Section 127 Ill-treatment of patients.

England and Wales

(1)

It shall be an offence for any person who is an officer on the staff of or otherwise employed in, or who is one of the managers of, a hospital F1, independent hospital or care home—

(a)

to ill-treat or wilfully to neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or home; or

(b)

to ill-treat or wilfully to neglect, on the premises of which the hospital or home forms part, a patient for the time being receiving such treatment there as an out-patient.

(2)

It shall be an offence for any individual to ill-treat or wilfully to neglect a mentally disordered patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise).

(2A)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Any person guilty of an offence under this section shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding F3five years or to a fine of any amount, or to both.

(4)

No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

Annotations

Textual amendments

F1: Words in s. 127(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(8); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F2: S. 127(2A) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F3: Words in s. 127(3)(b) substituted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 42, 56 (with Sch. 10); S.I. 2007/2798, art. 2(f)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)