adult or child, other than excluded health care, or

(b) social care for an adult,

including an individual who, as paid work, supervises or manages individuals
providing such care or is a director or similar officer of an organisation which
15provides such care.

(4) An individual does something as “paid work” if he or she receives or is entitled
to payment for doing it other than—

(a) payment in respect of the individual’s reasonable expenses,

(b) payment to which the individual is entitled as a foster parent,

(c) 20a benefit under social security legislation, or

(d) a payment made under arrangements under section 2 of the
Employment and Training Act 1973 (arrangements to assist people to
select, train for, obtain and retain employment).

(5) “Health care” includes—

(a) 25all forms of health care provided for individuals, including health care
relating to physical health or mental health and health care provided
for or in connection with the protection or improvement of public
health, and

(b) procedures that are similar to forms of medical or surgical care but are
30not provided in connection with a medical condition,

and “excluded health care” has the meaning given in Schedule 3.

(6) “Social care” includes all forms of personal care and other practical assistance
provided for individuals who are in need of such care or assistance by reason
of age, illness, disability, pregnancy, childbirth, dependence on alcohol or
35drugs or any other similar circumstances.

(7) References in this section to a person providing health care or social care do not
include a person whose provision of such care is merely incidental to the
carrying out of other activities by the person.

(8) In this section—

• 40“adult” means an individual aged 18 or over;

• “child” means an individual aged under 18;

• “foster parent” means—

  (a)

  a local authority foster parent within the meaning of the
  Children Act 1989,

  Criminal Justice and Courts BillPage 18

  (b)

  a person with whom a child has been placed by a voluntary
  organisation under section 59(1)(a) of that Act, or

  (c)

  a private foster parent within the meaning of section 53 of the
  Safeguarding Vulnerable Groups Act 2006.

(9) 5In relation to an offence committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, the reference in subsection (2)(b) to 12 months is to
be read as a reference to 6 months.

(10) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
10reference in subsection (2)(b) to a fine is to be read as a reference to a fine not
exceeding the statutory maximum.

18 Ill-treatment or wilful neglect: care provider offence

(1) A care provider commits an offence if—

(a) an individual who has the care of another individual by virtue of being
15part of the care provider’s arrangements ill-treats or wilfully neglects
that individual,

(b) the care provider’s activities are managed or organised in a way which
amounts to a gross breach of a relevant duty of care owed by the care
provider to the individual who is ill-treated or neglected, and

(c) 20in the absence of the breach, the ill-treatment or wilful neglect would
not have occurred or would have been less likely to occur.

(2) “Care provider” means—

(a) a body corporate or unincorporated association which provides or
arranges for the provision of—

(i) 25health care for an adult or child, other than excluded health
care, or

(ii) social care for an adult, or

(b) an individual who provides such care and employs, or has otherwise
made arrangements with, other persons to assist him or her in
30providing such care,

subject to section 19.

(3) An individual is “part of a care provider’s arrangements” where the
individual—

(a) is not the care provider, but

(b) 35provides health care or social care as part of health care or social care
provided or arranged for by the care provider,

including where the individual is not the care provider but supervises or
manages individuals providing health care or social care as described in
paragraph (b) or is a director or similar officer of an organisation which
40provides health care or social care as described there.

(4) A “relevant duty of care” means—

(a) a duty owed under the law of negligence, or

(b) a duty that would be owed under the law of negligence but for a
provision contained in an Act, or an instrument made under an Act,
45under which liability is imposed in place of liability under that law,

but only to the extent that the duty is owed in connection with providing, or
arranging for the provision of, health care or social care.

(5) For the purposes of this section, there is to be disregarded any rule of the
common law that has the effect of—

(a) preventing a duty of care from being owed by one person to another by
reason of the fact that they are jointly engaged in unlawful conduct, or

(b) 5preventing a duty of care being owed to a person by reason of that
person’s acceptance of a risk of harm.

(6) A breach of a duty of care by a care provider is a “gross” breach if the conduct
alleged to amount to the breach falls far below what can reasonably be
expected of the care provider in the circumstances.

(7) 10In this section—

(a) references to a person providing health care or social care do not
include a person whose provision of such care is merely incidental to
the carrying out of other activities by the person, and

(b) references to a person arranging for the provision of such care do not
15include a person who makes arrangements under which the provision
of such care is merely incidental to the carrying out of other activities.

(8) References in this section to providing or arranging for the provision of health
care or social care do not include making payments under—

(a) regulations under section 57 of the Health and Social Care Act 2001
20(direct payments for community services and carers);

(b) section 12A of the National Health Act 2006 (direct payments for health
care);

(c) section 31 or 32 of the Care Act 2014 (direct payments for care and
support);

(d) 25regulations under section 50 of the Social Services and Well-being
(Wales) Act 2014 (anaw 4) (direct payments to meet an adult’s needs).

(9) In this section—

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

• “adult”, “child”, “excluded health care”, “health care” and “social care”
  30have the same meaning as in section 17.

19 Care provider offence: excluded care providers

(1) A local authority in England is not a care provider for the purposes of section
18 to the extent that it carries out functions to which Chapter 4 of Part 8 of the
Education and Inspections Act 2006 applies.

(2) 35Where a body corporate has entered into arrangements with a local authority
in England under Part 1 of the Children and Young Persons Act 2008 (social
work services for children and young persons), the body is not a care provider
for the purposes of section 18 to the extent that it carries out relevant care
functions of that authority (as defined in that Part of that Act) under those
40arrangements.

(3) A local authority in Wales is not a care provider for the purposes of section 18
to the extent that it—

(a) carries out functions under Part 2 of the Childcare Act 2006;

(b) carries out the education functions of the authority (as defined in
45section 579(1) of the Education Act 1996);