Subsection (2) applies if a person ("D")—
has the care of a person ("P") who lacks, or whom D reasonably believes to lack, capacity,
is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or
is a deputy appointed by the court for P.
D is guilty of an offence if he ill-treats or wilfully neglects P.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.