Part 1Persons who lack capacity
Miscellaneous and supplementary
44Ill-treatment or neglect
(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.