Section 44 Ill-treatment or neglect

England and Wales

(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.

Annotations

Textual amendments

F1: Words 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

Notes on Part 1

Modifications

C1: Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)