44Ill-treatment or neglectE+W
(1)Subsection (2) applies if a person (“D”)—
(a)has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,
(b)is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or
(c)is a deputy appointed by the court for P.
(2)D is guilty of an offence if he ill-treats or wilfully neglects P.
(3)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
Textual Amendments
F1Words in s. 44(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table