Section 25 Section 24: definitionsI1

(1)

This section applies for the purposes of section 24.

(2)

“Related detention” means—

(a)

the detention of P in circumstances amounting to a deprivation of liberty while P is being taken to a place in which care or treatment is available for P; or

(b)

the detention of P in circumstances amounting to a deprivation of liberty in pursuance of a condition imposed on P that relates to permission given to P to be absent from a relevant place (as defined by section 27).

(3)

Detention is “authorised” if, at the time the act is done, there is in force an authorisation granted—

(a)

by a panel under Schedule 1, or

(b)

by the making of a report under paragraph 2 of Schedule 2 (authorisation of short-term detention for examination etc),

which authorises that detention.

(4)

See paragraph 22 of Schedule 1 or paragraph 18 of Schedule 2 (as the case may be) for provisions about the scope of an authorisation.

(5)

The prevention of serious harm condition is that at the time the act is done D reasonably believes—

(a)

that failure to detain P in circumstances amounting to a deprivation of liberty would create a risk of serious harm to P or of serious physical harm to other persons; and

(b)

that the detention in question 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.

(6)

References in this section to “the act” are to the act mentioned in section 24(1).

Annotations

Commencement

I1: S. 25 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)