Brammer, AK (2014) Carers and the Mental Capacity Act 2005: Angels Permitted, Devils Prosecuted? Criminal Law Review. pp. 589-606. ISSN 0011-135X

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The Mental Capacity Act 2005 introduced a new criminal offence of ill-treatment or wilful neglect of a person lacking capacity. The Court of Appeal has clarified the terms of the offence in the case of Dunn1, and more recently in Nursing2 and Patel.3 This article examines the background to the offence, its position within safeguarding practice, and the legal position of formal and informal carers under the Act. Selected reports of prosecutions from local press around the country illustrate application of the offence in practice. Questions are raised as to what the new offence actually adds to the pre-existing legal framework.

Item Type: Article
Uncontrolled Keywords: carers, ill-treatment, wilful neglect, mens rea, persons lacking capacity
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 30 Mar 2016 10:02
Last Modified: 23 May 2019 12:19

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