Part 21

Offences

Ill-treatment and wilful neglect of mentally disordered person
315
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 5 years or to a fine or to both.
4
In subsection 1(c), “
provides care services
” means anything done—
a
by a care service,
b
by an employee of a care service, or
c
in the course of a service provided or supplied by a care service,
whether by virtue of a contract of employment or any other contract or in circumstances as may be prescribed by regulations.
5
For the purposes of subsection (4), “
care service
” means a service mentioned in section 47(1)(a), (b), (d), (f), (g), (j) or (m) of the Public Services Reform (Scotland) Act 2010.
S. 315 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
S. 315(5) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(c), 36(2); S.S.I. 2017/294, reg. 2, sch.
Word in s. 315(3)(b) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(a), 36(2); S.S.I. 2017/294, reg. 2, sch.
S. 315(4) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(b), 36(2); S.S.I. 2017/294, reg. 2, sch.