Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 21 S Offences

315 Ill-treatment and wilful neglect of mentally disordered person S

(1) This section applies to a person (a “relevant person”) who—

(a) is an individual employed in, or contracted to provide services in or to, a hospital;

(b) not being the Scottish Ministers, is a manager of a hospital;

(c) provides care services; or

(d) is an individual who, otherwise than—

(i) by virtue of a contract of employment or other contract with any person; or

(ii) as a volunteer for a voluntary organisation,

provides care or treatment.

(2) A relevant person who—

(a) whether under this Act or otherwise—

(i) is providing care or treatment; or

(ii) purports to provide care or treatment,

to a patient; and

(b) ill-treats, or wilfully neglects, that patient,

shall be guilty of an offence.

(3) A person guilty of an offence under subsection (2) above shall be liable—

(a) on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment to imprisonment for a term not exceeding [F1 5] years or to a fine or to both.

[F2 (4) In subsection 1(c), “provides care services” means anything done—

(a) by a care service,

(b) by an employee of a care service, or

(c) in the course of a service provided or supplied by a care service,

whether by virtue of a contract of employment or any other contract or in circumstances as may be prescribed by regulations.]

[F3 (5) For the purposes of subsection (4), “care service” means a service mentioned in section 47(1)(a), (b), (d), (f), (g), (j) or (m) of the Public Services Reform (Scotland) Act 2010.]

Textual Amendments

F1 Word in s. 315(3)(b) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(a), 36(2); S.S.I. 2017/294, reg. 2, sch.

F2 S. 315(4) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(b), 36(2); S.S.I. 2017/294, reg. 2, sch.

F3 S. 315(5) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(c), 36(2); S.S.I. 2017/294, reg. 2, sch.

Commencement Information

I1 S. 315 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)