{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-2/paragraph-12",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-2/paragraph-12.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "schedule/2/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": null,
  "text": "(1) This paragraph applies for the purposes of paragraphs 11, 13 and 14.\n(2) The condition referred to in those paragraphs is that—\n(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;\n(b) detaining P in the hospital in circumstances amounting to a deprivation of liberty, for those purposes, is a proportionate response to—\n(i) the likelihood of harm to P, or of physical harm to other persons; and\n(ii) the seriousness of the harm concerned;\n(c) P lacks capacity in relation to whether he or she should be so detained; and\n(d) it would be in P's best interests for him or her to be so detained.\n(3) In sub-paragraph (2) “further care” means such one or more of the following as are appropriate in P's case—\n(a) further examination;\n(b) the provision to P of other treatment or care.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/schedule/2/paragraph/12",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}