Section 44 of the Mental Capacity Act 2005

Section 44 of the Mental Capacity Act 2005 is being brought into force on April 1 2007 by way of The Mental Capacity Act 2005 (Commencement No. 1) (England and Wales) Order 2007 (see SI 563/2007).

Section 44 creates a new criminal offence of ill treatment or wilful neglect of a person lacking capacity or who is reasonably believed to lack, capacity by:

• Anyone responsible for that person’s care.
• Donees of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4).
• Deputies appointed by the court.

The penalty for a person found guilty of this offence is:

• On summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.
• On conviction on indictment, imprisonment for a term not exceeding five years or a fine or both.