{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/section-44",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/section-44.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "section/44",
  "kind": "section",
  "number": "44",
  "heading": "Ill-treatment or neglect",
  "text": "(1) Subsection (2) applies if a person (“D”)—\n(a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,\n(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\n(c) is a deputy appointed by the court for P.\n(2) D is guilty of an offence if he ill-treats or wilfully neglects P.\n(3) A person guilty of an offence under this section is liable—\n(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;\n(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/section/44",
    "retrieved_at": "2026-10-29T09:16:24.228713+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}