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 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.