Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 21 – Offences

Section 315: ill treatment and wilful neglect of a mentally disordered person

625.Section 315 makes it an offence for a carer or a member of staff, or someone working in or managing a hospital (other than the Scottish Ministers) to ill-treat or wilfully neglect a patient to whom they are providing care or treatment. The maximum penalty on indictment is 2 years’ imprisonment.