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.