Page:Mental Health (Care and Treatment) Act 2008.pdf/14

14 :(b) wilfully or unreasonably does, or causes the patient to do, any act which endangers or is likely to endanger the safety of the patient or which causes or is likely to cause the patient—
 * (i) any unnecessary physical pain, suffering or injury;
 * (ii) any emotional injury; or
 * (iii) any injury to his health; or
 * (c) wilfully or unreasonably neglects the patient in circumstances that are likely to endanger the safety of the patient or to cause the patient—
 * (i) any unnecessary physical pain, suffering or injury;
 * (ii) any emotional injury; or
 * (iii) any injury to his health.

(3) For the purpose of subsection (2)(c), a person shall be deemed to have neglected the patient in circumstances likely to cause him unnecessary physical pain, suffering or injury or emotional injury or injury to his health if the person wilfully or unreasonably neglects to provide adequate food, clothing, medical aid or care for the patient.

(4) A person may be convicted of an offence under subsection (1) notwithstanding—
 * (a) that any actual suffering or injury on the part of the patient or the likelihood of any suffering or injury on the part of the patient was obviated by the action of another person; or
 * (b) the death of the patient.

(5) Any person who has sexual intercourse with a patient of a psychiatric institution, while in that institution, shall be guilty of an offence.

(6) Consent shall not be a defence in any proceedings for an offence under subsection (5) if the accused knew or had reason to suspect that the person in respect of whom the offence was committed was a patient of the psychiatric institution.

(7) Any person who is guilty of an offence —
 * (a) under subsection (1) shall be liable on conviction—