Paragraph 10 I1

In relation to detention of P in a place in circumstances amounting to a deprivation of liberty, the criteria for authorisation are that—

(a)

appropriate care or treatment is available for P in the place in question;

(b)

failure to detain P in circumstances amounting to a deprivation of liberty in a place in which appropriate care or treatment is available for P would create a risk of serious harm to P or of serious physical harm to other persons;

(c)

detaining P in the place in question in circumstances amounting to a deprivation of liberty would be a proportionate response to—

(i)

the likelihood of harm to P, or of physical harm to other persons; and

(ii)

the seriousness of the harm concerned;

(d)

P lacks capacity in relation to whether he or she should be detained in the place in question; and

(e)

it would be in P's best interests to be so detained.

Annotations

Commencement

I1: Sch. 1 para. 10 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)