Article 121 Ill-treatment of patients

Northern Ireland

(1)

Any person who, being an officer on the staff of or otherwise employed in a hospital, private hospital or nursing home or being F1... F2... a director of the F3HSC trust managing a hospital, or a person carrying on a private hospital or nursing home—

(a)

ill-treats or wilfully neglects a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or nursing home; or

(b)

ill-treats or wilfully neglects, on the premises of which the hospital or nursing home forms part, a patient for the time being receiving such treatment there as an out-patient,

shall be guilty of an offence.

(2)

Any individual who ill-treats or wilfully neglects a patient who is for the time being subject to his guardianship under this Order or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise) shall be guilty of an offence.

(3)

Any person guilty of an offence under this Article 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 two years, or to a fine of any amount, or to both.

Annotations

Textual amendments

F1: Words in art. 121(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 97; S.R. 2022/102, art. 2(b)
F2: 1994 NI 2
F3: Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2