C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Miscellaneous and supplementary

44Ill-treatment or neglect

1

Subsection (2) applies if a person (“D”)—

a

has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,

b

is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or

c

is a deputy appointed by the court for P.

2

D is guilty of an offence if he ill-treats or wilfully neglects P.

3

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

b

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