Part 21Offences

315Ill-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 F15 years or to a fine or to both.

F2(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.

F3(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.