Paragraph 12 I1

(1)

This paragraph applies for the purposes of paragraphs 11, 13 and 14.

(2)

The condition referred to in those paragraphs is that—

(a)

failure to detain P in the hospital in circumstances amounting to a deprivation of liberty, for the purposes of further care, would create a risk of serious harm to P or of serious physical harm to other persons;

(b)

detaining P in the hospital in circumstances amounting to a deprivation of liberty, for those purposes, is 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;

(c)

P lacks capacity in relation to whether he or she should be so detained; and

(d)

it would be in P's best interests for him or her to be so detained.

(3)

In sub-paragraph (2) “further care” means such one or more of the following as are appropriate in P's case—

(a)

further examination;

(b)

the provision to P of other treatment or care.

Annotations

Commencement

I1: Sch. 2 para. 12 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)