Higher penalties for offences under Act

In section 127 of the 1983 Act (ill-treatment or wilful neglect of patients) the maximum penalty is increased from two to five years. The section now reads:

(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 [five years] or to a fine of any amount, or to both.

Extract from Explanatory Notes

Section 42: Offence of ill-treatment: increase in maximum penalty on conviction on indictment

170. Section 42 increases the maximum penalty for imprisonment on conviction on indictment for the offence of ill treatment of patients in section 127 in the 1983 Act. The maximum penalty on imprisonment on summary conviction for the same offence will increase from six months to one year on the commencement of sections 154 and 282 of the Criminal Justice Act 2003. The maximum penalties on summary conviction for the offences at sections 126 (forgery, false statements etc) and 128 (assisting patients to absent themselves without leave etc) of the 1983 Act will also increase on the commencement of those provisions of the 2003 Act.

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
1/10/07	Mental Health Act 2007 (Commencement No. 3) Order 2007	42	s127

Resources

Mental Health Act 2007 Explanatory Notes - page 31

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