Saturday, 18 October 2014

Mental Health (Care and Treatment) (Scotland) Act 2003: Section 315

[thanks to a fellow mental health campaigner for informing us about Part 21, Section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003]


315    Ill-treatment and wilful neglect of mentally disordered person

(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 2 years or to a fine or to both.

(4)In subsection (1)(c) above, the reference to the provision of care services shall be construed in accordance with section 313(5) of this Act.





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