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Mental Health (Scotland) Act 1984
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Changes over time for: Section 105
Version Superseded: 01/04/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1996- Amendment
- 11/01/2000
Point in time - 01/04/2002- Amendment
- 05/10/2005- Amendment
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105 Ill-treatment of patients.S
(1)It shall be an offence for any person being an officer on the staff of or otherwise employed in a hospital or nursing home, or being a manager of a hospital or a person carrying on a nursing home—
(a)to ill-treat or wilfully neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or nursing home; or
(b)to ill-treat or wilfully neglect, on the premises of which the hospital or nursing home forms part, a patient for the time being receiving such treatment there as an out-patient.
(2)It shall be an offence for any individual to ill-treat or wilfully neglect a patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care.
[F1(2A)It shall be an offence for any individual to ill-treat or wilfully neglect a patient in respect of whom a community care order is for the time being in force.]
(3)Any person guilty of an offence against this section 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 both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Textual Amendments
F1S. 105(2A) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 6
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