Mental Capacity Act 2005
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Change 1
44 Ill-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 the 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.
44 Ill-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 the 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.
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