Ill Treatment or Wilful Neglect

Under section 44 of the Mental Capacity Act any act of wilful neglect or ill treatment of a person who lacks capacity is subject to criminal proceedings if it is carried out by;

  1. A carer (paid or unpaid); or
  2. A Deputy appointed by the Court of Protection; or
  3. A donee of a Lasting Power of Attorney.

If found guilty on summary conviction (without a jury) the carer, Deputy or donee is liable to;

  1. Imprisonment for a term not exceeding 12 months; and/ or
  2. A fine not exceeding the statutory maximum.

If found guilty on conviction on indictment (by a jury) the carer, Deputy or donee is liable to;

  1. Imprisonment for a term not exceeding 5 years; and/or
  2. A fine not exceeding the statutory maximum.

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