# Mental Capacity Act (Northern Ireland) 2016, Paragraph 10


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.

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Source: https://www.legislation.gov.uk/nia/2016/18/schedule/1/paragraph/10 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-1/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.